Borden v. School District of the Township of East Brunswick

Marcus Borden (plaintiff), a football coach at East Brunswick High School (defendant district), had for years led or participated in team prayers before games and at pre-game meals. After parents complained, the district issued guidelines barring faculty and coaches from leading, initiating, or participating in student prayers, while allowing student-led prayer. Borden sued, claiming the guidelines violated his First Amendment rights. The district court held the policy unconstitutional and that Borden's silent participation (bowing his head, kneeling) did not violate the Establishment Clause. The district appealed.

Whether a public school may act in a manner that a reasonable observer familiar with the context and history would perceive as a government endorsement of religion under the Establishment Clause.