town greece new york galloway et argued november decided may since monthly town board meetings greece new york opened roll call recitation pledge allegiance prayer given clergy selected congregations listed local directory prayer program open creeds nearly local congregations christian thus nearly participating prayer givers respondents citizens attend meetings speak local issues filed suit alleging town violated first amendment establishment clause preferring christians prayer givers sponsoring sectarian prayers sought limit town inclusive ecumenical prayers referred generic god district upheld prayer practice summary judgment finding impermissible preference christianity concluding christian identity prayer givers reflected predominantly christian character town congregations official policy practice discriminating minority faiths finding first amendment require greece invite clergy congregations beyond borders achieve religious diversity rejecting theory legislative prayer must nonsectarian second circuit reversed holding aspects prayer program viewed totality reasonable observer conveyed message greece endorsing christianity held judgment reversed reversed justice kennedy delivered opinion except part concluding town prayer practice violate establishment clause pp legislative prayer religious nature long understood compatible establishment clause marsh chambers marsh concluded necessary define establishment clause precise boundary order uphold nebraska practice employing legislative chaplain history supported conclusion specific practice permitted first congress voted appoint pay official chaplains shortly approving language first amendment houses maintained office virtually uninterrupted since see majority also consistent practice legislative prayer historical precedent practice opening local legislative meetings prayer well marsh teaches establishment clause must interpreted reference historical practices understandings county allegheny american civil liberties union greater pittsburgh chapter opinion kennedy thus test must acknowledge practice accepted framers withstood critical scrutiny time political change inquiry must determine whether prayer practice town greece fits within tradition long followed congress state legislatures pp respondents insistence nonsectarian prayer consistent tradition prayers marsh consistent first amendment espoused generic theism nation history tradition shown prayer limited context coexis principles disestablishment religious freedom dictum county allegheny suggesting marsh permitted prayer overtly christian references irreconcilable facts holding reasoning marsh instructed content prayer concern judges provided indication prayer opportunity exploited proselytize advance one disparage faith belief hold invocations must nonsectarian force legislatures sponsoring prayers courts deciding cases act supervisors censors religious speech thus involving government religious matters far greater degree case town current practice neither editing approving prayers advance criticizing content fact respondents contrary arguments unpersuasive doubtful consensus reached qualifies generic nonsectarian prayer also unwise conclude religious words acceptable majority first amendment majority rule government may seek define permissible categories religious speech rejecting suggestion legislative prayer must nonsectarian imply constraints remain content relevant constraint derives prayer place opening legislative sessions meant lend gravity occasion reflect values long part nation heritage nation earliest days invocations addressed assemblies comprising many different creeds striving idea people many faiths may community tolerance devotion even disagree religious doctrine prayers delivered greece fall outside tradition may invoked name jesus also invoked universal themes calling spirit cooperation absent pattern prayers time denigrate proselytize betray impermissible government purpose challenge based solely content particular prayer likely establish constitutional violation see finally long town maintains policy nondiscrimination constitution require search beyond borders prayer givers effort achieve religious balancing pp justice kennedy joined chief justice justice alito concluded part inquiry considers setting prayer arises audience directed shows town coercing citizens engage religious observance prayer opportunity evaluated backdrop historical practice showing prayer become part nation heritage tradition presumed reasonable observer acquainted tradition understands purposes lend gravity public proceedings acknowledge place religion holds lives many private citizens furthermore principal audience invocations public lawmakers lawmakers direct public participate single dissidents opprobrium indicate decisions might influenced person acquiescence prayer opportunity respondents claim prayers gave offense made feel excluded disrespected offense equate coercion contrast lee weisman found coercive religious invocation high school graduation record suggest citizens dissuaded leaving meeting room prayer arriving late making later protest prayer greece delivered opening ceremonial portion town meeting policymaking portion also suggests purpose effect acknowledge religious leaders institutions exclude coerce nonbelievers pp justice thomas joined justice scalia part ii agreed town prayer practice violate establishment clause concluded even establishment clause properly incorporated fourteenth amendment clause violated kind subtle pressures respondents allegedly suffered amount actual legal coercion municipal prayers case bear resemblance coercive state establishments existed founding exercised government power order exact financial support church compel religious observance control religious doctrine pp kennedy delivered opinion except part roberts alito joined opinion full scalia thomas joined except part alito filed concurring opinion scalia joined thomas filed opinion concurring part concurring judgment scalia joined part ii breyer filed dissenting opinion kagan filed dissenting opinion ginsburg breyer sotomayor joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press town greece new york petitioner susan galloway et al writ certiorari appeals second circuit may justice kennedy delivered opinion except part must decide whether town greece new york imposes impermissible establishment religion opening monthly board meetings prayer must concluded consistent opinion marsh chambers violation constitution shown greece town population upstate new york years began monthly town board meetings moment silence newly elected town supervisor john auberger decided replicate prayer practice found meaningful serving county legislature following roll call recitation pledge allegiance auberger invite local clergyman front room deliver invocation prayer auberger thank minister serving board chaplain month present commemorative plaque prayer intended place town board members solemn deliberative frame mind invoke divine guidance town affairs follow tradition practiced congress dozens state legislatures app town followed informal method selecting prayer givers unpaid volunteers town employee call congregations listed local directory found minister available month meeting town eventually compiled list willing board chaplains accepted invitations agreed return future town point excluded denied opportunity prayer giver leaders maintained minister layperson persuasion including atheist give invocation nearly congregations town christian participating ministers greece neither reviewed prayers advance meetings provided guidance tone content belief exercising degree control prayers infringe free exercise speech rights ministers town instead left guest clergy free compose devotions resulting prayers often sounded civic religious themes typical invocations asked divinity abide meeting bestow blessings community lord ask send spirit servanthood upon us gathered evening work benefit community ask bless elected appointed officials may deliberate wisdom act courage bless members community come speak board may state cause honesty humility lord ask bless us everything tonight move welcome us one day kingdom good faithful servants ask name brother jesus amen ministers spoke distinctly christian idiom minority invoked religious holidays scripture doctrine following prayer lord god creation give thanks praise presence action world look anticipation celebration holy week easter solemn events next week find heart center christian faith acknowledge saving sacrifice jesus christ cross draw strength vitality confidence resurrection easter pray peace world end terrorism violence conflict war pray stability democracy good government countries armed forces serving especially iraq afghanistan praise glory lord forever amen respondents susan galloway linda stephens attended town board meetings speak issues local concern objected prayers violated religious philosophical views one meeting galloway admonished board members found prayers offensive intolerable affront diverse community complaint wdny respondents complained christian themes pervaded prayers exclusion citizens share beliefs town invited jewish layman chairman local temple deliver prayers wiccan priestess read press reports prayer controversy requested granted opportunity give invocation galloway stephens brought suit district western district new york alleged town violated first amendment establishment clause preferring christians prayer givers sponsoring sectarian prayers given jesus name supp seek end prayer practice rather requested injunction limit town inclusive ecumenical prayers referred generic god associate government one faith belief district summary judgment upheld prayer practice consistent first amendment found impermissible preference christianity noting town opened prayer program creeds excluded none although prayer givers christian fact reflected predominantly christian identity town congregations rather official policy practice discriminating minority faiths district found authority proposition first amendment required greece invite clergy congregations beyond borders order achieve minimum level religious diversity district also rejected theory legislative prayer must nonsectarian began inquiry opinion marsh chambers permitted prayer state legislatures chaplain paid public purse long prayer opportunity exploited proselytize advance one disparage faith belief respect prayer greece district concluded references jesus occasional request audience stand prayer amount impermissible proselytizing located marsh additional requirement prayers purged sectarian content regard quoted recent invocations offered house representatives name lord jesus christ cong rec june situated prayer context part long tradition finally trial noted statement county allegheny american civil liberties union greater pittsburgh chapter prayers marsh offend establishment clause particular chaplain references christ district read statement mandate legislative prayer nonsectarian least circumstances town permitted clergy variety faiths give invocations welcoming many viewpoints district concluded town unlikely give impression affiliating one religion appeals second circuit reversed held aspects prayer program viewed totality reasonable observer conveyed message greece endorsing christianity town failure promote prayer opportunity public invite ministers congregations outside town limits ensured christian viewpoint although found inherent problem sectarian content prayers concluded steady drumbeat christian prayer unbroken invocations faith traditions tended affiliate town christianity finally found relevant guest clergy sometimes spoke behalf present meeting saying let us pray asking audience members stand bow heads invitation participate prayer placed audience members nonreligious adherents religion awkward position either participating prayers invoking beliefs share appearing show disrespect invocation ibid board members bowed heads made sign cross conveyed message town endorsed christianity appeals emphasized interaction facts present case rather single element rendered prayer unconstitutional granted certiorari decide whether town prayer practice violates establishment clause reverses judgment appeals ii marsh chambers found first amendment violation nebraska legislature practice opening sessions prayer delivered chaplain paid state funds decision concluded legislative prayer religious nature long understood compatible establishment clause practiced congress since framing constitution legislative prayer lends gravity public business reminds lawmakers transcend petty differences pursuit higher purpose expresses common aspiration peaceful society see lynch donnelly concurring cf adams emmerich nation dedicated religious liberty considered symbolic expression tolerable acknowledgement beliefs widely held marsh rather first treacherous step towards establishment state church marsh sometimes described carving exception establishment clause jurisprudence sustained legislative prayer without subjecting practice formal traditionally structured inquiry brennan dissenting marsh found tests unnecessary history supported conclusion legislative invocations compatible establishment clause first congress made early item business appoint pay official chaplains house senate maintained office virtually uninterrupted since time see feldman divided god see marsh supra noting dissenting views among framers madison detached memoranda wm mary quarterly hereinafter madison detached memoranda marsh decided legislative prayer persisted nebraska legislature century majority also consistent practice although information cited parties indicate many local legislative bodies open meetings prayer practice historical precedent see reports proceedings city council boston year commencing ending pp rev arthur little desire invoke thy presence thy blessing thy guidance upon gathered morning light unambiguous unbroken history years doubt practice opening legislative sessions prayer become part fabric society marsh supra yet marsh must understood permitting practice amount constitutional violation historical foundation case teaches instead establishment clause must interpreted reference historical practices understandings county allegheny kennedy concurring judgment part dissenting part first congress provided appointment chaplains days approving language first amendment demonstrates framers considered legislative prayer benign acknowledgment religion role society currie constitution congress federalist period pp judiciary committees house senate reevaluated practice official chaplaincies receiving petitions abolish office committees concluded office posed threat establishment lawmakers compelled attend daily prayer faith excluded law favored cost chaplain salary imposed vanishingly small burden taxpayers marsh stands proposition necessary define precise boundary establishment clause history shows specific practice permitted test adopts must acknowledge practice accepted framers withstood critical scrutiny time political change county allegheny supra opinion kennedy see also school dist abington township schempp brennan concurring line must draw permissible impermissible one accords history faithfully reflects understanding founding fathers test sweep away long settled create new controversy begin anew divisions along religious lines establishment clause seeks prevent see van orden perry breyer concurring judgment inquiry must determine whether prayer practice town greece fits within tradition long followed congress state legislatures respondents assert town prayer exercise falls outside tradition transgresses establishment clause two independent mutually reinforcing reasons first argue marsh approve prayers containing sectarian language themes prayers offered greece referred death resurrection ascension savior jesus christ app saving sacrifice jesus christ cross second argue setting conduct town board meetings create social pressures force nonadherents remain room even feign participation order avoid offending representatives sponsor prayer vote matters citizens bring board sectarian content prayers compounds subtle coercive pressures argue nonbeliever might tolerate ecumenical prayer forced prayer might inimical beliefs respondents maintain prayer must nonsectarian identifiable one religion fault town permitting guest chaplains deliver prayers use overtly christian terms invoke specifics christian theology brief respondents prayer fitting public sphere view contains general nonsectarian reference god quoting meyerson endowed creator birth religious freedom america eschews mention doctrines associated one faith brief respondents argue prayer contemplates workings holy spirit events pentecost belief god raised lord jesus raise us turn put us impermissible prayer reflects dogma particular single faith tradition quoting app citing insistence nonsectarian ecumenical prayer single fixed standard consistent tradition legislative prayer outlined cases found prayers marsh consistent first amendment espoused generic theism history tradition shown prayer limited context coexis principles disestablishment religious freedom congress drafted first amendment accustomed invocations containing explicitly religious themes sort respondents find objectionable one senate first chaplains rev william white gave prayers series included lord prayer collect ash wednesday prayers peace grace general thanksgiving chrysostom prayer prayer seeking grace lord jesus christ letter white jones wilson memoir life right reverend william white bishop protestant episcopal church state pennsylvania see also new hampshire patriot state gazette describing senate prayer addressing throne grace cong globe reciting lord prayer decidedly christian nature prayers must dismissed relic time nation less pluralistic today congress continues permit appointed visiting chaplains express religious idiom acknowledges growing diversity proscribing sectarian content welcoming ministers many creeds see cong rec mar dalai lama buddhist monk simple buddhist monk pray buddha gods cong rec rabbi joshua gruenberg god god ancestors everlasting spirit universe cong rec june satguru bodhinatha veylanswami hindu scripture declares without equivocation highest high ideals never knowingly harm anyone cong rec imam nayyar imam final prophet god muhammad peace upon stated leaders people representation contention legislative prayer must generic nonsectarian derives dictum county allegheny disputed written repudiated later cases held crèche placed steps county courthouse celebrate christmas season violated establishment clause effect endorsing patently christian message four dissenting justices disputed endorsement proper test likely condemn host traditional practices recognize role religion plays society among legislative prayer forthrightly religious thanksgiving proclamations issued nearly every president since washington sought counter criticism recasting marsh permit prayer contained overtly christian references however history may affect constitutionality nonsectarian references religion government history legitimate practices demonstrate government allegiance particular sect creed legislative prayers involved marsh violate principle particular chaplain references christ quoting marsh supra omitted proposition irreconcilable facts marsh holding reasoning marsh nowhere suggested constitutionality legislative prayer turns neutrality content opinion noted nebraska chaplain rev robert palmer modulated explicitly christian nature prayer removed references christ jewish lawmaker complained observe practical demands placed minister holds permanent appointed position legislature chooses write prayers appeal members least give less offense object see mallory officer house chooses nothing marsh chambers apply rotating chaplains chi rev marsh suggest nebraska prayer practice failed chaplain acceded legislator request imply rule prayer violates establishment clause time given name figure deified one faith creed see van orden recognizing prayers marsh often explicitly christian rejecting view gave rise establishment violation contrary instructed content prayer concern judges provided indication prayer opportunity exploited proselytize advance one disparage faith belief hold invocations must nonsectarian force legislatures sponsor prayers courts asked decide cases act supervisors censors religious speech rule involve government religious matters far greater degree case town current practice neither editing approving prayers advance criticizing content fact cf evangelical lutheran church school eeoc slip government prohibited prescribing prayers recited public institutions order promote preferred system belief code moral behavior engel vitale steps removed prohibition legislatures require chaplains redact religious content message order make acceptable public sphere government may mandate civic religion stifles generic reference sacred may prescribe religious orthodoxy see lee weisman suggestion government may establish official civic religion means avoiding establishment religion specific creeds strikes us contradiction accepted schempp goldberg concurring arguing untutored devotion concept neutrality must lead brooding pervasive devotion secular respondents argue effect legislative prayer may addressed generic god law draw line specific prayer seek require ministers set aside nuanced deeply personal beliefs vague artificial ones doubt event consensus might reached qualifies generic nonsectarian honorifics like lord lords king kings might strike christian audience ecumenical yet titles may place vocabulary faith difficulty indeed futility sifting sectarian nonsectarian speech illustrated letter lawyer respondents sent town early stages litigation letter opined references father god lord god almighty acceptable public prayer references jesus christ holy spirit holy trinity app perhaps writer believed former grouping acceptable monotheists yet even seemingly general references god father might alienate nonbelievers polytheists mccreary county american civil liberties union scalia dissenting unlikely prayer inclusive beyond dispute unwise adopt respondents think option permitting religious words words acceptable majority even exclude torcaso watkins first amendment majority rule government may seek define permissible categories religious speech invites prayer public sphere government must permit prayer giver address god gods conscience dictates unfettered administrator judge considers nonsectarian rejecting suggestion legislative prayer must nonsectarian imply constraints remain content relevant constraint derives place opening legislative sessions meant lend gravity occasion reflect values long part nation heritage prayer solemn respectful tone invites lawmakers reflect upon shared ideals common ends embark fractious business governing serves legitimate function course practice time shows invocations denigrate religious minorities threaten damnation preach conversion many present may consider prayer fall short desire elevate purpose occasion unite lawmakers common effort circumstance present different case one presently tradition reflected marsh permits chaplains ask god blessings peace justice freedom find appreciation among people faiths prayer given name jesus allah jehovah makes passing reference religious doctrines remove tradition religious themes provide particular means universal ends prayer reflects beliefs specific creeds still serve solemnize occasion long practice time exploited proselytize advance one disparage faith belief marsh thus possible discern prayers offered congress commonality theme tone prayers vary degree religiosity often seek peace nation wisdom lawmakers justice people values count universal embodied religious traditions founding documents laws first prayer delivered continental congress rev jacob duché provides example thou present god wisdom direct counsel honorable assembly enable settle things best surest foundations scene blood may speedily closed order harmony peace effectually restored truth justice religion piety prevail flourish among people preserve health bodies vigor minds shower millions represent temporal blessings thou seest expedient world crown everlasting glory world come ask name merits jesus christ thy son saviour amen federer america god country earliest days nation invocations addressed assemblies comprising many different creeds ceremonial prayers strive idea people many faiths may community tolerance devotion even disagree religious doctrine may find common ground desire show respect divine aspects lives tradition assumes adult citizens firm beliefs tolerate perhaps appreciate ceremonial prayer delivered person different faith see letter john adams abigail adams adams familiar letters john adams wife abigail adams revolution prayers delivered town greece fall outside tradition recognized number prayers invoke name jesus heavenly father holy spirit also invoked universal themes celebrating changing seasons calling spirit cooperation among town leaders app among numerous examples prayer record invocation given rev richard barbour september board meeting gracious god richly blessed nation community help us remember generosity give thanks goodness bless elected leaders greece town board conduct business town evening give wisdom courage discernment desire serve common good ask blessing public servants especially police force firefighters emergency medical personnel respectful every religious tradition offer prayer name god son jesus christ lord amen respondents point invocations disparaged accept town prayer practice one guest minister characterized objectors minority ignorant history country another lamented towns leaders although two remarks strayed rationale set marsh despoil practice whole reflects embraces tradition absent pattern prayers time denigrate proselytize betray impermissible government purpose challenge based solely content prayer likely establish constitutional violation marsh indeed requires inquiry prayer opportunity whole rather contents single prayer finally disagrees view taken appeals town greece contravened establishment clause inviting predominantly christian set ministers lead prayer town made reasonable efforts identify congregations located within borders represented welcome prayer minister layman wished give one nearly congregations town turned christian reflect aversion bias part town leaders minority faiths long town maintains policy nondiscrimination constitution require search beyond borders prayer givers effort achieve religious balancing quest promote religious views require town make wholly inappropriate judgments number religions sponsor relative frequency sponsor lee souter concurring form government entanglement religion far troublesome current approach respondents seek distinguish town prayer practice tradition upheld marsh ground coerces participation nonadherents amici contend prayer conducted intimate setting town board meeting differs fundamental ways invocations delivered congress state legislatures public remains segregated legislative activity may address body except occasional invitation citizens attend town meetings hand accept awards speak matters local importance petition board action may affect economic interests granting permits business licenses zoning variances respondents argue public may feel subtle pressure participate prayers violate beliefs order please board members seek favorable ruling view fact board members small towns know many constituents name increases pressure conform elemental first amendment principle government may coerce citizens support participate religion exercise county allegheny kennedy concurring judgment part dissenting part see also van orden plurality opinion recognizing institutions must press religious observances upon citizens record case persuaded town greece act offering brief solemn respectful prayer open monthly meetings compelled citizens engage religious observance inquiry remains one considers setting prayer arises audience directed prayer opportunity case must evaluated backdrop historical practice practice long endured legislative prayer become part heritage tradition part expressive idiom similar pledge allegiance inaugural prayer recitation god save honorable opening sessions see lynch concurring presumed reasonable observer acquainted tradition understands purposes lend gravity public proceedings acknowledge place religion holds lives many private citizens afford government opportunity proselytize force truant constituents pews see salazar buono plurality opinion santa fe independent school dist doe many appreciate acknowledgments divine public institutions suggest disagree compelled join expression approve content west virginia bd ed barnette principal audience invocations indeed public lawmakers may find moment prayer quiet reflection sets mind higher purpose thereby eases task governing district marsh described prayer exercise internal act directed nebraska legislature members chambers marsh supp neb rather effort promote religious observance among public see also lee souter concurring describing marsh case government officials invoke spiritual inspiration entirely benefit atheists lakeland quoting city resolution providing prayer benefit blessing elected leaders madison detached memoranda characterizing prayer congress religious worship national representatives brief senator marco rubio et al amici curiae brief members congress amici curiae sure many members public find prayers meaningful wish join purpose largely accommodate spiritual needs lawmakers connect tradition dating time framers members town boards commissions often serve volunteers ceremonial prayer may also reflect values hold private citizens prayer opportunity show without denying right dissent disagree analysis different town board members directed public participate prayers singled dissidents opprobrium indicated decisions might influenced person acquiescence prayer opportunity thing occurred town greece although board members stood bowed heads made sign cross prayer point solicited similar gestures public respondents point several occasions audience members asked rise prayer requests however came town leaders guest ministers presumably accustomed directing congregations way might done thinking action inclusive coercive see app bow heads invite lord presence tonight let us join hearts minds together prayer join moment prayer willing may join prayer respondents suggest constituents might feel pressure join prayers avoid irritating officials ruling petitions argument evidentiary support nothing record indicates town leaders allocated benefits burdens based participation prayer citizens received differently depending whether joined invocation quietly declined instance town leaders signal disfavor toward nonparticipants suggest stature community way diminished practice classified citizens based religious views violate constitution case declarations trial respondents stated prayers gave offense made feel excluded disrespected offense however equate coercion adults often encounter speech find disagreeable establishment clause violation made time person experiences sense affront expression contrary religious views legislative forum especially member public welcome turn offer invocation reflecting convictions see elk grove unified school dist newdow concurring compulsion justice jackson concerned direct sort constitution guarantee citizens right entirely avoid ideas disagree circumstances arise pattern practice ceremonial legislative prayer alleged means coerce intimidate others objection addressed regular course showing made prayers neither chastised dissenters attempted lengthy disquisition religious dogma courts remain free review pattern prayers time determine whether comport tradition solemn respectful prayer approved marsh whether coercion real substantial likelihood general course legislative bodies engage impermissible coercion merely exposing constituents prayer rather hear need participate see county allegheny kennedy concurring judgment part dissenting part case distinguished conclusions holding lee weisman found context graduation school authorities maintained close supervision conduct students substance ceremony religious invocation coercive objecting student see also santa fe independent school four justices dissented lee circumstances confronted present case control outcome nothing record suggests members public dissuaded leaving meeting room prayer arriving late even happened making later protest case marsh board members constituents free enter leave little comment number reasons lee supra nonbelievers choose exit room prayer find distasteful absence stand disrespectful even noteworthy remain quiet acquiescence light traditions interpreted agreement words ideas expressed neither choice represents unconstitutional imposition mature adults presumably readily susceptible religious indoctrination peer pressure marsh internal quotation marks citations omitted town greece prayer delivered ceremonial portion town meeting board members engaged policymaking time general functions swearing new police officers inducting high school athletes town hall fame presenting proclamations volunteers civic groups senior citizens moment town leaders recognize achievements constituents aspects community life worth celebrating inviting ministers serve chaplain month welcoming front room alongside civic leaders town acknowledging central place religion religious institutions hold lives present indeed congregations simply spiritual homes town residents also provider social services citizens regardless beliefs see app thanking pastor community involvement thanking deacon job done behalf community inclusion brief ceremonial prayer part larger exercise civic recognition suggests purpose effect acknowledge religious leaders institutions represent rather exclude coerce nonbelievers ceremonial prayer recognition since nation founded present day many americans deem existence must understood precepts far beyond authority government alter define willing participation civic affairs consistent brief acknowledgment belief higher power always due respect adhere beliefs prayer case permissible ceremonial purpose unconstitutional establishment religion town greece violate first amendment opening meetings prayer comports tradition coerce participation nonadherents judgment appeals second circuit reversed ordered alito concurring town greece new york petitioner susan galloway et al writ certiorari appeals second circuit may justice alito justice scalia joins concurring write separately respond principal dissent really consists two different intertwined opinions one quite narrow sweeping address first however since principal dissent accuses blind facts case post opinion kagan recount facts find particularly salient town greece municipality upstate new york borders city rochester town decided emulate practice long established congress state legislatures brief prayer sessions town board task lining clergy members willing provide prayer given town office constituent services supp wdny first four years practice clerical employee office randomly call religious organizations listed greece community guide local directory published greece chamber commerce able find somebody willing give invocation employee began keeping list individuals agreed give invocation second clerical employee took task finding first employee gave list second second employee randomly called organizations list possibly others community guide found someone agreed provide prayer apparently houses worship listed local community guide christian churches unsurprising given small number area although statistics town greece alone seem available statistics compiled monroe county includes town greece city rochester according statistics county residents religious affiliation jewish faiths percentages synagogues within borders town greece several far away across rochester border presumably jewish residents town worship one synagogues synagogues fall outside town borders listed town local directory responsible town employee include list ibid include house worship result procedure time prayers beginning town board meetings offered christian clergy many prayers distinctively christian respondents claim list attributable religious bias favoritism appeals acknowledged town religious animus time town practice appear elicited criticism complaints received town made clear permit interested residents including nonbelievers provide invocation town never refused request offer invocation supp recent list record persons available provide invocation includes representatives many faiths app pp hereinafter meetings greece town board appear similar town council meetings across country prayer took place beginning meetings board conducted might termed legislative portion agenda residents permitted address board portion meeting separate stage meetings devoted matters formal requests variances see brief respondents app app prayer occurred second part proceedings therefore understand case involve constitutionality prayer prior may characterized adjudicatory proceeding prayer preceded portion town board meeting view essentially legislative true matters considered board initial part meeting might involve specific questions installation traffic light stop sign particular intersection transform nature part meeting ii turn narrow aspect principal dissent find principal dissent objection end really quite niggling according principal dissent town avoided constitutional problem either two ways first principal dissent writes town board let chaplains know speak nonsectarian terms common diverse religious groups one valid grounds complaint post priests ministers rabbis imams principal dissent continues give invocations time without great difficulty post houses congress advise guest chaplains keep mind addressing members variety faith traditions matter policy advice much recommend argument nonsectarian prayer constitutionally required runs headlong long history contrary congressional practice beginning notes many christian prayers offered house senate see ante rabbis clergy served guest chaplains prayers often couched terms particular faith historical support proposition generic prayer allowed country become diverse composing prayer acceptable members community hold religious beliefs become harder harder one thing compose prayer acceptable christians jews much harder compose prayer also acceptable followers eastern religions well represented country many local clergy may find project daunting impossible may feel good faith deliver vague prayer addition town attempts go beyond simply recommending guest chaplain deliver prayer broadly acceptable members particular community groups represented different communities vary town inevitably encounter sensitive problems must town screen necessary edit prayers given prescreening required must town review prayers delivered order determine sufficiently generic guest chaplain crosses line must town must chaplain corrected spot must town strike chaplain perhaps house worship approved list town wants avoid problems associated first option principal dissent argues another choice may invit clergy many faiths post one month clergy member refers jesus next allah jehovah principal dissent explains government identify one religion align faith citizens effect even sectarian prayer transformed ibid principal dissent appears concede rotating system obviate constitutional problems despite high rhetoric principal dissent quarrel town greece really boils town clerical employees bad job compiling list potential guest chaplains really difference town principal dissent willing accept greece clerical employee drew list using town directory instead directory covering entire greater rochester area task putting together list handled sophisticated way employee charge realized town jewish residents attended synagogues rochester side border added one synagogues list mistake worst careless done discriminatory intent view case differently omission synagogues intentional informal imprecise way town lined guest chaplains typical way many things done small units local government places members governing body almost always day jobs occupy much time town almost never legal office instead relies legal advice local attorney whose practice likely center things regulation contracts torts municipality like town greece seeks good faith emulate congressional practice holding marsh chambers largely based municipality held violated constitution simply method recruiting guest chaplains lacks demographic exactitude might regarded optimal effect requiring exactitude pressure towns forswear altogether practice prayer meetings town council many local officials puzzled often puzzling establishment clause jurisprudence terrified legal fees may result lawsuit claiming constitutional violation already think safest course ensure local government zone indeed appeals opinion case advised towns constitutional difficulties may well prompt municipalities pause think carefully adopting legislative prayer precedent historic practice make clear principal dissent concedes prayer legislative session inherently inconsistent first amendment unit local government held violated first amendment simply procedure lining guest chaplains comply respects might termed best practices standard iii principal dissent end demand small modification procedure town greece initially followed much rhetoric opinion sweeps broadly indeed logical thrust many arguments prayer never permissible prior meetings local government legislative bodies greece town board meetings principal dissent pointedly notes ordinary citizens even children often present post guest chaplains stand front room facing public setting intimate ordinary citizens permitted speak ask board address problems direct effect lives post meetings occasions ordinary citizens engage petition government often highly individualized matters post session sort principal dissent argues prayer acceptable attendance bounds features greece meetings principal dissent highlights means common residents attend meetings either speak matters agenda request town address issues important anything unusual occasional attendance students prayer given beginning meeting expect chaplain generally stands front room faces public otherwise probably seen many rude finally although principal dissent post attaches importance fact guest chaplains town greece often began words let us pray also commonplace many clergy suspect almost short see nothing ordinary features principal dissent notes therefore prayer allowed meetings characteristics local government legislative bodies unlike national state counterparts begin meetings prayer see sound basis drawing distinction iv principal dissent claims accept decision marsh chambers upheld constitutionality nebraska legislature practice prayer beginning legislative sessions principal dissent acceptance marsh appears predicated view prayer issue case little formality legislators paid scant attention principal dissent describes scene session state legislature begins without members present strictly nonsectarian prayer recited legislators remain seated members public exposed experience post sort perfunctory prayer principal dissent implies marsh first amendment tolerate questionable whether principal dissent accurately describes nebraska practice issue important much happened nebraska years prior marsh happened congressional sessions period leading adoption first amendment time prayer legislative sessions already impressive pedigree important recall history events led adoption practice principal dissent paints picture morning nebraska circa see post instructive consider morning philadelphia september first continental congress convened philadelphia need colonies unite imperative things set colony apart colony prominent among sources division purely practical matter however project bringing colonies together required divisions samuel adams sought bridge differences prodding fellow massachusetts delegate move open session john adams later recounted motion opposed ground delegates divided religious sentiments episcopalians quakers anabaptists presbyterians congregationalists join act worship response samuel adams proclaimed bigot hear prayer gentleman piety virtue time friend country putting aside personal moved invite local anglican minister jacob duché lead first following morning duché appeared full delivered anglican prayers day extemporaneous many delegates members religious groups come america escape persecution britain listening distinctively anglican prayer minister church england represented act notable ecumenism duché prayer met wide approval john adams wrote filled bosom every man practice continued first congressional prayer emphatically christian neither empty formality strictly one purposes presumably one effects divide unite wonder practice beginning congressional sessions prayer continued revolution ended new constitution adopted one first actions taken new congress convened appoint chaplains houses first senate chaplain episcopalian appointed april first house chaplain presbyterian appointed may three days later madison announced planned introduce proposed constitutional amendments protect individual rights june amendments introduced september amendments approved sent years since adoption first amendment practice prayer sessions house senate continued opening prayers great variety faith traditions offered often noted actions taken first congress presumptively consistent bill rights see harmelin michigan carroll principle special force comes interpretation establishment clause always purported base establishment clause decisions original meaning provision thus marsh called upon decide whether prayer prior sessions state legislature consistent establishment clause relied heavily history prayer sessions congress held state legislature may follow similar practice see little doubt decision marsh reflected original understanding first amendment virtually inconceivable first congress appointed chaplains whose responsibilities prominently included delivery prayers beginning daily session thought practice inconsistent establishment clause since practice well established undoubtedly well known seems equally clear state legislatures ratified first amendment understanding case us appeals appeared base decision one establishment clause tests set opinions see inconsistency tests historic practice legislative prayer inconsistency calls question validity test historic practice brings final point troubled message readers may take principal dissent rhetoric highly imaginative hypotheticals example principal dissent conjures image litigant awaiting trial asked presiding judge rise christian prayer official polling place conveys expectation citizens wishing vote make sign cross casting ballots immigrant seeking naturalization asked bow head recite christian prayer although suggest implication intentional concerned least readers take hypotheticals warning today decision leads country religious minorities denied equal benefits citizenship nothing truth today allow town follow practice previously held permissible congress state legislatures seeming suggest otherwise principal dissent goes far astray opinion thomas town greece new york petitioner susan galloway et al writ certiorari appeals second circuit may justice thomas justice scalia joins part ii concurring part concurring judgment except part join opinion faithfully applies marsh chambers write separately reiterate view establishment clause best understood federalism provision elk grove unified school dist newdow thomas concurring judgment state understanding proper coercion analysis establishment clause provides congress shall make law respecting establishment religion amdt explained text history clause resis incorporation newdow supra see also van orden perry thomas concurring zelman establishment clause incorporated application municipal action issue initial matter clause probably prohibits congress establishing national religion cf drakeman church state original intent text clause also suggests congress interfere state establishments notwithstanding argument made based congress power necessary proper clause newdow supra opinion thomas language first amendment congress shall make law precisely tracked inverted exact wording necessary proper clause congress shall power make laws shall necessary proper subject fierce criticism time ratification amar bill rights hereinafter amar see also natelson framing adoption necessary proper clause origins necessary proper clause lawson miller natelson seidman eds summarizing claims necessary proper clause aggrandize powers federal government choice language congress shall make law effectively denied congress power regulate state establishments construing establishment clause federalism provision accords variety arrangements existed founding least six established churches amar new england like massachusetts connecticut new hampshire maintained establishments whereby majority town select minister religious denomination usually congregationalism puritanism mcconnell establishment disestablishment founding part establishment religion wm mary rev see also levy establishment clause religion first amendment hereinafter levy south maryland south carolina georgia eliminated exclusive anglican establishments following american revolution adopted general establishments permitted taxation support christian churches south carolina protestant churches see levy amar virginia contrast recently abolished official state establishment ended direct government funding clergy legislative battle led james madison see buckley church state revolutionary virginia pp principally rhode island pennsylvania delaware founded religious dissenters history formal establishments although still maintained religious tests office see mcconnell origins historical understanding free exercise religion harv rev import history relationship church state fledgling republic far settled time ratification see muñoz original meaning establishment clause impossibility incorporation constitutional although remaining state establishments ultimately dismantled massachusetts last state disestablish see levy outcome far assured bill rights ratified lack consensus suggests first amendment simply agnostic subject state establishments decision establish disestablish religion reserved amar federalist logic original establishment clause poses special barrier mechanical incorporation fourteenth amendment see unlike free exercise clause plainly protects individuals congressional interference right exercise religion establishment clause purport protect individual rights newdow opinion thomas instead particular beneficiaries clause incorporation therefore gives rise paradoxical result applying clause eliminates right establish religion free federal interference thereby prohibit ing exactly establishment clause protected see amar put differently structural reasons counsel incorporating tenth amendment also apply establishment clause knowledge ever suggested tenth amendment reserve powers delegated federal government applied incorporate limitation divest powers specifically delegated thereby inverting original import amendment incorporating establishment clause precisely effect cogent argument favor incorporation may time reconstruction framers fourteenth amendment come reinterpret establishment clause notwithstanding federalist origins expressing individual right question historical evidence mixed congressmen catalogued personal rights protected first amendment commonly referred speech press petition assembly personal right nonestablishment instead spoke conscience amar collecting sources may reason think lists abbreviated silence issue dispositive see lash second adoption establishment clause rise nonestablishment principle cf smith foreordained failure quest constitutional principle religious freedom given textual logical difficulties posed incorporation however warrant transforming meaning establishment clause without firm historical foundation see newdow supra opinion thomas burden persuasion therefore rests claim clause assumed different meaning upon adoption fourteenth ii even establishment clause properly incorporated municipal prayers issue case bear resemblance coercive state establishments existed founding coercion hallmark historical establishments religion coercion religious orthodoxy financial support force law threat penalty lee weisman scalia see also perry thomas concurring cutter wilkinson thomas concurring newdow supra opinion thomas typical case attendance established church mandatory taxes levied generate church revenue mcconnell establishment disestablishment dissenting ministers barred preaching political participation limited members established church say state establishments existence bill rights ratified uniform previously noted establishments south typically governed state legislature state constitution establishments new england administered municipal level see supra notwithstanding variations state local forms establishment involved actual legal coercion newdow supra opinion thomas exercised government power order exact financial support church compel religious observance control religious doctrine none state establishments remained time reconstruction even assuming framers fourteenth amendment reconceived nature establishment clause constraint nothing history intervening period suggests fundamental transformation understanding constituted establishment minimum support proposition framers fourteenth amendment embraced wholly modern notions establishment clause violated whenever reasonable observer feels subtle pressure ante perceives governmental endors ement ante example existence fourteenth amendment state constitutions contained explicit reference god preambles calabresi agudo individual rights state constitutions fourteenth amendment ratified rights deeply rooted american history tradition tex rev addition preamble references state constitutions contained references divine using phrases god ur creator ruler universe moreover state constitutional provisions prohibited religious comp ulsion made clear relevant sort compulsion legal nature type characterized provisions strongly suggest whatever nonestablishment principles existed included concern finer sensibilities reasonable observer thus extent coercion relevant establishment clause analysis actual legal coercion counts subtle coercive pressures allegedly felt respondents case ante majority properly concludes ffense equate coercion since dults often encounter speech find disagreeable establishment clause violation made time person experiences sense affront expression contrary religious views legislative forum ante simply add light foregoing history establishment clause eer pressure unpleasant may coercion either newdow opinion thomas breyer dissenting town greece new york petitioner susan galloway et al writ certiorari appeals second circuit may justice breyer dissenting recognize case ante opinion kennedy see also post kagan dissenting explaining appeals holding follows totality circumstances appeals believe constitution forbids legislative prayers incorporate content associated particular denomination rather holding took content account simply indicated town followed sufficiently inclusive selection process also took account related actions inactions town officials ibid actions inactions included selection process led selection clergy almost exclusively places worship located within town borders despite likelihood significant numbers town residents members congregations gather outside borders failure infor members general public volunteers acceptable prayer givers failure infor invocations exploited effort convert others particular faith invocational speaker disparage faith belief different invocational speaker internal quotation marks omitted appeals emphasized holding hold town may open public meetings prayer prayers offered context must blandly essence appeals merely held town must previously done try make prayer practices inclusive faiths prescribe single constitutionally required method view appeals conclusion reasoning convincing justice kagan dissent consistent view join also emphasize several factors believe underlie conclusion particular facts case town prayer practice violated establishment clause first greece predominantly christian town exclusively map town houses worship introduced district shows many christian churches within town limits also shows buddhist temple within town several jewish synagogues outside borders adjacent city rochester new york yet monthly meetings prayers delivered record period four prayers delivered occurred shortly plaintiffs began complaining town christian prayer practice nearly decade practice commenced see post precise two prayers delivered jewish layman one chairman congregation one wiccan priestess jewish wiccan prayer givers invited reached town inquire giving town apparently invited chairman initiative inclusivity meetings contrasts starkly exclusively prayers every year commendable appeals reasonably decided give controlling weight inclusivity arose response complaints presaged litigation continue following years second town made significant effort inform area houses worship possibility delivering opening prayer see post beginning instituted practice opening monthly board meetings prayer greece selected prayer givers follows initially town employees invited clergy religious organization listed community guide published greece chamber commerce town kept list clergy accepted invitations reinvited clergy give prayers future meetings time time town supplemented list response requests citizens new additions community guide town newspaper called greece post plaintiffs argue town intentionally discriminated choosing invite town claims plausibly allowed anyone asked give invocation rather evident reasons town consistently chose christian prayer givers buddhist jewish temples mentioned listed community guide greece post town limited list clergy almost exclusively representatives houses worship situated within greece town limits buddhist temple map within limits synagogues outside third context fact nearly prayers given reflected single denomination takes significance significance prayers jewish hindu buddhist denomination significance context religious minorities exist easily done include participation town chose nothing example posted policy permitting anyone give invocation website provides dates times upcoming town board meetings along minutes prior meetings announced inclusive policies beginning board meetings introducing month prayer giver provided information houses worship faiths lie outside borders include citizens greece among members given town easily made similar efforts chose fact prayers aside outliers given adherents single religion reflects lack effort include others take major point justice kagan related discussion see post fourth fact board meeting audience included citizens business conduct also contributes importance making effort include members denominations however automatically change nature meeting one opening prayer permissible establishment clause one cf post fifth normally government place rewrite parse critique language particular prayers always possible members one religious group find prayers groups perhaps even moment silence compatible faith despite risk constitution forbid opening prayers neither constitution forbid efforts explain give prayers nature occasion audience house representatives example provides guest chaplains following guidelines designed encourage sorts prayer consistent purpose invocation government body religiously pluralistic nation guest chaplain keep mind house representatives comprised members many different faith traditions length prayer exceed words prayer must free personal political views partisan politics sectarian controversies intimations pertaining foreign domestic policy app brief respondents town made effort promote similarly inclusive prayer practice see post justice kagan point nation many religions ante post constitution religion clauses seek protec nation social fabric religious conflict zelman breyer dissenting question case whether prayer practice town greece little reflect religious diversity citizens much even unintentionally promote political division along religious lines one principal evils first amendment intended protect lemon kurtzman seeking answer question see substitute exercise legal judgment van orden perry breyer concurring judgment applied legal judgment relevant facts conclude like justice kagan town greece failed make reasonable efforts include prayer givers minority faiths result although community several faiths prayer givers almost exclusively persons single faith circumstances affirm judgment appeals greece prayer practice violated establishment clause dissent decision contrary kagan dissenting town greece new york petitioner susan galloway et al writ certiorari appeals second circuit may justice kagan justice ginsburg tice breyer justice sotomayor join dissenting centuries people come country every corner world share blessing religious freedom constitution promises may worship way without fear penalty danger momentous offering yet constitution makes commitment still remarkable however individuals worship count full equal american citizens christian jew muslim forth stands relationship country state local communities every level body government person performs duties seeks benefits citizenship adherent one another religion simply american respectfully dissent opinion think town greece prayer practices violate norm religious equality breathtakingly generous constitutional idea public institutions belong less buddhist hindu methodist episcopalian contend principle translates bright separationist line contrary agree decision marsh chambers upholding nebraska legislature tradition beginning session chaplain prayer believe pluralism inclusion town hall satisfy constitutional requirement neutrality forum need become zone still town greece lose case practice issue differs one sustained marsh greece town meetings involve participation ordinary citizens invocations given directly citizens predominantly sectarian content still greece board nothing recognize religious diversity arranging clergy members open meeting town never sought except briefly suit filed involve accommodate way reach adherents religions month month decade prayers steeped one faith addressed toward members public commenced meetings discuss local affairs distribute government benefits view practice square first amendment promise every citizen irrespective religion owns equal share government begin see gone wrong town greece consider several hypothetical scenarios sectarian prayer taken straight case record infuses governmental activities none involves case proceeding characterized legislative session useful elaborate general principles instance assume true greece invocation given pursuant government policy representative prayers generally offered designated setting party case going trial let say filed suit government violating one legal rights judge bangs gavel call order asks minister come front room instructs individuals present rise opening prayer clergyman faces attendance says lord god creation acknowledge saving sacrifice jesus christ cross draw strength resurrection easter jesus christ took away sins world destroyed death dying rising restored life blessed raised lord jesus raise us turn put us side amen app judge asks lawyer begin trial election day head local polling place vote others wait give names receive ballots election official asks everyone join prayer says pray day guidance holy spirit vote let say father together father art heaven hallowed thy name thy kingdom come thy done earth heaven concludes makes sign cross appears wait expectantly prospective voters immigrant attending naturalization ceremony finally become citizen presiding official tells fellow applicants administering oath allegiance like minister pray pastor steps front room asks everyone bow heads recites ather son holy spirit due sense reverence awe come today seeking blessing wise god oh lord evidenced even plan redemption fulfilled jesus christ ask give freely abundantly wisdom one name lord savior jesus christ lives holy spirit one god ever ever amen hold government officials responsible practices prayer repeatedly invoking single religion beliefs settings crossed constitutional line every confidence agree see ante alito concurring even greece attorney conceded something like first hypothetical asked others violate first amendment see tr oral arg reason course nothing christianity opinion full christian prayers invocations offered town greece hypotheticals involved prayer religion outcome exactly suppose example government officials predominantly jewish community asked rabbi begin public functions chanting hear israel lord god lord one bind words sign upon hand let symbol eyes inscribe doorposts house gates assume officials mostly muslim town requested muezzin commence functions recitation adhan god greatest god greatest bear witness deity god bear witness muhammed messenger god instance question prayer single religion goes beyond constitutional pale one glaring problem government hypotheticals aligned placed imprimatur particular religious creed clearest command establishment clause held one religious denomination officially preferred another larson valente justices often differed issue whether clause applies governmental policies favoring religion kinds compare mccreary county american civil liberties union first amendment mandates governmental neutrality religion nonreligion scalia dissenting oft repeated assertion government favor religious practice generally false one disagreed much ur constitutional tradition declaration independence first inaugural address washington present day ruled order endorsement religion endorsement sectarian sense specifying details upon men women believe benevolent omnipotent creator ruler world known differ example divinity christ lee weisman scalia dissenting see also county allegheny american civil liberties union greater pittsburgh chapter whatever else establishment clause may mean means least government may demonstrate preference one particular sect creed including preference christianity religions authorizing overseeing prayers associated single religion exclusion others government officials hypothetical cases whether federal state local matter violated foundational principle embarked course religious favoritism anathema first amendment making matters still worse done place individuals come interact institutions processes government person goes polls naturalization ceremony government official minister asks first order official business stand pray others way conflicting religious beliefs perhaps feels sufficient pressure go along rise bow head join whatever others saying wants badly judge poll worker immigration official offer perhaps made stronger mettle opts participate believe indeed something like blasphemy must make known dissent common religious view place apart citizens well officials responsible invocations civic function kind brings religious differences fore public proceeding becomes whether intentionally instrument dividing adherents community majority religion altering nature relationship government country constitution permits citizen stands government whether perform service request benefit religious beliefs enter picture see thomas jefferson virginia act establishing religious freedom founders constitution kurland lerner eds pinion matters religion shall wise diminish enlarge affect civil capacities government faces favors particular religion either word deed government various processes proceedings imposes religious tests citizens sorts none faith permits exclusion based belief person goes polling place immigration proceeding go zoning agency parole board hearing dmv government officials engage sectarian worship ask likewise participate business government christians jews muslims americans none different civic purpose town meeting ii greece majority view everything discussed irrelevant case involves tradition legislative prayer outlined marsh chambers ante dispute town want give due right marsh legislative prayer distinctive constitutional warrant virtue tradition today describes long history stretching back first session congress chaplains began give prayers chambers ha shown prayer limited context principles disestablishment religious freedom ante quoting marsh relying unbroken national tradition marsh upheld think correctly nebraska legislature practice opening day chaplain prayer tolerable acknowledgment beliefs widely held among people country agree majority issue whether prayer practice town greece fits within tradition long followed congress state legislatures ante depart majority reply question town hall kind hybrid greece board indeed legislative functions congress state assemblies means opening prayers allowed much hypotheticals board meetings also occasions ordinary citizens engage petition government often highly individualized matters feature calls board members exercise special care ensure prayers offered inclusive respect every member community equal board clergy members selected made effort instead prayers given greece addressed directly town citizenry sectarian less inclusive anything sustained marsh reasons prayer greece departs legislative tradition majority takes benchmark start comparing two pictures drawn precisely reality first nebraska unicameral legislature state senators described second town council meetings greece revealed case record morning nebraska senators beginning gather state legislative chamber beginning official workday although senators may yet need floor see chambers marsh supp neb lee chaplain rises give daily invocation prayer senators emphasized case came directed legislative membership public large brief petitioners marsh members public happen attendance many early hour watch upstairs visitors gallery see app marsh senator testimony practical matter public usually prayer longtime chaplain says something like following excerpt amicus brief supporting greece case god given persons talents varying capacities thou dost require us utilize thy gifts maximum legislature thou entrusted special abilities opportunities may recognize stewardship people state brief robert palmer chaplain presbyterian minister earlier prayers explicitly invoked christian beliefs removed references christ single legislator complained marsh brief petitioners marsh chaplain also previously invited clergy members give invocation including local rabbis see ibid change channel evening greece new york supervisor town board calls monthly public meeting order meetings says board important part town government see town greece town board online http visited may available clerk case file serve assorted functions almost actively involving members public board may swear new town employees hand awards civic accomplishments always provides opportunity called public forum citizens address local issues ask improved services new policies example better accommodations disabled actions ameliorate traffic congestion see pl exhs wdny usually hears debate individual applications residents local businesses obtain special permits zoning variances licenses town supervisor town clerk chief police four board members sit front meeting room raised dais setting intimate likely citizens attendance may children teenagers present receive award fulfill high school civics requirement first order business town supervisor introduces local christian clergy member denominated chaplain month lead assembled persons prayer pastor steps lectern emblazoned town seal front dais back town officials faces citizens present asks stand pray begin evening town meeting app suggest anyone feel free participate says beauties spring expressive symbol new life risen christ holy spirit sent apostles pentecost courageous witnesses good news different regions mediterranean world beyond holy spirit continues inspiration source strength virtue need world today pray evening guidance holy spirit greece town board meets ibid pastor concludes town officials behind make sign cross members audience everyone says amen see supervisor announces start public forum citizen stands complain town contract cable company see app let count ways pictures diverge first governmental proceedings prayers occur differ significantly nature purpose nebraska legislature floor sessions like congress state assemblies elected lawmakers members public take part proceedings attend spectators watching visitors gallery respect note neither nebraska legislature congress calls prayer citizens participate hearing say giving testimony relevant bill nomination greece town meetings contrast revolve around ordinary members community every aspect sessions provides opportunities town residents interact public officials important parts enable citizens petition government public forum urge oppose changes board policies priorities essentially adjudicatory hearings request board grant deny applications various permits licenses zoning variances meetings design operation allow citizens actively participate town governance sharing concerns airing grievances shaping community policies seeking benefits second following said prayers two settings different audiences nebraska legislature chaplain spoke elected representatives nebraska senators adamant point briefing marsh facts fully supported senators stated activity matter internal daily procedure directed legislative membership members public brief petitioners marsh see reply brief petitioners marsh prayer practice involves function power government nebraska citizenry merely concerns internal decision nebraska legislature daily procedure conducts affairs true congress suspect every state legislature see brief members congress amici curiae consistent fact attending citizens mere passive observers prayers house delivered representatives citizens several justices later noted majority today agrees see ante marsh involved government officials invok ing spiritual inspiration entirely benefit without directing religious message citizens lead lee souter concurring opposite true greece contrary majority characterization see ante prayers directed squarely citizens remember chaplain month stands back town board real audience group facing members public perhaps including children see supra typically addresses people even majority observes though directing congregation ante almost always begins version let us pray together see app often calls everyone stand bow heads may ask recite common prayer see refers constantly collective savior example presence holy spirit lives brother lord jesus christ see essence chaplain leads first part town meeting highly intimate albeit relatively brief prayer service public serving congregation third prayers differ content character marsh characterized prayers nebraska legislature tradition stated relevant even dispositive part analysis chaplain removed explicitly christian references senator request majority acknowledges see ante marsh hinged view prayer opportunity ha exploited proselytize advance one faith belief otherwise reached different decision one fairly read prayers greece town meetings anything explicitly christian constantly exclusively time greece established prayer practice litigation loomed nine years later monthly chaplains christian clergy brief spell surrounding filing suit jewish layman wiccan priestess minister appeared meetings town resumed practice inviting clergy neighboring protestant catholic churches see app prayers given decade invoked jesus christ son holy spirit months record closed included references see generally many prayers contained elaborations christian doctrine recitations scripture see life death resurrection ascension savior jesus christ full extent kindness shown unworthy forever demonstrated unto us child born unto us son given government shall upon shoulder prayers usually close phrases like name jesus christ name son see still prayers betray understanding american community today long rich mosaic religious faiths see braunfeld brown plurality opinion recognizing even half century ago cosmopolitan nation made people almost every conceivable religious preference monthly chaplains appear almost always assume everyone room christian kind objection town never urged chaplains reach members faiths even recall might present accordingly chaplains made effort inclusive none thought even assure attending members public need participate prayer session indeed majority forthrightly recognizes see ante plaintiffs began voice concern prayers excluded town residents one pastor pointedly thanked board behalf people holding fast another declared objectors minority ignorant history country app three differences taken together remove case protective ambit marsh history relied recap marsh upheld prayer addressed legislators alone proceeding citizens role even proselytize advance single religion legislative prayer practice every prayer body exercising legislative function found constitutional given unambiguous unbroken history approved practice shown greece none history marsh cited none majority details today supports calling citizens pray manner consonant single religion beliefs participatory public proceeding legislative adjudicative components use majority phrase history shows th specific practice permitted ante contra majority greece prayers simply ride constitutional coattails legislative tradition marsh described board practice must particulars meet constitutional requirements guideposts addressing inquiry include principles religious neutrality discussed earlier see supra government whether federal state local may favor align particular creed nowhere true officials citizens come face face shared institutions governance performing civic functions seeking civic benefits person nation must experience government belongs one irrespective belief part government must ensure participatory processes classify citizens faith make relevant religious differences decide greece fares score think prayer practice works meeting meeting case think fair bit common earlier hypotheticals see supra let say muslim citizen greece goes board share views policy request permit maybe wants board put traffic light dangerous intersection maybe needs zoning variance build addition home gets say piece minister deputized town asks pray name god son jesus christ app must think hardly paranoia truth christian worship become entwined local governance faces choice pray alongside majority one group somehow register deeply felt difference strong person easy call especially given room small every action inaction noticed wish rude neighbors wish aggravate board members soon trying persuade yet want acknowledge christ divinity many neighbors want deny tenet assume declines participate others first act meeting even majority proposes stands leaves room altogether see ante least becomes different kind citizen one join religious practice town board chosen reflecting community cherished beliefs thus stands remove based solely religion fellow citizens elected representatives everything situation think infringes first amendment course noted earlier less town clergy always used liturgy religion see supra town board selects month month year year prayergivers reliably speak voice christianity places behind single creed offering sectarian prayers board chosen clergy members repeatedly call individuals prior participating local governance join form worship may odds beliefs clergy thus put residents unenviable choice either pretending pray like majority declining join communal activity moment petitioning elected leaders practice thus divides citizenry creating one class shares board evident religious beliefs another far smaller class practice also alters dissenting citizen relationship government making religious difference salient seeks engage elected representatives citizen none means greece town hall must religious people marsh observed prayer draws warrant tradition town hall well congress state legislature see supra circumstances demand recognition pluralistic people citizens faiths come speak elected representatives legislative session government must take especial care ensure prayers hear seek include rather serve divide required much crucial treat every citizen whatever religion equal participant government contrary majority justice alito view see ante ante difficult town board let chaplains know speak nonsectarian terms common diverse religious groups one valid grounds complaint see joyner forsyth county wilkinson prayers show different creeds end kindred spirits respect paid higher providence belief importance religious faith priests ministers rabbis imams give invocations time great mystery project providing guidance hardly caused board run afoul idea first amendment majority rule headspinningly suggests ante board refusal reach members minority religious groups board preferred might invited clergy many faiths serve chaplains majority notes congress see ante one month clergy member refers jesus next allah jehovah majority hopefully though counterfactually suggests happened see ante government identify one religion align faith citizens effect even sectarian prayer transformed greece multiple ways incorporating prayer town meetings reflecting ways prayer us know daily life forge common bonds rather divide see also ante breyer dissenting greece infuse participatory government body one one faith month month citizens appearing become partly defined creed share community majority religious belief country citizens go government go christians muslims jews americans grecians means equal citizen irrespective religion town greece precluded identifying single faith iii majority go far astray allowing town greece turn assemblies citizens forum christian prayer answer lie first principles doubt every member believes firmly institutions government belong equally regardless faith rather error reflects two kinds blindness first majority misapprehends facts case distinct characterizing traditional legislative prayer second majority misjudges essential meaning religious worship greece town hall along capacity exclude divide facts matter constitutional issue indeed majority acknowledges requisite inquiry one turns setting prayer arises audience directed ante majority glides right considerations least relate town greece majority analyzes setting audience prayer focuses almost exclusively congress nebraska legislature see ante stop analyze far factors differ greece meetings majority thus gives short shrift gap like chasm legislative floor session involving elected officials town hall revolving around ordinary citizens similarly majority neglects consider prayers greece mostly addressed members public rather forums discusses lawmakers district marsh majority expounds described prayer exercise internal act directed nebraska legislature members ante quoting chambers marsh see ante similarly noting nebraska senators invoke spiritual inspiration entirely benefit prayer congress religious worship national representatives well yes lincoln capitol hill greece described chaplain faces town residents board watching high calls pray together see supra course majority sidesteps well pray name jesus christ addressing sectarian content prayers majority changes subject preferring explain happens government bodies majority notes example congress welcom es ministers many creeds commonly speak values count universal ante context majority opines fact hat prayer given name jesus allah jehovah remove marsh protection see ante case one shown greece christian clergy members speak mostly voice religion allah jehovah ever mentioned see supra majority point town practice board maintains policy nondiscrimination represent welcome prayer minister layman wishe give one ante representation never publicized board except months surrounding suit filing offered chaplain role clergy layman either greece environs board ever provided chaplains guidance reaching members faiths state legislatures congress see supp wdny national conference state legislatures inside legislative process prayer practices ante breyer dissenting majority thus errs assimilating board prayer practice congress nebraska legislature unlike models board determinedly relentlessly month month sectarianism board chose meetings belies majority refrain prayers greece ceremonial nature ante ceremonial references divine surely abound majority right pledge allegiance inaugural prayer recitation save honorable fits bill ante prayers evoking saving sacrifice jesus christ cross plan redemption fulfilled jesus christ life death resurrection ascension savior jesus christ workings holy spirit events pentecost belief god raised lord jesus raise us turn put us side see app statements profound belief deep meaning subscribed many denied speak depths one life source one one ultimate concern one take seriously without reservation tillich shaking foundations central tenets religions ever become mere ceremony country fundamentally different think poorer place live reason message majority opinion big deal anyway mistaken content greece prayers big deal christians alike person response doctrine language imagery contained invocations reveals core aspect identity person faces world responses different individuals greece across country course vary contrary majority apparent view sectarian prayers part expressive idiom part heritage tradition assuming word refers americans ante express beliefs fundamental foreign others carry potential exclude divide majority think assesses lightly significance religious differences fears little religiously based divisiveness establishment clause seeks avoid van orden perry breyer concurring judgment treat seriously multiplicity americans religious commitments along challenge pose project distinctively american project creating one many governing iv george washington traveled newport rhode island longtime bastion religious liberty home first community american jews among citizens met moses seixas one congregation lay officials ensuing exchange two conveys well anything know promise country makes members every religion seixas wrote first welcoming washington newport spoke deep sense gratitude new american government government bigotry gives sanction persecution assistance generously affording liberty conscience immunities citizenship deeming every one whatever nation tongue language equal parts great governmental machine address newport hebrew congregation pgw mastromarino ed first phrase poetic government bigotry gives sanction persecution assistance second actually startling transformative government beyond aiding persecution grants immunities citizenship christian jew alike makes equal parts whole country washington responded next day like successful politician appreciated great line saw one knew borrow repeated word word seixas phrase neither sanctioning bigotry assisting persecution less embraced point seixas made equality citizenship washington said toleration spoken indulgence one class people another lesser one possess alike immunities citizenship letter newport hebrew congregation pgw america promise first amendment full equal membership polity members every religious group assuming like anyone live government protection demean good citizens ibid remarkable guarantee means least much citizens country approach government americans one faith another means even partly legislative body confront worship divides along religious lines believe reasons given town greece betrayed promise therefore respectfully dissent decision footnotes chief justice justice alito join opinion full justice scalia justice thomas join opinion except part footnotes see assn statisticians religious bodies grammich et religion census religious congregations membership study appears one house worship buddhist temple within town borders listed town directory supp although located within town borders temple rochester mailing address respondents lived town thirty years neither personally familiar mosques synagogues temples places worship within town example rabbi first delivered prayer session house representatives appeared full rabbinic dress bedecked white tallit large velvet skullcap prayer invoked several uniquely jewish themes repeated biblical priestly blessing hebrew see brief nathan lewin amicus curiae many rabbis given distinctively jewish prayers distinctively islamic buddhist hindu prayers also delivered see ante see prayer practice saginaw city council michigan described letter freedom religion foundation city manager saginaw city council online http saginaw internet materials visited may available clerk case file prayer practice cobb county commissions georgia described pelphrey cobb county supp nd example recent presidential inauguration minister faced assembly onlookers national mall began words cong rec see generally brief robert palmer amicus curiae nebraska legislature chaplain issue marsh describing prayers routinely referring christ bible holy days see also chambers marsh supp neb rule nebraska legislature requires member shall present within legislative chamber meetings legislature unless excused unless excuse nonattendance deemed sufficient legislature member may compelled necessary sending sergeant arms alterations original wills inventing america jefferson declaration independence cousins god trust religious beliefs ideas american founding fathers puls samuel adams father american revolution letter abigail adams adams familiar letters john adams wife abigail adams revolution ibid see wills supra miller sam adams stoll samuel adams life adams supra ibid ibid see wells life public services samuel adams miller supra burnett continental congress puls supra first prayer continental congress online http annals cong cord separation church state historical fact current fiction annals cong labunski james madison struggle bill rights footnotes never squarely addressed barriers incorporation establishment clause issue first presented everson board ed ewing casually asserted fourteenth amendment interpreted make prohibitions first applicable state action abridging religious freedom every reason give application broad interpretation religion clause omitted cases cited support proposition involved free exercise clause incorporated seven years earlier cantwell connecticut establishment clause collecting cases thus space single paragraph nonresponsive string citation everson glibly effected sea change constitutional law inattention doctrinal questions might explained although excused rise popular conceptions separation church state american constitutional right see generally hamburger separation church state see also discussing role nativist sentiment campaign separation american ideal see del art man shall compelled attend religious worship contribute erection support place worship maintenance ministry free consent art one shall hurt molested restrained person liberty estate worshiping god manner season agreeable dictates conscience mo art person compelled erect support attend place worship maintain minister gospel teacher religion art man shall compelled frequent support religious worship place ministry except fulfillment voluntary contract vt ch man right compelled attend religious worship erect support place worship maintain minister contrary dictates conscience footnotes principle meant much founders today demand neutrality among religions product century political correctness century view rendered less wise time george washington words eligious controversies always productive acrimony irreconciliable hatreds spring cause letter edward newenham june papers george washington presidential series haggard mastromarino eds hereinafter pgw age almost one country christian one kind another washington consistently declined use language imagery associated religion see brief paul finkelman et al amici curiae noting example revising first inaugural address washington deleted phrase blessed religion revealed word god understood denote christianity thomas jefferson followed practice throughout life explained omitted reference jesus christ virginia bill establishing religious freedom precursor establishment clause order comprehend within mantle law protection jew gentile christian mahometan hindoo infidel every denomination writings thomas jefferson ford ed james madison used nonsectarian language writings addresses warned religious proclamations might strictly guarded express creed majority single sect madison detached memoranda wm mary quarterly justice alito questions point bears repeating remotely contend prayer allowed participatory meetings local government legislative bodies logical thrust argument make ante rather say throughout opinion venue government officials must take steps ensure none greece board members ever opening prayers inclusive different faiths rather always identified single religion ease reference avoid confusion refer justice kennedy opinion majority language cite appears part opinion fact attributable plurality leaders several baptist christian congregations explained many christians believe freedom conscience violated pressured participate government prayer acts worship performed voluntarily brief baptist joint committee religious liberty et al amici curiae justice alito similarly falters attempting excuse town board constant sectarianism concurring opinion takes great pains show problem arose sort bureaucratic glitch town clerks writes merely bad job compiling list chaplains ante see ante suppose one question account raises decade member board noticed clerk list producing prayers one kind put aside honest oversight problem remains every month decade board aligned prayer practices single religion concurring opinion thinks objection really quite niggling ante says say difference respective views