New York, USA - A New Jersey high school football coach has won his legal fight to take part in pregame prayer Judge Dennis Cavanaugh of the United States District Court for New Jersey ruled Tuesday that Marcus Borden, the coach at East Brunswick High School, can bow his head and bend down on one knee during student-led prayers. Last fall, he had been barred from doing so by the East Brunswick Board of Education, which contended that Borden’s actions were illegal because he is a public employee.
Asserting that his constitutional rights were being violated, Borden sued, starting a court battle that involved church-state issues.
Cavanaugh ruled that Borden’s pregame actions were not the same as praying. “Tradition plays a part, and the overall actions and responsibilities of a football coach should be considered,” Cavanaugh said, according to The Associated Press. “For the coach, who is looked at as the glue to hold all of this together and foster team spirit, to not be allowed to participate in these traditions — even in the passive way — just doesn’t seem right.”
In his suit, Borden asked to be permitted to bow his head and bend a knee while players took part in a voluntary prayer, something he said had been a part of East Brunswick High School football since before he was named head coach 23 years ago.
“The judge granted all of the relief that we requested,” said Borden’s lawyer, Ron Riccio. “We didn’t ask for more than we needed. What the decision does is give some content to the meaning of a coach participating with his players in team prayer. Before this decision, no one was quite sure what you could do. Judge Cavanaugh made it clear that coaches can show their respect for the team if the team wants to say a prayer.”
Because Borden was not seeking permission from the court to lead the team in prayer — something he had done in the past — the ruling did not resolve the issue of whether a teacher or coach can conduct prayer sessions.
After being told he could not take part in pregame prayer, Borden, who led the team to a state championship two years ago, quit as football coach. He later rescinded his resignation and abided by the school district’s ruling forbidding him from participating in the prayer while his case was pending.
“He’s elated,” Riccio said. “What’s happening is that a lot of football coaches in New Jersey are congratulating him for taking a stand. Last year, when the whole controversy erupted, a lot of schools clamped down on what coaches could do. That’s now been washed away.”
Efforts yesterday to reach Borden, who is also a Spanish teacher at the high school, were unsuccessful.
The East Brunswick Board of Education issued a statement saying it was “pleased to get direction from the court as to what Mr. Borden could and could not do.”
Many of Borden’s friends and supporters voiced approval of the ruling. Les Steckel, the president of the Fellowship of Christian Athletes, said the decision “championed the freedom for coaches to be positive role models to their athletes by modeling their faith.”
Nancy Halupka, the president of the East Brunswick team’s booster club and the mother of a current player, said: “I have always supported Coach Borden’s stand, and I am very happy with the decision the coach made. I agree with his outlook, that it’s back to the business of coaching football and being a teacher.”
The East Brunswick football team will begin practice Aug. 14 for the coming season.