Kennedy v. Bremerton School District
The Court held, 6–3, that the government, while following the Establishment Clause, may not suppress an individual from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment.
142 S. Ct. 2407 · No. 21-418 · 2021 term · Roberts Court
Decided Jun 27, 2022 · argued Apr 25, 2022
First Amendment · Establishment of religion
Landmark · Freedom of religionOverruled precedentStruck down a local ordinance
Majority opinion: Neil Gorsuch
The voteMajorityDissent
6–36 in the majority, 3 in dissent
3 dissents (6–3)
Reversed. Kennedy won.
What this ruling means
Reversed: the Supreme Court overturned the decision of the U.S. Court of Appeals, Ninth Circuit, and its own ruling ends the case.
Kennedy was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.
From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.
Summary
The opening of the case’s Wikipedia article: what the case was about and what the Court held.
Kennedy v. Bremerton School District, 597 U.S. 507 (2022), is a landmark decision by the United States Supreme Court in which the Court held, 6–3, that the government, while following the Establishment Clause, may not suppress an individual from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment.
The case involved Joseph Kennedy, a high school football coach in the public school system of Bremerton, Washington. Kennedy had taken the practice of praying at the middle of the field immediately after each game. The players and others soon joined the practice. The school board were concerned the practice would be seen as violating the Establishment Clause separating church and state. They attempted to negotiate with Kennedy to pray elsewhere or at a later time, but Kennedy continued the practice. His contract was not renewed, leading Kennedy to sue the board. Lower Courts, including the Ninth Circuit, ruled in favor of the school board and their argument regarding the Establishment Clause.
The majority opinion from the Supreme Court held that the Establishment Clause does not allow a government body to take a hostile view of religion in considering personal rights under the Free Speech and Free Exercise Clauses, and that the board acted improperly in not renewing Kennedy's contract. The decision all but overruled Lemon v. Kurtzman (1971) and abandoned the "Lemon test", which had been used to evaluate government actions within the scope of the Establishment Clause but had been falling out of favor for decades prior.
Data notes
The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.
How the justices voted
Each justice who took part, placed by their Martin–Quinn ideology score for the 2021 term. Filled: the 6 in the majority. Hollow: the 3 in dissent. Colour is the party of the president who appointed them.
Majority(6)
Neil GorsuchWrote the majority opinion
Samuel AlitoWrote a concurrence
Clarence ThomasWrote a concurrence
John RobertsJoined the majority
Brett KavanaughJoined the majority
Amy BarrettJoined the majority
Dissent(3)
Sonia SotomayorWrote a dissent
Stephen BreyerJoined a dissent
Elena KaganJoined a dissent
Data notes
Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.
Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.
The parties
Who brought the case to the Court, who answered it, and how it got there.
- Petitioner
- KennedyGovernmental employee or job applicant (Washington)
- Respondent
- Bremerton School DistrictLocal school district or board of education (Washington)
- Reached the Court by
- Certiorari (the Court chose to hear it)
Data notes
The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.
The law at issue
The law the Court was asked to apply, and the kind of power it used to decide.
- Provision
- First Amendment (establishment of religion)
- Kind of law
- Constitutional Amendment
- Decided by
- Judicial review (state level)
- Struck down
- A local ordinance, as unconstitutional
- Precedent
- The Court overruled one of its own earlier decisions.
Data notes
The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.
Timeline
What happened at the Court and how the case got there, newest first.
- Jun 27, 2022DecidedDecided · Decided 6–3: reversed. Kennedy won.
- Apr 25, 2022ArguedArgued · Oral argument before the Court.
- Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari).
- Not datedCourt belowCourt below · Decided by the U.S. Court of Appeals, Ninth Circuit: affirmed, with a dissent.
- Not datedBeganBegan · The case began in the Washington Western U.S. District Court.
Data notes
From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.
Other decisions on the same issue
32 other argued cases since 1946 on establishment of religion, newest first.
- Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission605 U.S. 238Jun 5, 2025 · 605 U.S. 238First Amendment9–0Unanimous band
- American Legion v. American Humanist AssociationLandmark · Freedom of religion139 S. Ct. 2067Jun 20, 2019 · 139 S. Ct. 2067First AmendmentLandmark · Freedom of religion7–27–2 band
- Town of Greece v. GallowayLandmark · Freedom of religion572 U.S. 565May 5, 2014 · 572 U.S. 565First AmendmentLandmark · Freedom of religion5–45–4 band
- Ken L. Salazar, Secretary of the Interior, et al. v. Frank Buono559 U.S. 700Apr 28, 2010 · 559 U.S. 700First Amendment5–45–4 band
- McCreary County, Kentucky, et al. v. American Civil Liberties Union of Kentucky et al.545 U.S. 844Jun 27, 2005 · 545 U.S. 844First Amendment5–45–4 band
- Thomas Van Orden v. Rick Perry, in His Official Capacity As Governor of Texas and Chairman, State Preservation Board, et al.545 U.S. 677Jun 27, 2005 · 545 U.S. 677First Amendment5–45–4 band
- Jon B. Cutter, et al. v. Reginald Wilkinson, Director, Ohio Department of Rehabilitation and Correction, et al.544 U.S. 709May 31, 2005 · 544 U.S. 709First Amendment9–0Unanimous band
- Good News Club, et al. v. Milford Central School533 U.S. 98Jun 11, 2001 · 533 U.S. 98First Amendment6–36–3 band
- Santa Fe Independent School District v. Jane Doe, Individually and As Next Friend for Her Minor Children, Jane and John Doe, et al.Landmark · Freedom of religion530 U.S. 290Jun 19, 2000 · 530 U.S. 290First AmendmentLandmark · Freedom of religion6–36–3 band
- Ronald W. Rosenberger, et al. v. Rector and Visitors of the University of Virginia et al.Landmark · Freedom of religion515 U.S. 819Jun 29, 1995 · 515 U.S. 819First AmendmentLandmark · Freedom of religion5–45–4 band
- Capitol Square Review and Advisory Board, et al. v. Vincent J. Pinette, Donnie A. Carr and Knights of the Ku Klux Klan515 U.S. 753Jun 29, 1995 · 515 U.S. 753First Amendment7–27–2 band
- Robert E. Lee, Individually and As Principal of Nathan Bishop Middle School, et al. v. Daniel Weisman etc.Landmark · Freedom of religion505 U.S. 577Jun 24, 1992 · 505 U.S. 577First AmendmentLandmark · Freedom of religion5–45–4 band
- County of Allegheny et al. v. American Civil Liberties Union, Greater Pittsburgh Chapter, et al.492 U.S. 573Jul 2, 1989 · 492 U.S. 573First Amendment5–45–4 band
- Texas Monthly, Inc. v. Bullock, Comptroller of Public Accounts of State of Texas, et al.489 U.S. 1Feb 21, 1989 · 489 U.S. 1First Amendment6–36–3 band
- Bowen, Secretary of Health and Human Services v. Kendrick et al.487 U.S. 589Jun 27, 1988 · 487 U.S. 589First Amendment5–45–4 band
- Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints et al. v. Amos et al.Landmark · Freedom of religion483 U.S. 327Jun 24, 1987 · 483 U.S. 327First AmendmentLandmark · Freedom of religion9–0Unanimous band
- Bender et al. v. Williamsport Area School District et al.475 U.S. 534Mar 25, 1986 · 475 U.S. 534First Amendment5–45–4 band
- Estate of Thornton et al. v. Caldor, Inc.472 U.S. 703Jun 26, 1985 · 472 U.S. 703First Amendment8–18–1 band
- Board of Trustees of the Village of Scarsdale, et al. v. Kathleen S. McCreary et al.471 U.S. 83Mar 27, 1985 · 471 U.S. 83First Amendment4–45–4 band
- Lynch, Mayor of Pawtucket, et al. v. Donnelly et al.465 U.S. 668Mar 5, 1984 · 465 U.S. 668First Amendment5–45–4 band
- Marsh, Nebraska State Treasurer, et al. v. ChambersLandmark · Freedom of religion463 U.S. 783Jul 5, 1983 · 463 U.S. 783First AmendmentLandmark · Freedom of religion6–36–3 band
- Larkin et al. v. Grendel's Den, Inc.459 U.S. 116Dec 13, 1982 · 459 U.S. 116First Amendment8–18–1 band
- Larson, Commissioner of Securities, Minnesota Department of Commerce, et al. v. Valente et al.456 U.S. 228Apr 21, 1982 · 456 U.S. 228First Amendment5–45–4 band
- Widmar et al. v. Vincent et al.454 U.S. 263Dec 8, 1981 · 454 U.S. 263First Amendment8–18–1 band
- Walz v. Tax Commission of the City of New York397 U.S. 664May 4, 1970 · 397 U.S. 664First Amendment7–18–1 band
- Epperson et al. v. ArkansasLandmark · Freedom of religion393 U.S. 97Nov 17, 1968 · 393 U.S. 97First AmendmentLandmark · Freedom of religion9–0Unanimous band
- School District of Abington Township, Pennsylvania, et al. v. Schempp et al.Landmark · Freedom of religion374 U.S. 203Jun 17, 1963 · 374 U.S. 203First AmendmentLandmark · Freedom of religion8–18–1 band
- Engel et al. v. Vitale et al.Landmark · Freedom of religion370 U.S. 421Jun 25, 1962 · 370 U.S. 421First AmendmentLandmark · Freedom of religion6–18–1 band
- Torcaso v. Watkins, ClerkLandmark367 U.S. 488Jun 19, 1961 · 367 U.S. 488First AmendmentLandmark9–0Unanimous band
- Two Guys From Harrison-Allentown, Inc., v. McGinley, District Attorney, Lehigh County, Pennsylvania, et al.366 U.S. 582May 29, 1961 · 366 U.S. 582First Amendment8–18–1 band
- McGowan et al. v. Maryland366 U.S. 420May 29, 1961 · 366 U.S. 420First Amendment8–18–1 band
- Everson v. Board of Education of the Township of Ewing et al.Landmark · Freedom of religion330 U.S. 1Feb 10, 1947 · 330 U.S. 1First AmendmentLandmark · Freedom of religion5–45–4 band
Data notes
Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.
Official record
Read the argument audio on Oyez and Wikipedia. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.