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Tue March 08, 2022

By Bren Yocom

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Rutledge Urges the Supreme Court to Side with Coach’s Religious Freedom to Pray

Attorney General Leslie Rutledge Rutledge
Rutledge Urges the Supreme Court to Side with Coach’s Religious Freedom to Pray

LITTLE ROCK– Arkansas Attorney General Leslie Rutledge joined a 27-state coalition urging the U.S. Supreme Court to reverse a Ninth Circuit ruling that wrongly limited a high school football coach’s First Amendment rights. Coach Joseph Kennedy was disciplined for praying quietly and alone on the high school’s football field upon the conclusion of games. The school district previously implemented a policy prohibiting all religious activity by staff members in front of students or the public.

“America was founded on an individual’s right to practice faith without interference from the government,” said Attorney General Leslie Rutledge. “As an unwavering supporter of religious freedom — whether it’s a ceremonial prayer before a meeting or a high school football coach praying after a game — I will always defend our First Amendment rights under the Constitution.”  

The brief in support of Coach Kennedy argues that:

  • Contrary to the Ninth Circuit’s opinion, Supreme Court precedent does not establish that a public employee’s private speech (like Coach Kennedy’s private prayer) is exempt from First Amendment protection.

  • Allowing the School District to justify its discriminatory actions under the Establishment Clause not only conflicts with settled constitutional principles, but it also creates problems for both public employers and public employees.

  • The Ninth Circuit’s curtailment of First Amendment liberties is detrimental to public service. Private religious expression and public service can and must coexist.  

This amicus brief was led by Arizona, Alaska, Florida, and Texas and was joined by attorneys general from Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.

The case before the United States Supreme Court is Joseph A. Kennedy v. Bremerton School District.

About Attorney General Leslie Rutledge

Leslie Carol Rutledge is the 56th Attorney General of Arkansas. Elected on November 4, 2014, and sworn in on January 13, 2015, she is the first woman and first Republican in Arkansas history to be elected as Attorney General. She was resoundingly re-elected on November 6, 2018. Since taking office, she has significantly increased the number of arrests and convictions against online predators who exploit children and con artists who steal taxpayer money through Social Security Disability and Medicaid fraud. Further, she has held Rutledge Roundtable meetings and Mobile Office hours in every county of the State each year, and launched a Military and Veterans Initiative. She has led efforts to roll back government regulations that hurt job creators, fight the opioid epidemic, teach internet safety, combat domestic violence and make the office the top law firm for Arkansans. Rutledge serves on committees for Consumer Protection, Criminal Law and Veterans Affairs for the National Association of Attorneys General. She also served as the former Chairwoman of the Republican Attorneys General Association.

A native of Batesville, she is a graduate of the University of Arkansas at Fayetteville and the University of Arkansas at Little Rock William H. Bowen School of Law. Rutledge clerked for the Arkansas Court of Appeals, was Deputy Counsel for former Governor Mike Huckabee, served as a Deputy Prosecuting Attorney in Lonoke County and was an Attorney at the Department of Human Services before serving as Counsel at the Republican National Committee. Rutledge and her husband, Boyce, have one daughter. The family has a home in Pulaski County and a farm in Crittenden County.

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