Board defends actions in coach prayer case

Borden says ruling is good news for coaches throughout the country

BY DOUG McKENZIE

Staff Writer

The East Brunswick Board of Education is seemingly on the defense following the recent ruling in the lawsuit launched against the school district by East Brunswick High School head football coach Marcus Borden.

Only it's not sure why.

Though the board did not discuss in detail the recent case at its meeting last Thursday, board President Holly Howard addressed the controversial matter in a statement defending the district's actions and lauding its superintendent.

Two days earlier, U.S. District Court Judge Dennis Cavanaugh ruled that Borden can continue participating in team traditions such as taking a knee and bowing his head during team prayer sessions. Borden had sued the district last fall after being informed that his participation in team prayer, a longtime tradition, was a violation of school policy.

Borden argued in court that his constitutional rights had been violated. Judge Cavanaugh agreed, to a certain extent, ruling that the coach can be present during the prayer, but can neither initiate nor encourage it.

According to Borden, that is all he was hoping for when he launched the suit.

"Obviously, I'm excited about the ruling, not only for me, but for high school coaches throughout the country," Borden said. "Certainly, I was quite satisfied with the ruling.

"I think we went in knowing what we wanted, and I feel as though I got what I asked for," he added. "I asked to be able to bow my head and take a knee with my team. I'm not going to lead anything, which I had already said I was not going to do. It was

just difficult to deal with the guidelines, what participation was and what it wasn't.

"I was basically under the impression that I was not allowed to do anything, and I didn't know what that meant. ... The judge obviously agreed that as the coach, and with the family-type atmosphere we're trying to create within the team, it would be awkward for the coach not to be in the room during this type of thing."

While Borden was satisfied with the ruling, the Board of Education has been quick to counter the notion that the ruling was in any way a defeat for the district.

However, at Thursday's meeting, Howard read a prepared statement on the issue, saying that because the judgment was issued only two days earlier, the board had not had the chance to discuss an appeal, let alone make a decision on whether any future legal measures were necessary.

Addressing the matter of just how much money the lawsuit has cost the school district in legal expenses, Howard said the district "incurred no cost related to this litigation since it has been covered by our insurance."

She did not say how much Board Attorney Martin Pachman will be paid for his legal services in the matter, or if there would be any additional insurance costs.

While much of the local media coverage of the issue has praised Borden's efforts, Howard lauded the work of Superintendent of Schools Jo Ann Magistro.

"On behalf of the board, I extend our sincere appreciation to Dr. Magistro, who since October has acted on instructions given to her by this Board of Education," Howard said.

The issue made national headlines last fall after the school district, reportedly acting on the concerns and complaints of some students and parents, told Borden he would have to cease participating in the student prayer sessions. Borden subsequently resigned as coach and missed one football game before returning and agreeing to abide by the policy while he pursued the legal action.

School officials have said there simply needed to be clarification from the courts as to what was and was not permitted by a coach, and that they now have been given that direction.

"[Magistro] took a much higher road than many other superintendents in this state, or any other state in the nation, has been willing to do," Howard said. "And she did it on behalf of the students, every student."

Howard also quoted Gene Ryan, the board's newest member, referring to students and players who may feel pressured into taking part in prayer sessions when their teacher or coach is involved.

"As long as our goal is to speak for and protect even the smallest, frightened voice, we can never go wrong."

According to Trish LaDuca, East Brunswick's coordinator of community relations and programs, the board was not "picking a fight with Marcus Borden" over the matter, rather it was doing what it is obligated to do.

"When this issue was first brought up, Coach Borden was leading and initiating prayer," she said. "He admitted that and stopped doing it. Then the issue came up over what exactly participation means, and obviously there's a fine line there.

"The point is, when the complaints started coming in from students and parents regarding the team prayers, it opened the school district up to possible litigation," LaDuca said. "The board had to do something. It has a responsibility."

LaDuca added that while the board appreciated the fact that the pregame prayer was a tradition the coach had practiced for 22 years, it also expects all its employees to respect and follow district policies.

"We live in a very diverse community, with all different kinds of people," LaDuca said. "And the world has changed a lot in the last 23 years. The nearly 9,200 students that we have in the district come from many different nationalities and cultures, and we have to respect them all equally.

"This was not the board vs. Marcus Borden. This was the board protecting the rights of all of its students," she said.

While the board will continue to determine if any future legal actions are necessary, Borden is simply ready to move on.

"It is behind me," he said. "I'm getting ready to open up the season on the 14th [of September]."

Staff writer Vincent Todaro contributed to this story.