Just how wacky, how unjust, how intellectually and morally perverse American judges have become can be seen in this bizarre case of the 3rd District Court of Appeal's recent decision that a high school coach cannot bow or take a knee when his team has a prayer.Here's a bit of columnist Home News Tribune Rick Malwitz's take on this sad story.
...Tuesday the court issued a bizarre ruling in the case involving East Brunswick High School football coach Marcus Borden. A lower court had ruled that Borden could not lead his team in prayer, but could be in the locker room during a student-led prayer. He could bow his head and take a knee.
The appeals court allowed how a coach could bow his head and take a knee, but not Borden.
"Without Borden's 23 years of organizing, participating and leading prayer with his team, this conclusion would not be so clear as it presently is," wrote Judge Michael D. Fischer.
The Judge continued, " . . . if a football coach, who had never engaged in prayer with his team, were to bow his head and take a knee while his team engaged in a moment of reflection or prayer, we would likely reach a different conclusion."
In other words a coach who often uses God's name in a different context — especially when a defensive back blows his assigned coverage — can bow his head. But not Borden, who had a disturbing and troubling habit of . . . praying.The way Borden's attorney Ronald Riccio interpreted the ruling, " . . . just about every other football coach in New Jersey can bow his head or take a knee with his team so long as he had never engaged in a prior practice of leading his team in prayer."
Shame on you, Marcus Borden, for your past behavior...
The convolutedness of the ruling is found in a concurring ruling by Judge Marianne Barry: "Defendants (the East Brunswick district) told the District Court that Borden can bow his head, but he cannot do "a pronounced bowing of the head.' What is "pronounced,' and who would decide that question? As defendants also told the District Court, "The district does not have thought police, and we certainly don't have bow police.' "
In the absence of bow police in East Brunswick, the 3rd Circuit assumed the task. But only for Marcus Borden...
In a related story, HNT staff writer Greg Tufaro reports that Coach Borden is expected to petition the U.S. Supreme Court for a review of the federal appeals court ruling.
