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Kennedy vs.

Bremerton School District


Case Analysis

The issue of the case is whether or not the Free Exercise and Free Speech Clauses of the First
Amendment was violated by prohibiting Mr. Kennedy from engaging in religious activities during and
after school activity as it violates the Engagement Clause.

According to the First Amendment Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof.

Thus, no one is allowed to prohibits someone in exercising their religious activities. Mr. Kenny did not
violate any of the engagement clause as the prayer with the student is not mandatory. Every student has
discretion whether they will join or not. Therefore, there was no conflict between the Engagement
Clause and the First Amendment. Doing prayer is not inimical to the students nor will bring harm to
them. Forbidding Mr. Kennedy to do his prayer even after games burdens his free exercise of his religious
belief which is in violation of his rights. The school action was an intentional attack directly against the
religious freedom. Religious instructions like offering prayers with students may have a good result as it
promotes moral values to the students which are good in their social, emotional and spiritual being.

Wherefore, prohibiting Mr. Kennedy from offering prayers will be a violation of his Religious Freedom
and Free Exercise thereof.

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