Borden v. School District of the Township of East Brunswick

Last modified 2011.09.15


  • Status Closed
  • Type Counsel
  • Court U.S. Court of Appeals
  • Issues Government-Supported Religion, Schools and Learning, Teaching Religion in Public Schools, The Rights of Religious Minorities

For years, East Brunswick High School football coach Marcus Borden led his team in prayers before games. After school district officials instructed him to stop doing so, he filed a lawsuit against the school district in federal court in New Jersey. He stopped leading the prayers, but he instructed the team captains to set up a voting system for the team prayer and joined in the players’ prayers.

In July 2006, the trial court ruled that the school district had violated Borden’s First Amendment rights by ordering him to refrain from participating in team prayers. The school district appealed to the U.S. Court of Appeals for the Third Circuit and asked us to present the appeal on its behalf. Then-Assistant Legal Director Richard B. Katskee argued the case in October 2007.

Read our opening brief and reply brief to the Court of Appeals.

In April 2008, the Third Circuit issued its opinion, which unanimously reversed the trial court and ruled for the school district. The appeals court not only rejected Borden’s arguments that he had a First Amendment right to lead or join his students in prayer, but also concluded that his conduct violated the Establishment Clause.

Borden then sought review from the U.S. Supreme Court. We opposed that request. The Supreme Court denied Borden’s petition in March 2009, thus preserving our victory on the school district’s behalf.

BREAKING NEWS

Americans United & the National Women’s Law Center file suit to challenge Missouri’s abortion bans.

Abortion bans violate the separation of church and state. Americans United and the National Women’s Law Center—the leading experts in religious freedom and gender justice—have joined forces with thirteen clergy from six faith traditions to challenge Missouri’s abortion bans as unconstitutionally imposing one narrow religious doctrine on everyone.


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