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Editorials August 3, 2006
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Ruling more a compromise than a win for one side

The Marcus Borden lawsuit may indeed be over, but while many seem to think there is a clear winner in the case, that's up for debate. Did Borden win? One would think so judging by the spin some media outlets have placed on the story. But the July 25 ruling actually provides more of a clarification on how Borden should proceed in the future. And it's not quite the same as he did in the past.

Sure, Borden can kneel with his players and bow his head as they pray. That's something he fought for, and something he refrained from doing last fall after the school district told him to stop participating in team prayer. No doubt, he won that argument.

But if the question is can he pray with his players, the answer isn't exactly yes. He can't pray out loud or in a way that would make it apparent he is exercising an act of religion. In other words, he can't pray in such a way that would cause discomfort or awkwardness for any player who doesn't want to participate.

U.S. District Judge Dennis Cavanaugh, in determining that Borden can be allowed to bend his knee in silence while his players recite a prayer, did not describe that act as praying. He described it more as the upholding of a team tradition, noting it would not seem right to prohibit the coach from participating in such an act. That's different than organizing or reciting a prayer with the team, as Borden has done in the past.

East Brunswick school officials, in enforcing their policy last fall, said they were acting on an interpretation of federal laws regarding the legality of teachers and coaches praying with students. The policy was being enforced in response to complaints from parents that certain athletes were being alienated.

Ultimately, the end result is a compromise. Borden can participate, but not as a leader and not verbally. The school district, though ruled to have violated Borden's constitutional rights by stopping him from participating in team prayer at all last October, now has an answer on just what a coach can and can't do when it comes to religion and his players. Church and state are separated by a fine line, but at least now everyone knows where that line gets crossed.