BY: KELLY KUJAWA| JULY 11, 2024
Laws, mandates, and sports. Let’s talk about them.
On June 19th, 2024, Louisiana Governor Jeff Landry signed legislation that would require public schools to display a copy of the Ten Commandments in every classroom.
Oklahoma state superintendent Ryan Walters followed by mandating that the Bible be taught in public classrooms.
Under the First Amendment, the Establishment Clause prevents the government from making a law respecting an establishment of religion. The law and mandate controversy stem from the fear that the law and mandate directly oppose the Establishment Clause.
So, what does this have to do with sports?
The law and mandate’s sanction represent a startling shift away from the precedents established by previous cases.
Engel v. Vitale (1962) determined that prayers cannot take place in a public school setting, even if they are considered voluntary.
Stone v. Graham (1980) followed suit in a case eerily similar to Louisiana’s, where Kentucky state law required the Ten Commandments be posted in public school classrooms. The law was considered unconstitutional, as it opposed the Establishment Clause.
These court cases developed the precedent that the intersection between religion and schools should remain at a minimum. However, Kennedy v. Bremerton (2022) showed a significant shift away from the traditional precedent.
Joseph Kennedy was a high school football coach in the Bremerton school district who was suspended for praying in front of students and spectators. Kennedy was asked to stop, and in response Kennedy sued the school district for violating his First Amendment rights.
The Supreme Court supported Kennedy in their decision. However, the opinion of the Court has been questioned due to misrepresentation of Kennedy’s behavior.
The case gives the impression that Kennedy was praying by himself, when he was actually leading students and spectators very publicly.
Students were quoted as saying they were afraid to not join in for fear they would not have as many opportunities on the field if they abstained. Kennedy’s prayers went as far as resembling mobs that led to knocking over the marching band, according to the school’s principal.
Kennedy created a culture that was imbued in religion. His efforts went so far that members of the opposing teams were participating.
Joseph Kennedy praying during a football game. Image from Meegan M. Reid / Kitsap Sun via AP file
What does this mean for Louisiana, Oklahoma, (and more importantly) sports?
When a leader of a community promotes a specific practice he presses members of that community to follow his example. Therefore, Kennedy’s behavior could easily have influenced his students and fellow community.
If John Kennedy was able to blatantly violate the Establishment Clause, with the support of the Supreme Court, then it is not unreasonable to assume that Louisiana’s law and Oklahoma’s mandate will be considered unconstitutional.
Kennedy’s case of including religion in his sports practice is not new, and reflects a larger cultural component of sports in America.
Religion is recognized as consisting of rituals and beliefs. The practice of “game days” and the faith fans have of their teams illustrates how sports has an inherently religious element to it. Religion in sports is not just occasionally featured by the devout, but sports themselves are considered religions.
Kennedy’s inclusion of prayer in a practice already culturally religious further reinforces the religious undertone. And because this took place during public school events, his actions raise questions.
While John Kennedy prominently and publicly declared his beliefs, at the end of the day, he was one man. Louisiana’s and Oklahoma’s intentions are statewide, with a much higher likelihood that their endorsement of Christianity will have an influence over students.
The authority of teachers and coaches is based on a power dynamic that results in them having a high level of influence over their students. Incorporating religion into that dynamic will likely result in a coercive execution of their duties. The integrity of sports, where athletes’ opportunities are determined by their ability to play, is at risk.
The separation between church and state is getting blurry. What’s the play? Is Louisiana’s law constitutional? Will Oklahoman students gain historical understanding of the Bible, or be shepherded into Christianity during school hours? Will athletes and fans have faith in the game, or their God? Let us know down below, and keep up with all things sports and politics at What’s Your Jock Support!
Works Consulted
Associated Press. “How will Louisiana’s Ten Commandments classroom requirement be funded and enforced?” NPR. June 30, 2024. https://www.npr.org/2024/06/30/nx-s1-5024117/louisiana-ten-commandments-classroom-requirement-how-funded-and-enforced.
Blake, Aaron. “Gorsuch and Sotomayor’s extraordinary factual dispute.” The Washington Post. June 29, 2022. https://www.washingtonpost.com/politics/2022/06/29/gorsuch-sotomayor-praying-coach/.
“Engel v. Vitale.” Oyez, www.oyez.org/cases/1961/468. Accessed July 7, 2024.
Kaur, Anumita. “Oklahoma schools are required to teach the Bible, state superintendent says.” The Washington Post. June 27, 2024. https://www.washingtonpost.com/nation/2024/06/27/oklahoma-bible-schools/.
LaRose, Greg. “Louisiana will face lawsuit over Ten Commandments school displays”
Louisiana Illuminator. June 19, 2024. https://lailluminator.com/2024/06/19/ten-commandments-4/.
“Lemon v. Kurtzman.” Oyez, www.oyez.org/cases/1970/89. Accessed July 7, 2024.
Meyer, Smith and Peter Smith. “Ten Commandments. Multiple variations. Why the Louisiana law raises preferential treatment concerns.” AP News. June 29, 2024. https://apnews.com/article/ten-commandments-louisiana-public-schools-religious-views-7c4af860da21df52c304346fab76c4ae.
Millhiser, Ian. “Louisiana wants the Ten Commandments in public schools. Will the Supreme Court let it?” Vox. June 25, 2024. https://www.vox.com/scotus/356703/supreme-court-louisiana-ten-commandments-public-school.
Millhiser, Ian.“The Supreme Court hands the religious right a big victory by lying about the facts of a case.” Vox. June 27, 2022. https://www.vox.com/2022/6/27/23184848/supreme-court-kennedy-bremerton-school-football-coach-prayer-neil-gorsuch.
“Stone v. Graham.” Oyez, www.oyez.org/cases/1980/80-321. Accessed July 7, 2024.
“The Lemon Test.” Pew Research Center. May 14, 2009. https://www.pewresearch.org/religion/2009/05/14/shifting-boundaries6/.
