No. 16-35801.

869 F.3d 813 (2017)

Joseph A. KENNEDY, Plaintiff-Appellant, v. BREMERTON SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2017.

Attorney(s) appearing for the Case

Rebekah Ricketts (argued) and Benjamin D. Wilson , Gibson Dunn & Crutcher LLP, Dallas, Texas; Daniel S.J. Nowicki , Gibson Dunn & Crutcher LLP, Palo Alto, California; Jeffrey Paul Helsdon , Oldfield & Helsdon PLLC, Fircrest, Washington; Hiram Sasser and Michael Berry , First Liberty Institute, Plano, Texas; Anthony J. Ferate , Ferate PLLC, Edmond, Oklahoma; for Plaintiff-Appellant.

Michael B. Tierney (argued) and Paul Correa , Tierney & Blakney P.C., Seattle, Washington, for Defendant-Appellee.

Andrew L. Nellis (argued) and Richard B. Katskee , Americans United for Separation of Church and State, Washington, D.C.; David L. Barkey , Anti-Defamation League, Boca Raton, Florida; Jeffrey I. Pasek , Cozen O'Connor, New York, New York; for Amici Curiae Americans United for the Separation of Church and State; The Anti-Defamation League; Central Conference of American Rabbis; Disciples Justice Action Network of the Christian Church (Disciples of Christ); Equal Partners in Faith; Hadassah, the Women's Zionist Organization of America, Inc.; Hindu American Foundation; The Interfaith Alliance; Jewish Social Policy Action Network; People for the American Way Foundation; Union for Reform Judaism; and Women of Reform Judaism.

Gerald J. Russello and Daniel A. McLaughlin , Sidley Austin LLP, New York, New York; Collin P. Wedel , Sidley Austin LLP, Los Angeles, California; Christopher R. Mills , Sidley Austin LLP, Washington, D.C.; for Amicus Curiae Former Professional Football Players Steve Largent and Chad Hennings.

Justin D. Park , Bellevue, Washington, for Amicus Curiae Garfield High School Coaches Kellen Alley and Joseph Thomas.

Concurrence by Judge Milan D. Smith, Jr.


Bremerton High School (BHS) football coach Joseph A. Kennedy appeals from the district court's order denying his motion for a preliminary injunction that would require Bremerton School District (BSD or the District) to allow Kennedy to kneel and pray on the fifty-yard line in view of students and parents...

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