I only got 2 pages in;
"The contested exercise here does not involve
leading prayers with the team; the District disciplined Mr. Kennedy
only for his decision to persist in praying quietly without his students
after three games in October 2015."
Isn't this what is said is being misconstrued, though? Lots of smart, reasonable people say that the conservative justices lied about the facts of the case. (The same justices who lied under oath about Roe.)
Yes, that's what people are saying but there hasn't been anything actually proven that he was literally coercing his players to pray. The people who say he was coercing the players to pray think that the act of him doing the praying itself constitutes coercion. Despite what dal thinks, I've read a lot about this case, even before the ruling and it has never been said, on the record, that this coach ever verbalized his intent to make the team pray with him or punished someone who didn't.
Again, of course he intended the players on joining him, but schools shouldn't be punishing and courts can't be ruling against inferences. You want to talk about a slippery slope, oooh boy.
like spracs said inferences are inextricably part of the legal system.
But even more to the point:
"For instance, Kennedy’s letter asserted that he had not invited anyone to pray with him; the District noted that that might be true of Kennedy’s September 17 prayer specifically, but that Kennedy had acknowledged inviting others to join him on many previous occasions." (dissent, p. 7). Are you saying that when a coach "invites" you to do something, there's no coercion involved?
"After the issues with Kennedy arose, several parents reached out to the District saying that their children had
participated in Kennedy’s prayers solely to avoid separating themselves from the rest of the team. No BHS students
appeared to pray on the field after Kennedy’s suspension." (dissent, p. 11)
"The District Court further found that players had reported "feeling compelled to join Kennedy in prayer to stay connected with the team or ensure playing time,” and that the “slow accumulation of players joining Kennedy suggests exactly the type of vulnerability to social pressure that makes the Establishment Clause vital in the high school context.” (dissent 12-13).
etc etc