Andrew Chung, Lawrence Hurley

(Reuters) – Monday’s hearing at the U.S. Supreme Court will focus on religious rights for government workers. It is hearing an appeal from a former Washington State public high school football coach who refused to end his participation in prayers after the games.

Arguments in this case, which pits individual worker’s religious rights against the ban on government endorsement of a specific religion, will be heard by the justices. In many cases, the court’s conservative majority of 6-3 has taken an expansive view on religious liberty.

Joseph Kennedy was a part time assistant football coach for Bremerton. He appealed a ruling by a lower court that dismissed his claim that his suspension from school violated his free speech and religious freedom rights, as well as the First Amendment.

It is unclear whether Kennedy’s public speech and Christian-infused prayers alongside his players were governmental speech. These can be regulated by Supreme Court precedents. Or if they are a private act which would be protected under the First Amendment.

Kennedy’s lawyer team, the lawyers for the school district claim that Kennedy has distorted what happened. They have created an “absurd tale” of an authoritarian government interdicting religious speech. First Liberty Institute is Kennedy’s representative. This religious liberty organization represents Kennedy.

Kennedy made a “spectacle” out of his speeches and prayers, inviting students to be there and attracting media attention. This was all while he was working as a government worker. The district also suggested that the prayers from Kennedy could have been coercive. However, some parents claimed their children were compelled by them to take part.

San Francisco’s 9th U.S. Circuit Court of Appeals in San Francisco ruled against Kennedy last year. It found that Kennedy’s local officials had violated the First Amendment ban on government establishment of faith if they allowed his activities to continue.

Paul Clement Kennedy’s lawyer stated that “teachers and coaches still have First Amendment rights on school premises. The suppression of the individual religion expression of teachers or coaches is not allowed, let alone required by the First Amendment.”

Kennedy worked as an assistant football coach from 2008 through 2015. Kennedy, according to the district, delivered pre-game prayers for players until 2015 when officials discovered that these prayer sessions were religious.

Concerned that Kennedy’s actions might be interpreted as an impermissible endorsement by the government of religion, the district notified Kennedy to cease the prayer while on duty and offered other locations within the school.

Kennedy at first appeared to agree, according to the district. But, Kennedy later refused, and made several media appearances, which attracted national attention. Kennedy was repeatedly disobeyed by school officials and placed on paid parental leave. He did not return to coaching for the next season.

Kennedy’s legal team claims that Kennedy was “injured” by his actions. In 2016, Kennedy sued in federal court. Kennedy requested a court order for him to be reinstated in his role as coach. Officials were accused of violating Kennedy’s free speech and religious discrimination. Kennedy was not allowed to return home because he had moved from the school district. However, he stated that he will be returning if his job is reinstated.

In recent years, the Supreme Court has increased individual religious rights and reduced separation between state and church.

Two Christian families challenged a Maine tuition assistance program. The state exempts schools which promote religion from the Maine state tuition aid program. During arguments in December, the court’s conservatives indicated support for the families.