School system responds to FFRF
The Fannin County School System intends to meet with all Fannin County High School coaches to discuss issues related to the First Amendment after the Freedom From Religion Foundation (FFRF) contacted the system regarding Head Football Coach Chad Cheatham’s leading the team in prayer.
“Coach Cheatham’s conduct is unconstitutional because he endorses and promotes his religion when acting in his official capacity as a school district employee,” FFRF Staff Attorney Christopher Line said in a letter to Superintendent Dr. Michael Gwatney. “Certainly, he represents the school and the team when he acts in his official role as head coach of the Fannin High School football team. Therefore, he cannot lead his team in prayer, and he cannot organize or advocate for students to lead team prayer either. When a public school employee acting in an official capacity organizes and advocates for team prayer, he effectively endorses religion on the District’s behalf.”
FFRF’s letter referenced multiple court cases including Borden v. School District of the Township of East Brunswick, which decided in 2008 that a coach’s organization, participation and leading of prayers before football games unconstitutional.
“In Borden, the Third Circuit Court of Appeals held the high school football coach’s history of organizing, leading and participating in prayers before games was unconstitutional because it violated the Establishment Clause,” Line said. “In that case, the court stated that the coach’s involvement in the prayer by ‘taking a knee’ and ‘bowing his head’ during the prayers, even when student-led, ‘would lead a reasonable observer to conclude he was endorsing religion.’ … The court continued, ‘if while acting in their official capacities, [school district] employees join hands in a prayer circle or otherwise manifest approval and solidarity with the student religious exercises, they cross the line between respect for religion and the endorsement of religion.’
“The court in Borden also rejected the coach’s argument that the school district’s policy of prohibiting its employees from engaging in prayer with students violated the employees’ right to free speech. … In fact, the court found that the school district had a right to adopt guidelines restricting this activity because of its concern about potential Establishment Clause violations.”
Cory O. Kirby with Harben, Hartley & Hawkins, LLP, an attorney for the Fannin County School System, responded to FFRF’s letter, stating, “We appreciate your bringing concern to the District’s attention. The Superintendent has met with the high school principal, and a plan is in progress to meet with all coaches this week to discuss issues related to the First Amendment, including the Establishment and Free Exercise Clause. The District is confident that all of its schools make good faith efforts to fully comply with the requirements of the Constitution and protect the rights of all parties.”
FFRF’s letter specifically referenced a social media post from the Fannin County Football Team showing a video of Coach Cheatham leading the team in prayer during a “Postgame victory and prayer,” following the football team’s victory against Pepperell High School Friday, October 16.
Gwatney told The News Observer that the school system had not received any complaints regarding prayer prior to this.