East Brunswick High School - Football Coach Prayer Controversy

Football Coach Prayer Controversy

On October 7, 2005, shortly after being informed by Superintendent of Schools Jo Ann Magistro that he would not be permitted to join his football team in prayer as he had done in the past and that some parents had complained about the prayers, East Brunswick High School coach Marcus Borden resigned from his position. Borden, also a Spanish teacher, had by then had a 23-year career with East Brunswick Public Schools. District spokeswoman Trish LaDuca told the East Brunswick newspaper Home News Tribune that a "representative of the school district cannot constitutionally initiate prayer, encourage it or lead it." Following Borden's resignation, nearly 100 players, parents, and coaches arrived at his house pleading for his return. Borden agreed and received pro bono legal representation the next week. He filed a lawsuit against the district on November 23 that year alleging that it was violating his constitutional rights; lawyer Ronald Riccio represented Borden.

Judge Dennis M. Cavanaugh of the United States District Court for the District of New Jersey ruled on July 26, 2006, that Borden could bow his head and bend his knee if the team captains (i.e., students) lead the players in prayer. However, this decision was overturned on April 15, 2008 by a unanimous decision in the United States Court of Appeals for the Third Circuit, in which Judge D. Michael Fisher concluded that "a reasonable observer would conclude that he is continuing to endorse religion when he bows his head during the pre-meal grace and takes a knee with his team in the locker room while they pray."

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