Sports Law Final Paper by Joseph David Mourad I. Introduction
Throughout American history, religion has often been entangled with sports.1 This is evidenced by athletes thanking God in interviews and praying after scoring touchdowns in football games.2 Moreover, pregame prayers are often held before sporting events throughout the country.3 These rituals are often undertaken without thoughts of consequences because they are commonplace and because schools may not have received complaints about them. However, religious rituals conducted at public institutions have been increasingly challenged by individuals claiming that the rituals violate the First Amendment to the United States Constitution.4
The Freedom From Religion Foundation (“FFRF”) has sent letters to various schools challenging religious rituals at public school functions, including sporting events.5 In September 2012, the FFRF sent such a letter to University of Tennessee at Knoxville’s (“UTK”) Chancellor Jimmy Cheek asking that the university stop using prayer at sporting events; the university has been inviting clergy to lead the prayers (that often invoke Jesus Christ) before football games in which the PA announcer asks the attendees to stand for the invocation. 6 The FFRF claimed that the prayers at the public university violated the Establishment Clause of the First Amendment of the U.S. Constitution. 7 Although the FFRF was successful in convincing the University of Tennessee at Chattanooga to stop scheduling pregame prayers and switch to a moment of silence, Cheek informed the FFRF that UTK would continue to allow the prayers.8
The Establishment Clause of the First Amendment to the U.S. Constitution prevents the government from supporting any religion or affiliating itself with any religious organization or doctrine.9 The purpose behind the Establishment Clause is to ensure that the government maintains a