Philadelphia, USA - A U.S. appeals court heard arguments on Wednesday over whether a high school football coach broke the law in a case involving a pregame ritual that is expected to be closely watched by schools and colleges.
Lawyers for the East Brunswick, New Jersey, school district said coach Marcus Borden violated the U.S. Constitution's ban on teaching religion in public schools by leading his players in pregame head-bowing and kneeling.
But Borden's lawyers argued he had not led his players in prayer, and any religious content to the ritual -- which had taken place over his 23 years as a coach at East Brunswick High School -- was initiated by the players in accordance with their constitutional rights.
The case is before the U.S. Court of Appeals for the Third Circuit and follows a lower court decision in favor of Borden. He has filed his own suit challenging the constitutionality of the school district's policy.
The lower court ruled that his actions were not religious.
Barry Lynn of Americans United for Separation of Church and State, a group that argued for the school district, said in an interview that nearly all such cases are settled out of court when the parties are informed that such religious content is banned in public schools.
The ruling, which is not expected for months, is likely to guide schools and colleges elsewhere, Lynn said.
According to the American Football Coaches Association, at least 80 percent of high school and college football teams have student-led prayer before games, court documents from Borden's lawyers say.
Richard Katskee, a lawyer for Americans United, told the court's three-judge panel that Borden's actions amounted to an endorsement of religion under the constitutional separation of church and state.
"There is no question that Borden was leading the prayer," Katskee said.
Judge D. Michael Fisher cast doubt on whether Borden's role in pregame rituals amounted to the promotion of religion.
"I don't see how either bowing the head or taking the knee constitutes participation," Fisher told the court.
Ronald Riccio, Borden's attorney, urged the court to dismiss the case because there was no evidence that his client had promoted religion in his actions with the team.
"History and practice supports the conclusion that there was no endorsement of religion," Riccio said.