Team Prayer in Sports: Why an Action-Based Inquiry into a Coach’s Conduct Should Prevent Courts from Following Borden’s Confusion About the Reasonable Observer

Abstract

Borden v. School District of the Township of East Brunswick, a 2008 Third Circuit case, provides the latest major appellate opinion on coach involvement in team prayer. The Third Circuit concluded that a coach’s actions with respect to team prayer must be evaluated in light of the coach’s history of involvement with religious practices. This comment attempts to explain that a judicially created reasonable viewer in Establishment Clause cases dealing with team prayer should only take account of a coach’s actions and not of his history. Part II of this comment will explain the relevant Supreme Court precedents regarding prayer in public schools. Part III will closely dissect two major federal circuit decisions addressing coach involvement in team prayer – the Fifth Circuit’s opinion in Doe v. Duncanville and the Third Circuit’s opinion in Borden. Part IV will explain why Judge McKee’s concurring opinion in Borden captures the appropriate method for courts to adopt when reviewing similar cases. Further, Part IV will discuss why Judge McKee’s approach will remove potential barriers for students and parents to confidently bring forth constitutional claims against their school district, when they otherwise would not have.