Religion & American Law

Article: http://www.theglobaldispatch.com/freedom-from-religion-group-targets-ncaa-basketball-teams-for-having-chaplain-82735/

            Recently, the Freedom from Religion Foundation threatened to file lawsuits on a handful of public universities that have religious chaplains assigned to sports teams.  The list of schools includes some big names like Louisville, Wichita State, Kansas, Maryland, Oklahoma and Virginia.  Some schools openly fund a team chaplain while other universities use techniques to avoid suspicion of religious establishment.  Some schools try to give more secular meanings to these job titles.  For example, Virginia has a coach listed as the “Director of Player Development” who spoke later at Liberty University on the importance of people finding themselves through Jesus rather than perseverance and hard work.  In addition, Oklahoma has Scott Thompson listed as a Character Coach.  At first glance, this title might appear to mean a coach devoted to keeping team spirit high.  However, character coaches are associated with the religious organization  “Nations of Coaches” which has bible verses on its website and a whistle with a cross as its logo.  Wichita State also has a coach associated with the Nations of Coaches organization.  The head coach of the Louisville basketball team named his friend, who happens to be a priest, the team’s unofficial chaplain.  Kansas University has a chaplain who retired from the NBA to change the lives of athletes “with the message of Jesus Christ”.  The University of Maryland also openly employs a pastor as their chaplain.  He happens to be associated with the Nations of Coaches, too.

            In Virginia’s case, I believe the Freedom of Religion Foundation would need more evidence to support their case for an Establishment violation here.  Accusing the school of using a misleading job title to portray secular purposes might be true.  However, saying the coach spoke at another university on his belief of Jesus is not enough evidence to support any violation here.  I believe they must find inconclusive proof, such as forced team prayers, to have a case for an establishment violation here.  In addition, if the coach has all the necessary credentials, like the Kansas chaplain that quit the NBA, it would be even harder to prove any violation.  There is no law against hiring a coach with the necessary credentials and allowing him to speak his mind on religion matters.  However, Kansas listed this man as a chaplain. Therefore, I believe the Freedom from Religion Foundation would have a case here for an establishment violation because it is for the purpose of further aiding religion.  I believe they also have a case for a violation by Oklahoma as well as Wichita State, who both chose to use more secular job titles like Virginia did.  The reason these are better cases for establishment is because these coaches are listed as Character Coaches.  Although this title might seem facially secular, it is directly linked to the religious organization Nations of Coaches.  Therefore, the public university’s funds, which come from the hard work of people from all different religious and nonreligious backgrounds, shouldn’t cover the salaries for these coaches.  This is why the Freedom from Religion Foundation would also have a great case for an establishment violation against the University of Maryland.  Here is a case of a publicly funded university openly paying a pastor as their chaplain who happens to be associated with the Nations of Coaches, as well.  Finally, I do not think the Freedom of Religion Foundation would have a great case against Louisville.  Although he is a priest, it is unofficial because the school does not pay him.  I believe it is fine to have an unofficial team chaplain if some of the players and coaches enjoy having one to go to when they feel the need.  However, like I said about the Virginia case, any evidence of forced prayer or similar activity could bring lawsuits for violations of the Establishment and Free Exercise Clauses, whether this particular chaplain is officially connected to/paid by the school or not.  Any coach hired by a school must be there for the secular purpose of coaching basketball.