Case of praying high school football coach heads to court

PHILADELPHIA — A federal appeals court was asked Oct. 3 to decide whether a New Jersey high school football coach violated the Constitution by taking a knee and bowing his head during pre-game prayers.

Marcus Borden, a longtime coach and Spanish teacher at East Brunswick High School, persuaded a lower court judge last year that his actions did not amount to prayer and did not violate the separation of church and state. Borden, 52, instead described his movements as a secular sign of respect for the team.

The East Brunswick Board of Education appealed the ruling, contending that by taking a knee and bowing his head, Borden was endorsing religion whether he mouthed the words with his players or not.

The appeal has since been taken over by Americans United for Separation of Church and State, a Washington-based group that opposes prayer in schools.

“There is no question that Borden was leading the prayer,” Richard Katskee, the group’s assistant legal director, told a three-judge panel of the 3rd U.S. Circuit Court of Appeals.

With sharp questioning, the judges at times appeared to express doubt about the school board’s position.

“How are you going to enforce this? Are you going to walk around with a ruler?” Judge Maryanne Trump Barry asked in reference to Borden’s bowed head. “What if he has his head bowed, but he says he’s not praying?”

But the panel also took issue with the arguments made on behalf of the coach, who has acknowledged praying with the team in the past.

“Knowing the (coach’s) history, I’m not sure I’d want to say, ‘No, I don’t want to pray,’” Judge Theodore McKee said.

McKee said he had “serious concerns” about several aspects of the lower court decision, but he added the school board’s appeal didn’t raise the issues. At one point, he told both sides, “This looks like a mess to me.”

The case has been closely watched around the country, and Barry Lynn, the executive director of Americans United, said it is likely to guide schools nationwide in setting policy.

—RNS