Courthouse Steps Decision: Kennedy v. Bremerton School District

On June 27, 2022, the Supreme Court decided Kennedy v. Bremerton School District.  In a 6-3 decision, the Supreme Court reversed the decision of the Court of Appeals for the Ninth Circuit, holding that the free exercise and free speech clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression.

Justice Gorsuch delivered the opinion of the court, in which Chief Justice Roberts, Justices Thomas, Alito, and Barrett joined, and in which Justice Kavanaugh joined except as to Part III-B. Justices Thomas and Alito filed concurring opinions. Justice Sotomayor filed a dissenting opinion, in which Justices Breyer and Kagan joined.

Please join our legal expert to discuss the case, the legal issues involved, and the implications going forward.



Stephanie Taub, Senior Counsel, First Liberty Institute


As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.