Bremerton coach files religious discrimination against district over 50-yard-line prayers

The Bremerton High School football coach who made national headlines by insisting on performing post-game prayers has filed an official complaint against the school district.

Coach Joe Kennedy filed the complaint Tuesday morning with the Equal Employment Opportunity Commission, saying that his freedom to express his religion had been violated.

“I feel like my hand’s been forced to take action in defending my constitutional rights as an American, and not just to let it go to the wayside,” Kennedy said.

When Kennedy started coaching in 2008, he says he made a commitment to thank God for every success and failure, to thank his team for working hard and pray for their safety on the field. So, he would go to the 50-yard-line, take a knee and say a prayer.

Eventually, his team started joining him. Sometimes, even players from the opposing team would, too.

But in early September, an administrator at another district brought the postgame tradition to the attention of Bremerton staff. Administers explained that the school’s policy forbade public religious expression during school-sponsored activities and asked Kennedy to stop.

A district spokeswoman elaborated, saying Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290 (2000) established that students are always allowed to pray on their own, but “it is a constitutional violation of students’ rights for a District employee, acting as such, to initiate prayers with students. It is equally clear that District employees may not participate in even student-initiated prayer.”

Related: Bremerton student reaches out to Satanist temple for postgame prayer

Kennedy stopped praying, briefly, when his on-field prayers were pointed out. But he started again, arguing it was his constitutional right. He was put on paid leave just before a playoff game in October. Just before Thanksgiving, when getting his annual performance evaluation, the District recommended Kennedy not be re-hired on his yearly contract.

Kennedy said he tried to meet the district halfway, to no avail.

“I never expected, asked, or anything. But I don’t even pray out loud with the kids anymore,” he said. “There’s no interaction with them whatsoever. I went out of my way to make sure they’re completely off the field. And that’s my chance to just go out there and give thanks.”

Filing the complaint is the last step Kennedy must take before suing the District. However, it’s not clear what that might entail.

The district wouldn’t comment on the EEOC complaint, saying they were yet to receive it. However, in a statement from October, they acknowledged Kennedy went out of his way to not make any student feel like prayer was mandatory and complied with district requests not to lead prayers in the locker room, or on the field.

“However, he has continued a practice of engaging in a public religious display immediately following games, while he is still on duty,” said the statement.

According to Bremerton School District officials, Kennedy was offered a private place to exercise his right to religious expression, out of the public eye, but didn’t take them up on it.

When asked why he wants to pray in such a public way, Kennedy said he’s not trying to make a spectacle. He just wants to get back to coaching and keep his few moments of silence and solitude on field.

“When the media got hold of it, then it turned into this giant show. And that’s not what I’m about,” he said. “And after all the media kind of died down a little bit, and especially at the away games, where nobody really knew who I was and there was [sic] no cameras around, it was nice to just go out there and just take a knee and give thanks. It was that nice quiet moment.”