美国国家公共电台 NPR--Supreme Court backs a high school coach's right to pray on the 50-yard line

Supreme¹ Court backs a high school coach's right to pray on the 50-yard line

Transcript²

The U.S. Supreme Court on Monday sided with a high school football coach who claimed the right to pray on the 50-yard line after each game, joined by those players who wanted to participate. The 6-to-3 decision was the latest example of the court's conservative supermajority requiring more accommodation for religion in public schools and less separation between church and state.

The decision was based largely on the lower courts' finding that that the school told the coach to stop his midfield praying because it would be perceived as a school endorsement³ of religion.

Writing for the court majority, Justice Neil Gorsuch said that the school relied exclusively and improperly⁴ on concerns that the prayers would be viewed as a religious endorsement by the school. Without evidence that students had been coerced⁵, the majority said, barring coach Joseph Kennedy from praying on the 50-yard line at the end of each game was a form of hostility⁶ to religion, in violation⁷ of the Constitution.

"Respect for religious expressions is indispensable to life in a free and diverse Republic. Here, a government entity⁸ sought to punish an individual for engaging in a personal religious observance, based on a mistaken view that it has a duty to suppress religious observances even as it allows comparable secular⁹ speech. The Constitution neither mandates¹⁰ nor tolerates that kind of discrimination. Mr. Kennedy is entitled to summary judgment¹¹ on his religious exercise and free speech claims," Gorsuch wrote.

The three dissenters¹² said that account of the facts blinkered reality. Writing for the three liberals, Justice Sonia Sotomayor said that Kennedy's prayer was neither private speech, nor benign¹³. She pointed¹⁴ to the fact that the coach conducted a media blitz leading ultimately to the field being stormed and students being knocked down. And she said "schools face a higher risk of unconstitutionally 'coerc[ing] ... support or participat[ion] in religion or its exercise' than other government entities¹⁵."

"This decision does a disservice to schools and the young citizens they serve, as well as to our Nation's longstanding commitment to the separation of church and state," Sotomayor wrote. "Today's decision elevates the rights of a school coach who voluntarily accepted public employment, over the rights of students required to attend public schools and who may feel obligated to join in prayer." In doing so, Sotomayor claims, the court gives "short shrift" to the constitutions ban on state entanglement¹⁶ with religion.

University of Virginia law professor Douglas Laycock usually files briefs siding with religion advocates. But not in this case. He called Monday's ruling, "fundamentally dishonest" and pointed to the third sentence of the Gorsuch opinion, which characterizes coach Kennedy's conduct as "quiet isolated¹⁷ prayers," stating, "They weren't quiet and they weren't isolated. They were leading the students in prayer, and to say that's okay undermines all the school prayer cases." By that he means Supreme Court decisions barring teacher- or student-led prayers in public school classrooms, and ceremonies like graduation.

Villanova law school's Michael Moreland conceded that the facts in this case could cut either way, but he still said that the court got it right. He said that some of the court's school prayer precedents¹⁸, but not all, may now fall by the wayside. Among those on firmer ground now he said are, "historical practices that have gone on for a long time and in a lot of parts of the country. That includes coaches leading prayers and it might include things like moments of silence at graduations."

Background to the case

The case began in 2015 when school administrators¹⁹ in Bremerton, Wash., instructed Kennedy to stop his praying on the field at the end of the game. But Kennedy, a former Marine²⁰, refused. "I fought and defended the Constitution and the thought of leaving the field of battle where the guys just played and having to go and hide my faith because it was uncomfortable to somebody, that's just not America," he said.

By the time of the homecoming game, Kennedy's media appearances had made him something of a celebrity²¹, and things in Bremerton had gotten so tense that despite extra police at the game, the mainly pro-prayer crowd mobbed the field, knocking over some of the band members and cheerleaders. Kennedy, surrounded by TV cameras and some players, knelt to pray on the field while a state legislator placed his hand on Kennedy's shoulder in support. That wasn't all. There were Satan worshippers there, too, from Seattle. It was, recalled the school principal, "a zoo."

The school continued to tell Kennedy and his lawyers that it wanted to accommodate his wish to pray, but it wanted a less public demonstration²² of faith because it said the post game prayers would be seen as the school endorsing²³ religion.

Near the end of the season, after Kennedy repeatedly refused to stop his public praying, the superintendent²⁴ placed Kennedy on paid administrative²⁵ leave. Kennedy did not apply for a new contract the following year. Instead, he sued the school district, contending it had violated his right to free speech and the free exercise of religion.

What the opinion means

Monday's decision is the latest in a long line of recent decisions siding with religious interests, and against more secular ones. Among them: the court has ruled that the constitution bars federal anti-discrimination laws, including those requiring accommodations for sick and disabled employees, from applying to lay teachers at religious schools; it ruled that a Catholic social services agency could refuse to abide²⁶ by its contract with Philadelphia, a contract which required it to work with same-sex couples applying to take in foster children; it ruled that closely held for-profit corporations could refuse, on religious grounds, to abide by a federal law requiring insurance to cover contraception for their employees; it ruled that city councils and other public boards are free to open their meetings with explicitly²⁷ Christian²⁸ prayers. It ruled that a 4o-foot cross honoring soldiers who died in World War I could remain on state property at a busy intersection²⁹ in suburban³⁰ Maryland.

This is far from a complete list, but it is an indication of more such decisions to come in the future. The current court is the most pro-religion of any court in nearly 70 years, according to statistics compiled for an upcoming article in The Supreme Court Review, written by law professors Lee Epstein of Washington University, St. Louis, and Eric Posner of the University of Chicago. While the number of pro-religion outcomes edged up to 58% overall when William Rehnquist was chief justice (1986-2005), the rate has skyrocketed to over 86% in the years since then with John Roberts as chief justice and the court's composition growing steadily³¹ more conservative.

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

3 endorsement   

n.背书；赞成，认可，担保；签(注)，批注

参考例句：

• We are happy to give the product our full endorsement.我们很高兴给予该产品完全的认可。
• His presidential campaign won endorsement from several celebrities.他参加总统竞选得到一些社会名流的支持。

4 improperly   

不正确地，不适当地

参考例句：

• Of course it was acting improperly. 这样做就是不对嘛！
• He is trying to improperly influence a witness. 他在试图误导证人。

5 coerced   

v.迫使做( coerce的过去式和过去分词 )；强迫；（以武力、惩罚、威胁等手段）控制；支配

参考例句：

• They were coerced into negotiating a settlement. 他们被迫通过谈判解决。
• He was coerced into making a confession. 他被迫招供。 来自《简明英汉词典》

6 hostility   

n.敌对，敌意；抵制［pl.］交战，战争

参考例句：

• There is open hostility between the two leaders.两位领导人表现出公开的敌意。
• His hostility to your plan is well known.他对你的计划所持的敌意是众所周知的。

7 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

8 entity   

n.实体，独立存在体，实际存在物

参考例句：

• The country is no longer one political entity.这个国家不再是一个统一的政治实体了。
• As a separate legal entity,the corporation must pay taxes.作为一个独立的法律实体，公司必须纳税。

9 secular   

n.牧师，凡人；adj.世俗的，现世的，不朽的

参考例句：

• We live in an increasingly secular society.我们生活在一个日益非宗教的社会。
• Britain is a plural society in which the secular predominates.英国是个世俗主导的多元社会。

10 mandates   

托管（mandate的第三人称单数形式）

参考例句：

• Individual mandates would require all people to purchase health insurance. 个人托管要求所有人都要购买健康保险。
• While I agree with those benefits, I'm not a supporter of mandates. 我同意上述好处，我不是授权软件的支持者。

11 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

12 dissenters   

n.持异议者，持不同意见者( dissenter的名词复数 )

参考例句：

• He attacked the indulgence shown to religious dissenters. 他抨击对宗教上持不同政见者表现出的宽容。 来自《简明英汉词典》
• (The dissenters would have allowed even more leeway to the Secretary.) （持异议者还会给行政长官留有更多的余地。） 来自英汉非文学 - 行政法

13 benign   

adj.善良的，慈祥的；良性的，无危险的

参考例句：

• The benign weather brought North America a bumper crop.温和的气候给北美带来大丰收。
• Martha is a benign old lady.玛莎是个仁慈的老妇人。

14 pointed   

adj.尖的，直截了当的

参考例句：

• He gave me a very sharp pointed pencil.他给我一支削得非常尖的铅笔。
• She wished to show Mrs.John Dashwood by this pointed invitation to her brother.她想通过对达茨伍德夫人提出直截了当的邀请向她的哥哥表示出来。

15 entities   

实体对像； 实体，独立存在体，实际存在物( entity的名词复数 )

参考例句：

• Our newspaper and our printing business form separate corporate entities. 我们的报纸和印刷业形成相对独立的企业实体。
• The North American continent is made up of three great structural entities. 北美大陆是由三个构造单元组成的。

16 entanglement   

n.纠缠，牵累

参考例句：

• This entanglement made Carrie anxious for a change of some sort.这种纠葛弄得嘉莉急于改变一下。
• There is some uncertainty about this entanglement with the city treasurer which you say exists.对于你所说的与市财政局长之间的纠葛,大家有些疑惑。

17 isolated   

adj.与世隔绝的

参考例句：

• His bad behaviour was just an isolated incident. 他的不良行为只是个别事件。
• Patients with the disease should be isolated. 这种病的患者应予以隔离。

18 precedents   

引用单元； 范例( precedent的名词复数 )； 先前出现的事例； 前例； 先例

参考例句：

• There is no lack of precedents in this connection. 不乏先例。
• He copied after bad precedents. 他仿效恶例。

19 administrators   

n.管理者( administrator的名词复数 )；有管理（或行政）才能的人；（由遗嘱检验法庭指定的）遗产管理人；奉派暂管主教教区的牧师

参考例句：

• He had administrators under him but took the crucial decisions himself. 他手下有管理人员，但重要的决策仍由他自己来做。 来自辞典例句
• Administrators have their own methods of social intercourse. 办行政的人有他们的社交方式。 来自汉英文学 - 围城

20 marine   

adj.海的；海生的；航海的；海事的；n.水兵

参考例句：

• Marine creatures are those which live in the sea. 海洋生物是生存在海里的生物。
• When the war broke out,he volunteered for the Marine Corps.战争爆发时，他自愿参加了海军陆战队。

21 celebrity   

n.名人，名流；著名，名声，名望

参考例句：

• Tom found himself something of a celebrity. 汤姆意识到自己已小有名气了。
• He haunted famous men, hoping to get celebrity for himself. 他常和名人在一起, 希望借此使自己获得名气。

22 demonstration   

n.表明，示范，论证，示威

参考例句：

• His new book is a demonstration of his patriotism.他写的新书是他的爱国精神的证明。
• He gave a demonstration of the new technique then and there.他当场表演了这种新的操作方法。

23 endorsing   

v.赞同( endorse的现在分词 )；在（尤指支票的）背面签字；在（文件的）背面写评论；在广告上说本人使用并赞同某产品

参考例句：

• Yet Communist leaders are also publicly endorsing religion in an unprecedented way. 不过，共产党领导层对宗教信仰的公开认可也是以前不曾有过的。 来自互联网
• Connecticut Independent Senator Joseph Lieberman is endorsing Republican Senator John McCain. 康涅狄格州独立派参议员约瑟夫。列波曼将会票选共和议员约翰。麦凯恩。 来自互联网

24 superintendent   

n.监督人，主管，总监；(英国)警务长

参考例句：

• He was soon promoted to the post of superintendent of Foreign Trade.他很快就被擢升为对外贸易总监。
• He decided to call the superintendent of the building.他决定给楼房管理员打电话。

25 administrative   

adj.行政的，管理的

参考例句：

• The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
• He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

26 abide   

vi.遵守；坚持；vt.忍受

参考例句：

• You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
• If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

27 explicitly   

ad.明确地，显然地

参考例句：

• The plan does not explicitly endorse the private ownership of land. 该计划没有明确地支持土地私有制。
• SARA amended section 113 to provide explicitly for a right to contribution. 《最高基金修正与再授权法案》修正了第123条，清楚地规定了分配权。 来自英汉非文学 - 环境法 - 环境法

28 Christian   

adj.基督教徒的；n.基督教徒

参考例句：

• They always addressed each other by their Christian name.他们总是以教名互相称呼。
• His mother is a sincere Christian.他母亲是个虔诚的基督教徒。

29 intersection   

n.交集，十字路口，交叉点；[计算机] 交集

参考例句：

• There is a stop sign at an intersection.在交叉路口处有停车标志。
• Bridges are used to avoid the intersection of a railway and a highway.桥用来避免铁路和公路直接交叉。

30 suburban   

adj.城郊的，在郊区的

参考例句：

• Suburban shopping centers were springing up all over America. 效区的商业中心在美国如雨后春笋般地兴起。
• There's a lot of good things about suburban living.郊区生活是有许多优点。

31 steadily   

adv.稳定地；不变地；持续地

参考例句：

• The scope of man's use of natural resources will steadily grow.人类利用自然资源的广度将日益扩大。
• Our educational reform was steadily led onto the correct path.我们的教学改革慢慢上轨道了。