The 3rd U.S. Circuit Court of Appeals refused Thursday to grant Marcus Borden a new trial, The Star-Ledger of Newark reported. Last month, the same court rejected his appeal of a lower court ruling that he has no right to lead prayers at team dinners and pre-game meetings in the locker room.

His lawyer, Ronald Riccio, said that Borden, the coach at East Brunswick High School, would appeal to the U.S. Supreme Court.

Parents complained to school administrators in 2005 about Borden's leading team prayers. Borden's first response was to resign, but he then decided to wage a legal fight against the district's policy banning school employees from leading prayers.