Every year since 2012 Palm Coast United Methodist Church hosts “Football Sunday”services in late August, an event coinciding with the beginning of the school year and the annual “potato bowl” matching up Flagler Palm Coast High School’s and Matanzas High School’s football teams. Both teams, their coaches, cheerleaders and bands are invited and, at times encouraged by school officials, most team members show up. But so do members of other regional teams, as was the case with the attendance of the Bethune-Cookman University football team this year.
“Football Sunday” is a set of religious services, with prayers, music, singing and worship, led this year by Pastor Kevin James Sr., but also featuring the participation of the likes of James Tager, the superintendent, and the principals of the two high schools–Tom Russell and Jeff Reaves. (James somehow had access to the field during the “potato bowl,” raising other pastors’ eyebrows over the special treatment.)
Those services took place two days before a pastor opened a Flagler County School Board meeting with a prayer for the first time since the early 1970s, triggering a months-long controversy that the school board put to rest just two weeks ago, when a majority of board members decided to stick with current custom–no prayers at school board meetings–to avoid any possibility of causing further controversy.
That was not the end of the school board’s challenges over religious issues. On Nov. 19, the Freedom From Religion Foundation, the Madison, Wis.-cased national non-profit that advocates for the separation of church and state, issued a letter to Flagler School Board Attorney Kristy Gavin calling the district’s participation in “Football Sunday” a “serious constitutional violation.”
“It is illegal for school administrators and coaches to organize or participate in religious activities with their students, including team visits to a church for a religious sermon,” the foundation’s Christopher Line, a staff attorney, wrote Gavin after quoting FPC head football coach Travis Roland speaking of his role inviting students to the event: “I was raised in a Christian household and we can’t preach religion in high school,” Roland was quoted as saying in a News-Journal article, “but this opportunity to invite them to come to church gives them the opportunity to hear the word. As a Christian man, I’ve done my job by at least giving them the open invitation.”
“School officials may not use their position as public school employees to give religious leaders unique access to students,” Line continued. “We request written assurances that the District will take appropriate corrective action to remedy this serious constitutional violation.” It is illegal for a public school to organize, sponsor, or lead religious activities, including at public high school athletic events, the letter continues, citing numerous court cases, two of them federal cases prohibiting the participation of coaches in their students’ religious activities. The difference between those cases and “Football Sunday,” however, was that the coaches in the federal cases were conducting their religious activities during school-sanctioned activities. “Football Sunday” is not associated with the school district, though its participants are overwhelmingly school district students and employees. Roland’s invitation to students could not be separated from his role as their coach.
The district responded to the foundation’s letter with a statement today, issued by spokesman Jason Wheeler, that claimed the foundation “paint a less-than-complete picture.”
“[N]o one from Flagler Schools, from administrators to students, is required or forced to attend. A simple invitation is extended to both high school’s football teams, cheer squads, and bands,” the statement said. “The schools do not organize transportation to or from the service in question. No one is pressured to attend and extra benefits are not extended to those who attend, nor is anyone criticized if they choose not to attend. It should also be noted that Palm Coast United Methodist Church is one of the largest Protestant congregations in Flagler County and as such, many of our administrators, teachers, and students regularly attend this church.” Tager is a member of that church.
The statement does not address Roland’s type of involvement, nor does it address the fact that district employees, including Tager and coaches, play active roles at the worship service, in front of their students. “We do agree with the FFRF,” the district’s statement went on, referring to the foundation, “that this should be discontinued if the Flagler Schools students and employees were forced to attend or if it was organized by the District or the schools involved. That is simply not the case here. Flagler Schools respects the rights of everyone to worship as they see fit and to NOT worship if that is their choice.”
The statement sought to make a distinction between school-sponsored religious events, which “Football Sunday” clearly is not, and events where school personnel participate with students, at times in leading roles, in religious events off campus and without district sponsorship, which “Football Sunday” clearly is. But court cases have addressed that distinction as well: “Even if coaches and staff aren’t forcing students to attend a church service, ‘[a] school risks violation of the Establishment Clause if any of its teachers’ activities gives the impression that the school endorses religion.'” the foundation contends in its letter, citing a 1999 case.
That case’s parallels with “Football Sunday” appear tenuous, however: it was centered on a teacher who used religion as part of his instructional program and refused to follow school district directives to stop doing so even after being disciplined: the teacher went on to present religious-based themes to autistic children. The case more relevant to “Football Sunday” was, however, cited in that 1999 opinion: “whether he is in the classroom or outside of it during contract time, [a public school teacher] is not just any ordinary citizen. He is a teacher…. He is clothed with the mantle of one who imparts knowledge and wisdom. His expressions of opinion are all the more believable because he is a teacher. The likelihood of high school students equating his views with those of the school is substantial.”
The foundation’s letter addressed that perception–which the school district’s statement did not: “The promotion of religious views by school staff turns any non-believing and non-Christian students into outsiders at their own school. This is especially problematic in the context of athletics, given the pressure players feel to conform to coaches’ expectations so as to not lose favor with the coaches or hurt their playing time.”
The foundation requested that the Flagler district investigate and take action to address its concerns, instructing Tager and other leaders and school employees involved in “Football Sunday” “they may not organize, promote, or participate in religious activities with students while acting in their capacity as school officials.” The foundation is awaiting a written reply. The school board and Gavin were in a retreat this morning, and the district did not immediately respond regarding whether its response to the foundation had been issued. Letters of the sort are often precursors to legal action when matters under challenge are not addressed.
“Football Sunday” is not the only religious event that annually involves students and staff on a large scale at a particular church. Santa Maria del Mar, the Catholic church, annually organizes a “Baccalaureate” service at the Flagler Beach church. In what appears to be a clear violation of law, Flagler Palm Coast High School’s Facebook page not only advertised the event, but directed students as to how to dress, establishing a direct connection between the event and the district and making the district’s authority explicit: “Seniors are to wear their Cap and Gown, as well as any medallions and honor cords, to this event.” Nowhere in the announcement, which was repeated twice in one week, does it state that the event is voluntary, and it linked back to the district’s school web page.
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Enough is Enough says
These “nose-body” people are in Wisconsin, why don’t they worry about something closer to them or do something more useful with their lives instead of trying to remove God from everyone else’s
Parrish says
Hi, “Enough is Enough”: The FFRF does not initiate complaints on their own. They only respond to complaints that are presented to them, and then only to complaints from people who have “standing”. The fact that the FFRF has contacted Flagler Palm Coast High School about this matter means that someone in the Flagler Palm Coast community has contacted the FFRF with a complaint.
erobot says
Teams were invited to attend, not commanded to participate. I am second to none in my belief that the state sponsor no religion, but neither do I believe it should be prohibited from being a part of the community.
Julia says
Well said!
Parrish says
Hi, erobot: There’s a fair amount of case law on this that you may not be aware of. Some such law is cited and explained in the FFRF’s letter. Reading legal opinion can be a bit of a “slog”, but I suggest you read the FFRF’s letter in full.
Born and Raised Here says
A lot has changed since I was in High School here in Flagler County, and playing sports. We use to have prayer in the locker room led by a local pastor, before our game. Also the Lords Prayer was said over the loud speaker to all attending the game prior to the start of every game.
Fran says
Yes, and I was sent to the principal’s office because my Rabbi said I should not recite theLord’s prayer. Those were the good old days. Thank you, FFRF.
Eric says
Amen
George T says
A violation of national law would be pertinent to The FFRF as they are US citizens who value their religious rights.
For further details, read about Engel v Vitale, Wallace v Jaffree, and Abington v Schempp.
Also, search for “Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools” on the Ed.Gov website. Read the “Teachers, Administrators, and other School Employees” subsection.
Fuggetaboutit says
So glad that groups like “Freedom from Religion Foundation” are around to protect our youth from the moral corruption of “Football Sunday”. I only hope that the students and athletes that have participated previously can erase the memories and start to recover from the horrible effects of good people doing nice things for them.
oh yeah, someone should be sued too!
Dave says
What horrible violation by the schools , and to think these are the people we pay to teach and watch after our children and here they are trying to poison and corrupt there young minds threw devious ways and trickery.
The school employees involved in this religious ploy along with the church should be punished.
No child should have to deal with what these religious units are putting them through.
Annoyed says
At least someone cares enough to help guid them and give them options in life. Some parents don’t care what their kids are doing…..I see it all the time these kids are out drinking and doing drugs and being nothing but a disturbance. But when someone offers an invite people like you call it poisoning their minds. There are not elementary age children. We want our kids to have options in life weather it be religion school career if they are never given options how do they know what’s out there for them? Why close off any opportunity given, it is their choice.
Dave says
You know a little bit of psychedelics/hallucinogens wouldn’t hurt if its spirituality you want the students to find. As a matter of fact that’s the way alot of people are searching their souls these days. So kids “out doing drugs” may seem like a bad path but others my view it as getting closer to god.
oldtimer says
Did everyone objecting read that this is VOLUNTARY?
George T says
Yes. Please better inform yourself regarding these issues. Try reading the court decisions from Abington v Schempp, Engel v Vitale, and Wallace v Jaffree to start.
Palm coast parent says
This is absolutely ridiculous!!! The invitations were made but nowhere, were the children told that they were mandated to attend. My child in fact is one who chose not to attend she was not penalize and nothing was said to her either way. The same as these “snowflake” parents always want to complain maybe we should raise our children to make their own choices. We should not be so quick to knock everything down cause it may not match with our beliefs. We are killing the future for our children and raising them to be closed minded and easily offended by the world. I personally appreciate any teacher who would be willing to be a positive influence in my child’s life. Our children may never have been extended an offer or felt welcome somewhere, what is so wrong with giving them options? I pity the world if we continue this “snowflake mentality ”. I don’t want my child to grow up and need to take a day off from school because he/she doesn’t like the president elected or someone of another race/religions invitation offends her. So thank you to the staff and high school for offering the opportunity weather my child decides to take it up or not.
Mike Cocchiola says
I think some here are missing the point. Yes, this is “voluntary”, but when you get coaches, teachers and the superintendent attending there is an implicit endorsement of a particular religion. That is wrong. And there is also implied pressure on players to attend or be singled out by their absence. That is equally wrong.
No matter the perceived benefits of religion – any religion – it must be kept in its proper place(s)… not in schools or government.
Outsider says
Which is exactly why the event was held AT A CHURCH. “Congress shall make no law respecting establishment of religion, or prohibiting the free exercise thereof….” Based on the article, I don’t see where congress made a law establishing religion; however, the organization is attempting to restrict the free exercise by the school officials. You can cite case law, which interestingly enough took 200 years to make the argument against school prayer and the like, but nowhere in the First Amendment, and I bet the Founding Fathers’ words was it ever intended to mean you had to hang your religious hat at the door when you got a government job, or worse yet, take away the last hope for many poor kids, maybe from broken families, to experience a beneficial coach/athlete mentorship. And all so you can say to yourself, “We won.” Did you really? Is it worth it?
George T says
The school organizing the church event or even pointing children towards the church is a form of participation and endorsement of a religious activity, which is a violation of The Establishment Clause.
Speaking of, your quoting of the clause shows that you’re ignoring or not aware of later amendments modifying The 1st Amendment. Specifically, The 14th Amendment modifies the scope and application of The Establishment Clause to apply it to state level government as well. Even without that, our government has no religious right to show preference or favor for a religion. Only citizens have religious rights. When a citizen agrees to act on behalf of our government they also agree to these limitations that bind our government regarding religion.
Hope this helps you to better understand this situation (^_^)
Parrish says
I have never seen this concept more clearly elucidated. Well said. Thank you!
Outsider says
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Yes, basically it prohibits states from undoing the “privileges or immunities” provided in the first amendment, i.e. a state or any other government from establishing religion, but also prohibits interfering with the free exercise thereof. Again, the state didn’t make a law establishing a religion, and based on the fact that the founders interlaced God throughout their writings and meetings clearly show they never intended people to become aetheists once they took a job in government. Case law notwithstanding, I will never support tearing down an effort to improve the lives of our kids, whether it be through a church, or PAL, or any other well-meaning program that benefits them, particularly dis-advantaged ones. I hear rap “music” that the kids are listening to today, where guns, murder, and money obtained through any means are glorified, women are referred to as “hos and bitches,” and the n word, m-f’r, and every other imaginable term are liberally spouted out, and I never hear a word of protest. Yet, an organization tries to do something wholesome and good, with the assistance of some heroic school officials, and you and your ilk try to shut it down. Is it really any wonder kids kill other kids, have no respect for anyone, and many end up in prison or dead? This is what these anti-religion groups are advocating, again, all to prove that they are “right.” Society, and our children, are paying the price.
George T says
Using government authority to impose on the religious rights of others is not well meaning or respectful of the government trust they’ve agreed to as a condition of their school employment. I’m sorry to see that your civics teachers have failed to educate you regarding the limits of rights and how people can agree to limitations based on arrangements such as employment. I hope you correct your skewed understanding before you risk imposing upon or violating the rights of others based on your erroneous understanding.
P.S. You should read my last comment. Obviously you didn’t. That, or you failed to comprehend what I said.
Outsider says
No one is imposing their authority on others’ religious rights; the officials did not require attendance, and one student who did not attend said there were absolutely no repercussions. The students were free to go or not to go. The students seeing or participating in a religious sponsored activity outside of school with school officials, who are in fact citizens exercising their right to religious freedom does not constitute endorsement of religion by the school. Sorry, I fail to see how the public school system, which seems fine with having a trans-sexual cross dresser sitting spread eagle in front of fifth graders at story time, and demonstrating how to put a condom on a banana can honestly say that students playing football at a church sponsored event is going to do them irreparable harm.
George T says
The school endorsing a religious event (advertising it to students) is itself an Establishment Clause conflict. Then the school, being a point of authority to the students, is by extension influencing them via this endorsement and government granted authority.
You can continue to close your eyes to this violation of constitutional law if you wish. It’s your un-American mistake to make.
“Religion & Govt. will both exist in greater purity, the less they are mixed together.” – James Madison
Leigh Abraham says
The last gasps of fading iron-age Middle-Eastern mythology are illustrated by the continual, almost panicky proselytizing it must do to prevent an even faster decline in members. Recruiting schools to assist with this effort is a fairly pathetic but understandable reaction to this issue.