KENNEDY v. BREMERTON SCHOOL DIST.

No. 20-35222.

991 F.3d 1004 (2021)

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

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2021.


Attorney(s) appearing for the Case

Devin S. Anderson (argued), Emily Merki Long , and Elizabeth Hedges , Kirkland & Ellis LLP, Washington, D.C.; Hiram Sasser , Michael Berry and Stephanie N. Taub , First Liberty Institute, Plano, Texas; Anthony J. Ferate , Spencer Fane LLP, Oklahoma City, Oklahoma; Jeffrey Paul Helsdon , Helsdon Law Firm PLLC, Tacoma, Washington; for Plaintiff-Appellant.

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

Richard B. Katsee (argued) and Alexander Gouzoules , Americans United for Separation of Church and State, Washington, D.C., for Amici Curiae Religious and Civil Rights Organizations.

Francisco M. Negrón Jr. , Chief Legal Officer, National School Boards Association, Alexandria, Virginia; Sloan R. Simmons and Courtney de Groof , Lozano Smith, Sacramento, California; for Amici Curiae National School Boards Association, Association of Alaska School Boards, Arizona School Boards Association, California School Arizona School Boards Association, California School Boards Association, Nevada Association of School Boards, and Washington State School Directors' Association.

Kevin G. Clarkson , Attorney General; Katherine Demarest , Senior Assistant Attorney General; Alaska Department of Law, Anchorage, Alaska; Ken Paxton , Attorney General; Jeffrey C. Mateer , First Assistant Attorney General; Ryan L. Bangert , Deputy First Assistant Attorney General; Kyle D. Hawkins , Solicitor General; Kyle D. Highful and Natalie D. Thompson , Assistant Solicitors General; Office of the Attorney General, Austin, Texas; for Amici Curiae States of Alaska, Texas, Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia.

Concurrence by Judge Christen.


OPINION

This case requires us to decide whether Bremerton School District (BSD) would have violated the Establishment Clause by allowing Joseph Kennedy, a high school football coach, to engage in demonstrative religious conduct immediately after football games, while kneeling on the field's fifty-yard line, surrounded...

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