September 05, 2008
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Varsity football coach returns to his duties but considers lawsuit


Although Marcus Borden has returned to his head coaching duties of the East Brunswick High School (NJ) varsity football team and has agreed not to initiate or participate in team prayers, his attorney, Ronald J. Riccio says he is still considering whether to file a suit. Mr. Riccio says he was unable to persuade school board attorney Martin Pachman to allow Mr. Borden to stand and bow his head during student-initiated, student-led grace at team dinners and also permit the coach to "take a knee" during student-initiated, student-led pregame prayer in the locker room. Mr. Riccio sent a letter to Mr. Pachman that states Mr. Borden will adhere to school district guidelines that prohibit the coach from being present during any student-initiated prayer, but that the coach "couldn't disagree more with the directive." Mr. Pachman insists that the school district's policy banning school employees from participating in student-initiated, student-led prayer is in accordance with the U.S. Constitution and based on decisions from the U.S. Supreme Court and lower federal courts. Mr. Riccio counters, "The establishment clause certainly does not mean that Coach Borden, or any other high school football coach, forfeited his or her constitutionally protected liberty right to take a knee, bow a head, or close their eyes as a sign of respect during a solemn moment in the course of a brief nondenominational team prayer that is requested by the players, that is led by the team captain and that merely asks for God's blessings on friends and foes alike." As a result of the controversy at East Brunswick, school districts throughout New Jersey have restated their school-prayer guidelines, leading several veteran high school football coaches in the state to end their practice of leading or participating in team prayer.

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By Greg Tufaro
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[For resources on prayer and religion in schools, access the links below.]
[NSBA School Law pages on school prayer guidance]
[U.S. Department of Education guidelines on religion in schools]