Sen. Mike Lee filed an amicus brief, often called a “friend of the court” filing, to the Supreme Court as it considers taking up a long-running case about religious freedom over prayer ahead of a high school football game.
The case originated from a 2015 championship football game between Cambridge Christian and Jacksonville’s University Christian School in Florida. The Florida High School Athletic Association banned the school from reciting a prayer over the loudspeaker. The teams prayed on the field, but it was not audible to those in the crowd. Cambridge Christian sued the athletic association, prompting a yearslong legal battle.
“When the government blocks Christian schools from praying before their own football games, something is very wrong,” Lee said in a statement. “Even after the Supreme Court has repeatedly warned about the dangers of expansive definitions of government speech, some lower courts are creating new loopholes and ignoring protections for freedom of speech and religion.”
Lee was joined by 10 other Republican senators and five GOP members of the House in the amicus brief.
Attorneys for the Christian school filed a 37-page petition to the Supreme Court in June, urging the justices to reverse a previous ruling from the U.S. 11th Circuit Court of Appeals. The appeals court upheld the Florida athletic association’s argument that using a loudspeaker at the sporting event was considered government speech and didn’t violate free speech rights.
Cambridge representatives wrote to the Supreme Court to say they believe the appeal’s panel decision was “egregiously wrong” and presents issues of “utmost importance for religious liberty in this country.” They argue the court’s review of the case is “necessary” to prove that it is possible to combat “government speech defenses.”
Lee argued that the case presents a “serious danger” to private expressions of faith and the appeal court’s decision should be overturned. He said he believes the appeal’s ruling created a loophole for the government to “stifle private speech” and misclassified private speech as government speech.
“I pray the Supreme Court grants this case, corrects the lower court’s error, and upholds the First Amendment,” he said.
The statement from Lee comes as the court approaches its Thursday deadline to either grant certiorari — or agree to hear oral arguments next term — in the case.