marsh chambers argued april decided july nebraska legislature begins sessions prayer chaplain paid state legislature approval respondent member nebraska legislature brought action federal district claiming legislature chaplaincy practice violates establishment clause first amendment seeking injunctive relief district held establishment clause breached prayer violated paying chaplain public funds accordingly enjoined use funds pay chaplain appeals held whole chaplaincy practice violated establishment clause accordingly prohibited state engaging aspect practice held nebraska legislature chaplaincy practice violate establishment clause pp practice opening sessions congress prayer continued without interruption almost years ever since first congress drafted first amendment similar practice followed century nebraska many historical patterns standing alone justify contemporary violations constitutional guarantees historical evidence context case sheds light drafters first amendment intended establishment clause mean also thought clause applied chaplaincy practice authorized first congress applying first amendment fourteenth amendment incongruous interpret clause imposing stringent first amendment limits draftsmen imposed federal government light history doubt practice opening legislative sessions prayer become part fabric society invoke divine guidance public body entrusted making laws circumstances violation establishment clause simply tolerable acknowledgment beliefs widely held among people country pp weighed historical background facts clergyman one denomination selected nebraska legislature years chaplain paid public expense prayers tradition serve invalidate nebraska practice pp burger delivered opinion white blackmun powell rehnquist joined brennan filed dissenting opinion marshall joined post stevens filed dissenting opinion post shanler cronk assistant attorney general nebraska argued cause petitioners briefs paul douglas attorney general herbert friedman argued cause respondent brief stephen pevar burt neuborne charles sims solicitor general lee assistant attorney general mcgrath deputy solicitor general geller kathryn oberly leonard schaitman michael jay singer filed brief amicus curiae urging reversal briefs amici curiae urging affirmance filed nathan dershowitz marc stern american jewish congress david eiseman justin finger jeffrey sinensky league thomas gies jon garth murray et al lanny proffer filed brief national conference state legislatures amicus curiae chief justice burger delivered opinion question presented whether nebraska legislature practice opening legislative day prayer chaplain paid state violates establishment clause first amendment nebraska legislature begins sessions prayer offered chaplain chosen biennially executive board legislative council paid public funds robert palmer presbyterian minister served chaplain since salary per month month legislature session ernest chambers member nebraska legislature taxpayer nebraska claiming nebraska legislature chaplaincy practice violates establishment clause first amendment brought action seeking enjoin enforcement practice denying motion dismiss ground legislative immunity district held establishment clause breached prayers violated paying chaplain public funds supp neb therefore enjoined legislature using public funds pay chaplain declined enjoin policy beginning sessions prayers taken appeals eighth circuit rejected arguments case dismissed tenth amendment legislative immunity standing federalism grounds merits chaplaincy issue refused treat respondent challenges separable issues district done instead appeals assessed practice whole arsing elements lead incongruous result applying test lemon kurtzman set committee public education religious liberty nyquist held chaplaincy practice violated three elements test purpose primary effect selecting minister years publishing prayers promote particular religious expression use state money compensation publication led entanglement accordingly appeals modified district injunction prohibited state engaging aspect established chaplaincy practice granted certiorari limited challenge practice opening sessions prayers clergyman reverse ii opening sessions legislative deliberative public bodies prayer deeply embedded history tradition country colonial times founding republic ever since practice legislative prayer coexisted principles disestablishment religious freedom courtrooms district judge later three circuit judges heard decided case proceedings opened announcement concluded god save honorable invocation occurs sessions tradition many colonies course linked established church continental congress beginning adopted traditional procedure opening sessions prayer offered paid chaplain see continental cong see also stokes church state although prayers offered constitutional convention first congress one early items business adopted policy selecting chaplain open session prayer thus april senate appointed committee take consideration manner electing chaplains april similar committee appointed house representatives april senate elected first chaplain house followed suit may statute providing payment chaplains enacted law september annals cong stat september three days congress authorized appointment paid chaplains final agreement reached language bill rights supra supra clearly men wrote first amendment religion clauses view paid legislative chaplains opening prayers violation amendment practice opening sessions prayer continued without interruption ever since early session congress also followed consistently including nebraska institution opening legislative sessions prayer adopted even state attained statehood neb jour council general assembly standing alone historical patterns justify contemporary violations constitutional guarantees far simply historical patterns context historical evidence sheds light draftsmen intended establishment clause mean also thought clause applied practice authorized first congress actions reveal intent act passed first congress assembled constitution many whose members taken part framing instrument contemporaneous weighty evidence true meaning wisconsin pelican ins obviously correct one acquires vested protected right violation constitution long use even span time covers entire national existence indeed predates yet unbroken practice something lightly cast aside unique history leads us accept interpretation first amendment draftsmen saw real threat establishment clause arising practice prayer similar challenged conclude legislative prayer presents potential establishment provision school transportation everson board education beneficial grants higher education tilton richardson tax exemptions religious organizations walz supra respondent cites justice brennan concurring opinion abington school dist schempp argues rely heavily advice founding fathers messages history often tend ambiguous relevant society far heterogeneous framers respondent also points john jay john rutledge opposed motion begin first session continental congress prayer brief respondent agree evidence opposition measure weakens force historical argument indeed infuses power demonstrating subject considered carefully action taken thoughtlessly force long tradition without regard problems posed pluralistic society jay rutledge specifically grounded objection fact delegates congress divided religious sentiments join act worship objection met samuel adams stated bigot hear prayer gentleman piety virtue time friend country adams familiar letters john adams wife abigail adams revolution reprinted stokes interchange emphasizes delegates consider opening prayers proselytizing activity symbolically placing government official seal approval one religious view cf rather founding fathers looked invocations conduct whose effect harmonize tenets religions mcgowan maryland establishment clause always bar state regulating conduct simply harmonizes religious canons frankfurter concurring individual claiming injury practice adult presumably readily susceptible religious indoctrination see tilton supra colo treasurer receiver general mass peer pressure compare abington supra brennan concurring light unambiguous unbroken history years doubt practice opening legislative sessions prayer become part fabric society invoke divine guidance public body entrusted making laws circumstances establishment religion step toward establishment simply tolerable acknowledgment beliefs widely held among people country justice douglas observed religious people whose institutions presuppose zorach clauson iii turn question whether features nebraska practice violate establishment clause beyond bare fact prayer offered three points made first clergyman one denomination presbyterian selected years second chaplain paid public expense third prayers tradition weighed historical background factors serve invalidate nebraska practice appeals concerned palmer long tenure effect giving preference religious views members congresses century perceive suggestion choosing clergyman one denomination advances beliefs particular church contrary evidence indicates palmer reappointed performance personal qualities acceptable body appointing palmer clergyman heard legislature guest chaplains officiated request various legislators substitutes palmer absences tr oral arg absent proof chaplain reappointment stemmed impermissible motive conclude long tenure conflict establishment clause compensation chaplain public funds reason invalidate nebraska legislature chaplaincy remuneration grounded historic practice initiated noted earlier supra congress drafted establishment clause first amendment continental congress paid chaplain see continental cong see debates convention virginia june currently many state legislatures congress provide compensation chaplains brief national conference state legislatures amicus curiae ed res sess nebraska paid chaplain well century see neb laws june reprinted neb stat content prayer concern judges indication prayer opportunity exploited proselytize advance one disparage faith belief us embark sensitive evaluation parse content particular prayer doubt sincerity like respondent believe prayer context risks beginning establishment founding fathers feared concern well founded justice goldberg aptly observed concurring opinion abington course true great consequences grow small beginnings measure constitutional adjudication ability willingness distinguish real threat mere shadow judgment appeals reversed footnotes respondent named defendants state treasurer frank marsh chaplain palmer members executive board legislative council official capacity appear petitioners us district also enjoined state using public funds publish prayers holding practice violated establishment clause petitioners represented us challenge facet district decision tr oral arg accordingly issue publishing prayers us petitioners also sought review tenth amendment federalism immunity claims however challenge appeals decision standing agree chambers member legislature taxpayer whose taxes used fund chaplaincy standing assert claim practice colonies established churches course dispositive legislative prayer question history virginia instructive however colony took lead defining religious rights virginia convention adopted declaration rights included article guarantee religious liberty considered precursor free exercise establishment clauses schwartz bill rights documentary history cobb rise religious liberty america virginia also among first disestablish church disestablishment however virginia followed practice opening legislative session prayer see house burgesses debates convention virginia june ratification convention house delegates june state legislature rhode island experience mirrored virginia colony founded roger williams among first era espouse principle religious freedom cobb supra early legislature provided liberty conscience yet sessions ratification convention like virginia began prayers see staples rhode island continental congress reprinting may minutes convention history suggests may simply oversight one point benjamin franklin suggested henceforth prayers imploring assistance heaven blessings deliberations held assembly every morning proceed business farrand records federal convention proposal rejected convention opposed prayer thought midstream adoption policy highlight prior omissions convention funds ibid see also stokes statute provided shall allowed chaplain congress five hundred dollars per annum session congress bears note james madison one principal advocates religious freedom colonies drafter establishment clause see cobb supra stokes one appointed undertake task house representatives stokes voted bill authorizing payment chaplains annals cong interestingly september also day house resolved request president set aside thanksgiving day acknowledge many signal favors almighty god see also chaplaincy challenged sundry petitions praying congress abolish office chaplain consideration senate committee judiciary senate decided practice violate establishment clause reasoning rule permitting congress elect chaplains law establishing national church chaplaincy different sunday closing laws senate thought clearly constitutional addition senate reasoned since prayer said congress adopted bill rights founding fathers intended first amendment forbid legislative prayer viewed prayer step toward established church event congress abandoned practice electing chaplains favor inviting local clergy officiate see cong globe elected chaplains reinstituted congress cong globe see brief national conference state legislatures amicus curiae although state legislatures begin sessions prayer formal rule requiring procedure see alaska legislature uniform rules providing opening invocation ark rule senate legislator handbook rule idaho rules joint rules ind rule rule senate rule general assembly res la rules order senate rule la rules order rule senate house register rule md senate house delegates rules mo rules legislature joint rule manual general rule senate rules rule senate rule opening session code code official directory rules senate joint rule senate house tenn permanent rules order senate provides admission senate chamber chaplain day tex rule utah rules senate manual senate house delegates rule senate session opens period devotions wash permanent rule wyo rule senate wyo rule see also mason manual legislative procedure also noted objections prayer raised apparently successfully pennsylvania ratification constitution debated penn herald madison expressed doubts concerning chaplaincy practice see pfeffer church state freedom rev ed citing fleet madison detached memoranda wm mary quarterly comparison first congress provided appointment two chaplains different denominations alternate two chambers weekly basis ed palmer characterizes prayers nonsectarian judeo christian elements american civil religion app deposition robert palmer although earlier prayers often explicitly christian palmer removed references christ complaint jewish legislator also claimed nebraska practice collecting prayers books violates first amendment state appeal district order enjoining publications see supra issue us express opinion nebraska practice consistent manner first congress viewed chaplains reports contemporaneous elections reported chaplains names religions church affiliations see gazette apr apr listing nominees chaplain house may see also supra note edward elson served chaplain senate january february period years frederick brown harris served february january period years senate library chaplains federal government rev ed practices differ widely like nebraska several choose chaplain serves entire legislative session prayer offered different clergyman day either system pay chaplains others providing compensation statutorily resolution see cal code ann west res sess gen assembly stat ann res res iowa code mo rev stat rev stat stat ann west art iv stat tit west supp stat tit supp stat ann west supp justice brennan justice marshall joins dissenting today written narrow whole careful opinion effect holds officially sponsored legislative prayer primarily account unique history ante generally exempted first amendment prohibition establishment religion opinion consistent dictum least one prior decisions limited rationale pose little threat overall fate establishment clause moreover disagreement requires confront fact years ago concurring opinion one cases striking official prayer ceremonial bible reading public schools came close endorsing essentially result reached today nevertheless much reflection come conclusion wrong wrong today believe practice official invocational prayer exists nebraska state legislatures unconstitutional contrary doctrine well underlying purposes establishment clause saved either history considerations suggested opinion respectfully dissent makes pretense subjecting nebraska practice legislative prayer formal tests traditionally structured inquiry establishment clause fails sense good thing simply confirms carving exception establishment clause rather reshaping establishment clause doctrine accommodate legislative prayer purposes however must begin demonstrating obvious judge legislative prayer unsentimental eye settled doctrine strike clear violation establishment clause commonly cited formulation prevailing establishment clause doctrine found lemon kurtzman every analysis area must begin consideration cumulative criteria developed many years three tests may gleaned cases first statute issue must secular legislative purpose second principal primary effect must one neither advances inhibits religion finally statute must foster excessive government entanglement religion citations omitted primary effect legislative prayer also clearly religious said context officially sponsored prayers public schools prescribing particular form religious worship even individuals involved choice participate places indirect coercive pressure upon religious minorities conform prevailing officially approved religion engel vitale importantly invocations nebraska legislative halls explicitly link religious belief observance power prestige state mere appearance joint exercise legislative authority church state provides significant symbolic benefit religion minds reason power conferred larkin grendel den see abington school dist schempp finally doubt practice legislative prayer leads excessive entanglement state religion lemon pointed entanglement take two forms first state statute program might involve state impermissibly monitoring overseeing religious affairs case legislative prayer process choosing suitable chaplain whether permanent rotating basis insuring chaplain limits suitable prayers involves precisely sort supervision agencies government possible avoid second excessive entanglement might arise divisive political potential state statute program ordinarily political debate division however vigorous even partisan normal healthy manifestations democratic system government political division along religious lines one principal evils first amendment intended protect potential divisiveness conflict threat normal political process ibid citations omitted sum doubt group law students asked apply principles lemon question legislative prayer nearly unanimously find practice unconstitutional ii path formal doctrine however imperfectly capture nature importance issues stake case adequate analysis must therefore take account underlying function establishment clause forces shaped doctrine provisions bill rights even generally enforceable absence state action nevertheless arise moral intuitions applicable individuals well governments establishment clause however quite different core nothing less nothing statement proper role government society shaped land establishment clause embodies judgment born long turbulent history society religion must private matter individual family institutions private choice lemon kurtzman government democracy state national must neutral matters religious theory doctrine practice may hostile religion advocacy may aid foster promote one religion religious theory another even militant opposite first amendment mandates governmental neutrality religion religion religion epperson arkansas omitted words jefferson clause establishment religion law intended erect wall separation church state everson board education quoting reynolds first closely related general conceptions liberty found remainder first amendment guarantee individual right conscience right conscience religious sphere implicated government engages direct indirect coercion also implicated government requires individuals support practices faith agree compel man furnish contributions money propagation religious opinions disbelieves sinful tyrannical even forcing support teacher religious persuasion depriving comfortable liberty giving contributions particular pastor whose morals make pattern everson board education supra quoting virginia bill religious liberty hening statutes virginia third purpose separation neutrality prevent trivialization degradation religion close attachment organs government establishment clause stands expression principle part founders constitution religion personal sacred holy permit unhallowed perversion civil magistrate engel vitale quoting memorial remonstrance religious assessments writings madison see also schempp brennan concurring finally principles separation neutrality help assure essentially religious issues precisely importance sensitivity become occasion battle political arena see lemon board education allen harlan concurring engel supra regard issues government may influenced partisan argument may act partisan case winners losers political battle losers common recourse right dissent right fight battle another day regard matters essentially religious however establishment clause seeks political battles american point feel alienated government government declared acted upon official authorized point view matter religion imperatives separation neutrality limited relationship government religious institutions denominations extend well relationship government religious beliefs practices torcaso watkins example struck state provision requiring religious oath qualification hold office violated principles free exercise religion also violated principles nonestablishment religion course pair cases hang one like reproachful set parents held official prayer prescribed bible reading public schools represent serious encroachment establishment clause schempp supra engel supra said engel neither sacrilegious say separate government country stay business writing sanctioning official prayers leave purely religious function people people choose look religious guidance omitted thought view establishment clause recent concoction overreaching judiciary even first amendment written framers constitution broke practice articles confederation many state constitutions invoke name god document omission reference deity inadvertent remain unnoticed moreover thomas jefferson andrew jackson respective terms president refused establishment clause grounds declare national days thanksgiving fasting james madison writing subsequent presidency essentially issue face today stated appointment chaplains two houses congress consistent constitution pure principle religious freedom strictness answer points must negative constitution forbids everything like establishment national religion law appointing chaplains establishes religious worship national representatives performed ministers religion elected majority paid national taxes involve principle national establishment applicable provision religious worship constituent well representative body approved majority conducted ministers religion paid entire nation fleet madison detached memoranda wm mary quarterly legislative prayer clearly violates principles neutrality separation embedded within establishment clause contrary fundamental message engel schempp intrudes right conscience forcing legislators either participate prayer opportunity ante basic disagreement make disagreement matter public comment declining participate forces residents state support religious exercise may contrary beliefs requires state commit fundamental theological issues potential degrading religion allowing religious call worship intermeshed secular call order injects religion political sphere creating potential every selection chaplain consideration particular prayer even reconsideration practice provoke political battle along religious lines ultimately alienate religiously identified group citizens one response foregoing account course neutrality separation exhaust full meaning establishment clause developed cases indeed true certain tensions inherent first amendment inherent role religion religious belief free society shaped doctrine establishment clause required us deviate absolute adherence separation neutrality nevertheless considerations although important also quite specific none present establishment clause gives us warrant simply look way treat unconstitutional practice constitutional occasionally suggests considerations might apply becomes important briefly identify prominent explain fact relevance legislative prayer number cases recognized religious institutions religious practices may certain contexts receive benefit government programs policies generally available basis secular criterion wide class similarly situated nonreligious beneficiaries precise cataloging contexts necessarily easy task need tarry long however provision daily official invocation nonmember officer legislative body stretch imagination appear anywhere catalog conversely cases recognized religion encompass broad total spectrum concerns overlapping considerably range secular concerns every governmental act coincides conflicts particular religious belief reason establishment religion see mcgowan maryland sunday laws harris mcrae abortion restrictions seems suggest one point practice legislative prayer may excused ground ante really believe takes position seriously practice legislative prayer nothing like statutes considered mcgowan harris mcrae prayer merely conduct whose effect harmonize tenets religions mcgowan supra prayer fundamentally necessarily religious prayer distinguishes religious phenomena resemble lie near moral sense instance aesthetic feeling accord engel also recognized government without adopting decidedly point view forbidden recognize religious beliefs practices american people aspect history culture certainly bona fide classes comparative religion offered public schools certainly text abraham lincoln second inaugural address inscribed wall lincoln memorial need purged profound theological content practice offering invocations legislative sessions however simply dismissed tolerable acknowledgment beliefs widely held among people country ante emphasis added prayer religion act praying means take hold word end speak line leads god reverend palmer members clergy offer invocations legislative sessions museum pieces put display day edification legislature rather engaged legislature lead body act religious worship upholding practice requires denial fact suspect many supporters legislative prayer feel handed pyrrhic victory cases recognized purposes establishment clause sometimes conflict example walz tax upheld tax exemptions religious institutions part subjecting institutions taxation might foster serious administrative entanglement however tension exists state vindicate purposes establishment clause abolishing legislative prayer finally cases recognize one important respect constitution neutral subject religion free exercise clause religiously motivated claims conscience may give rise constitutional rights strongly held beliefs see supra moreover even government compelled free exercise clause may extent act facilitate opportunities individuals practice religion see schempp brennan concurring hostility neutrality characterize refusal provide chaplains places worship prisoners soldiers cut state civilian opportunities public communion however case state accommodating individual religious interests faced right legislature allow members offer prayers course general legislative debate certainly faced right legislators form voluntary groups prayer worship even faced right state employ members clergy minister private religious needs individual legislators rather faced regularized practice conducting official prayers behalf entire legislature part order business constituting formal opening every single session legislative term free exercise establishment clause meaning whatsoever iii exception lapses already noted commendably qualified limited facts case says almost nothing contrary analysis instead holds practice opening legislative sessions prayer become part fabric society ante chooses interfere sympathize reluctance strike practice prevalent ingrained legislative prayer however unconvinced arguments shake conviction legislative prayer violates letter spirit establishment clause main argument carving exception sustaining legislative prayer historical purport find pattern undeviating acceptance walz supra brennan concurring legislative prayer see ante supra also disclaims exclusive reliance mere longevity legislative prayer ante however point three days first congress reached agreement final wording bill rights authorized appointment paid chaplains proceedings ante argues light unique history ante actions congress reveal intent meaning establishment clause ante agree historical practice considerable import interpretation abstract constitutional language walz brennan concurring case however absent invocation history question practice issue unconstitutional despite surface appeal argument least three reasons specific historical practice case override clear constitutional imperative first significant historical argument rely legislative history establishment clause indeed formal history profoundly unilluminating subjects rather assumes framers establishment clause authorized practice thought violated guarantees contained clause ante assumption however questionable legislators influenced passions exigencies moment pressure constituents colleagues press business always pass sober constitutional judgment every piece legislation enact must assumed true members first congress indeed fact james madison voted bill authorizing payment first congressional chaplains ante later expressed view practice unconstitutional see supra instructive precisely point madison later views may represented much change mind change role member congress engaged legislative activity detached observer engaged unpressured reflection since latter role precisely one charged sure madison later writings less influential deliberations earlier vote second analysis treats first amendment simply act congress whose meaning intent congress single touchstone constitution amendments however became law virtue ratification understanding relevant analysis understanding congress see richardson ramirez maxwell dow observation especially compelling considering meaning bill rights first amendments enacted members first congress came bright idea one morning rather enactment forced upon congress number condition ratification original constitution treat practice authorized first congress presumptively consistent bill rights therefore somewhat akin treating action party contract presumptively consistent terms contract latter proposition accepted course resolve many heretofore perplexing issues contract law finally importantly argument tendered misguided constitution static document whose meaning every detail fixed time life experience framers recognized wide variety constitutional contexts practices place time particular guarantee enacted constitution necessarily fix forever meaning guarantee truly faithful framers use history time must limit broad purposes specific practices abington school dist schempp brennan concurring primary task must translate majestic generalities bill rights conceived part pattern liberal government eighteenth century concrete restraints officials dealing problems twentieth century west virginia bd education barnette inherent adaptability constitution amendments particularly important respect establishment clause ur religious composition makes us vastly diverse people forefathers face profound changes practices may objectionable one time jefferson madison may today highly offensive many persons deeply devout nonbelievers alike schempp supra brennan concurring cf mcdaniel paty plurality opinion president john adams issued presidency number official proclamations calling americans engage christian prayer justice story treatise constitution contended real object first amendment countenance much less advance mahometanism judaism infidelity prostrating christianity exclude rivalry among christian sects whatever deference adams actions story views might deserved establishment clause must read different light similarly members first congress treated sacred figures whose every action must emulated authors document meant last ages indeed proper respect framers forbids us give static lifeless meaning work mind focus narrow piece history fundamental sense betrayal lessons history course rely entirely practice first congress order validate legislative prayer another theme although implicit also pervades opinion exemplified comparison legislative prayer formulaic recitation god save honorable ante also exemplified apparent conclusion legislative prayer worst mere shadow establishment clause rather real threat ante quoting schempp supra goldberg concurring simply put seems regard legislative prayer de minimis violation somehow unworthy attention frankly know proper disposition features public life god save honorable god trust one nation god like might well adhere view expressed schempp mottos consistent establishment clause import de minimis lost true religious significance brennan concurring legislative invocations however different first justice stevens dissent effectively highlights legislative prayer unlike mottos fixed wordings easily turn narrowly obviously sectarian agree federal judiciary sit board censors individual prayers may mind better way avoiding task striking official legislative invocations fundamentally however practice legislative prayer even might look nonsectarian nine justices inevitably continuously involve state one another religious debate prayer serious business serious theological business mere acknowledgment beliefs widely held among people country state immerse business religious individuals groups find theologically problematic engage joint religious exercises predominantly influenced faiths might object even attempt fashion prayer find impossible participate prayer opportunity ante marked trinitarian references find prayer invoking name christ represent flawed view relationship human beings god might find petitionary prayer improper might find prayer lacked petitionary element deficient might troubled consider shallow public prayer nonspontaneous prayer prayer without adequate spiritual preparation concentration might course theological objections prayer sponsored organ government might object theological grounds level political neutrality generally expected invocational prayer might object theological grounds requirement ante prayer even though religious proselytizing problems arose context religious objection otherwise decidedly secular activity whatever remedy found free exercise clause see supra case faced potential religious objections activity center religious life simply beyond competence government inconsistent conceptions liberty state take upon role ecclesiastical arbiter iv argument made occasionally strict separation religion state robs nation spiritual identity believe quite contrary may true individuals neutral question religion judgment establishment clause neutrality organs government questions religion possible imperative alexis de tocqueville wrote following concerning travels land early religious atmosphere country first thing struck arrival france seen spirits religion freedom almost always marching opposite directions america found intimately linked together joint reign land longing understand reason phenomenon increased daily find questioned faithful communions particularly sought society clergymen depositaries various creeds personal interest survival expressed astonishment revealed doubts found agreed except details thought main reason quiet sway religion country complete separation church state hesitation stating throughout stay america met nobody lay cleric agree democracy america lawrence mayer respectfully dissent see zorach clauson cf abington school dist schempp saying invocational prayers legislative chambers state federal appointment legislative chaplains might well represent involvements kind prohibited establishment clause legislators federal state mature adults may presumably absent public ceremonial exercises without incurring penalty direct indirect schempp supra brennan concurring omitted see larkin grendel den widmar vincent wolman walter committee public education religious liberty nyquist see stone graham finding purpose state statute requiring posting ten commandments public school classroom plainly religious nature despite legislative recitations supposed secular purpose epperson arkansas state statute clearly religious purpose cf schempp supra public school exercise consisting bible reading recitation lord prayer reverend palmer put matter say strive relate senators helpers divine palmer deposition purpose provide opportunity senators drawn closer understanding god understand god order divine wisdom might conduct business day cf prayers chaplain massachusetts senate hereinafter massachusetts senate prayers save moment god merely gesture custom cf stone graham supra argues legislators adults presumably readily susceptible peer pressure ante made similar observation concurring opinion schempp see supra quite apart debatable constitutional significance argument see schempp engel vitale uncertain whether even factually correct legislators virtue instinct political survival often loath assert public religious views constituents might perceive hostile nonconforming see generally blanshard god man washington point infra official religious exercises may also significant symbolic detriment religion see larkin grendel den supra walz tax lemon struck certain state statutes providing aid sectarian schools part program requires government examine school records order determine much total expenditures attributable secular education much religious activity case admission government officials involved supervising practice legislative prayer requires officials determine particular members clergy particular prayers explicitly christian app testimony rev palmer consistent various religious preferences senators may may likely inject kind religious dogma proceedings testimony frank lewis chairman nebraska legislature executive board see testimony rev palmer discussing objections raised senators christological references certain prayers prayer offered guest member clergy points practice legislative prayers congress gave rise serious controversy points century ante opposition practice period arose part certain radicals rather extreme protestant sects inspired different motives opposing government chaplaincies breaking line demarcation church state sectarians felt religion nothing state radicals felt state nothing religion stokes church state hereinafter stokes see also similar controversies arose see report select committee new york state assembly several memorials appointing chaplains legislature recommending practice abolished reprinted blau cornerstones religious freedom america recent years particular prayers particular chaplains state legislatures periodically led serious political divisiveness along religious lines see oregonian apr despite protests least one representative follower indian guru allowed give prayer start thursday oregon house representatives session shortly anand sheela began invocation representatives walked house floor apparent protest prayer cal senate discussing request state senator state senate chaplain use name christ legislative prayer response one local clergyman claiming legislator made request committed crowning infamy words irreverent godless man see also infra lemon tests course exhaust set formal doctrines brought bear issues us today last term example made clear state program discriminated among religious faiths merely favor religious faiths must invalidated unless justified compelling governmental interest cf widmar vincent unless closely fitted interest murdock pennsylvania larson valente case appointment single chaplain years evident impossibility buddhist monk sioux indian religious worker appointed similar period app see post stevens dissenting might well justify application larson test moreover given pains petitioners gone emphasize ceremonial function legislative prayer brief petitioners given case similar ceremonial function performed without necessity prayer cf supra little doubt nebraska practice least fail larson test addition still find compelling establishment clause test articulated schempp framers meant foreclose decisions establishment clause forbidden involvements religious secular institutions serve essentially religious activities religious institutions employ organs government essentially religious purposes use essentially religious means serve governmental ends secular means suffice see also larkin grendel den stone graham abington school dist schempp brennan concurring see larson valente supra schempp supra torcaso watkins mcdaniel paty brennan concurring judgment free exercise clause serves similar function though often quite different way particular held certain circumstances otherwise constitutional law may applied persons law creates burden religious belief practice see thomas review bd indiana employment security division wisconsin yoder sherbert verner see presbyterian church mary elizabeth blue hull memorial presbyterian church ballard see lemon kurtzman nlrb catholic bishop chicago remaining purposes discuss reduced simply question individual liberty example refuse decide essentially religious issue even issue otherwise properly even asked decide consider addition formal authorities cited text following words leading methodist clergyman propose reassert religious values posting ten commandments every wall erecting cardboard nativity shrines every corner writing god name money using holy name political oratory ultimate profanity result display holy things public places make holy improve people change character motives contrary sacred symbols thereby cheapened degraded effect often television commercial captive audience boredom resentment kelley beyond separation church state church state manifestations religion washington become pretty thick opening prayers bible breakfasts added change pledge allegiance pledge served well enough times pious rhythm upset spirituality improved insertion phrase god bill introduced directing post office cancel mail slogan pray peace devout place daily devotions read stuck stamped letters mail note deflationary tone say religion politics mix politicians develop deeper religious convictions religious folk develop wiser political convictions need relate political duties religious faith unqualified public way confuses absolute emotional loyalties religion relative shifting loyalties politics religious affirmations danger standing contradiction life lived none general inoffensive externalized ones put together public purposes miller piety along potomac sometimes argued apply establishment clause alienates wish see tighter bond religion state obviously true vigorously deny however claim establishment clause disfavors much broader class persons religion necessary important part life see supra infra submit even dissatisfaction tempered knowledge society adhering fixed rule neutrality rather rejecting particular expression religious belief pfeffer deity american constitutional history church state see also stokes see pfeffer church state freedom rev ed hereinafter pfeffer jefferson expressed views follows consider government interdicted constitution intermeddling religious institutions doctrines discipline exercises proposed recommend prescribe day fasting prayer believe interest religion invite civil magistrate direct exercises discipline doctrine fasting prayer religious exercises enjoining act discipline every religious society right determine times exercises objects proper according particular tenets right never safer hands constitution deposited quoting jefferson writings monticello ed see also infra light discussion text inclined agree nebraska practice legislative prayer significantly troubling found example appointing one chaplain years may give impression establishing one particular religion constant attention selection process result shorter terms might well increase opportunity religious discord entanglement lesson draw however regular practice official invocational prayer must deemed unconstitutional see everson board education transportation students school walz tax charitable tax exemptions sensibly respectfully ascribe view founding fathers rather see ante sabatier outlines philosophy religion seed see also james varieties religious experience new american library heiler prayer mccomb see schempp brennan concurring illinois ex rel mccollum board education jackson concurring see schempp supra sabatier supra emphasis added heschel man quest god justice douglas famous observation religious people whose institutions presuppose zorach clauson see ante arose precisely context indeed complete quotation paragraph statement appears instructive religious people whose institutions presuppose guarantee freedom worship one chooses make room wide variety beliefs creeds spiritual needs man deem necessary sponsor attitude part government shows partiality one group lets flourish according zeal adherents appeal dogma government must neutral comes competition sects may thrust sect person may make religious observance compulsory may coerce anyone attend church observe religious holiday take religious instruction close doors suspend operations want repair religious sanctuary worship instruction undertaken indeed sort historical argument made advanced hesitation light certain skeletons congressional closet see act punishment certain crimes stat enacted first congress requiring persons convicted certain theft offenses publicly whipped exceeding stripes act july stat reaffirming racial segregation public schools district columbia enacted exactly one week congress proposed fourteenth amendment see generally morgan congress constitution eidenberg morey act congress cf miller uses history one commentator pointed chaplaincy established first congress days continental congress exercised plenary jurisdiction matters religion ceremonial practices easily dislodged becoming firmly established pfeffer practical matter know practically nothing went state legislatures process ratifying bill rights schwartz bill rights documentary history moreover looking state practices admits ante dubious relevance establishment clause originally apply nevertheless difficulties give us warrant give controlling weight constitutionality specific practice collateral acts members congress proposed bill rights see also story commentaries constitution fleet madison detached memoranda wm mary quarterly wofford blinding light uses history constitutional interpretation chi rev see generally annals cong barron mayor city council baltimore pet dumbauld bill rights means today schwartz supra see frontiero richardson gender discrimination brown board education race discrimination colgrove battin jury trial trop dulles cruel unusual punishment katz search seizure see pfeffer stokes story supra cf church holy trinity vidal girard executors indeed prayers said reverend palmer nebraska legislature relatively nonsectarian comparison examples see massachusetts senate prayers invocations rev fred holloman chaplain kansas senate legislative sessions pp see generally cahn government prayer rev hearings testimony howard simply thing nonsectarian prayer cf times sep jerry falwell founder organization moral majority quoted telling meeting religious newswriters association new orleans members moral majority represented variety denominations ever opened moral majority meeting prayer silent otherwise disintegrate put one side irrelevance obviousness fact official prayer pose difficulties nonreligious persons religious persons whose faith include institution prayer see smith religions man perennial library ed discussing theravada buddhism see hearings testimony howard told school prayers nonsectarian offered various religious traditions rotation believe solution least acceptable fervently devoted religion freehof modern reform responsa ecumenical services objectionable principle take place frequently bancroft communication religious worship see hearings testimony howard nonsectarian prayer even possible likely offensive devout members religions see freehof reform responsa see bloesch struggle prayer hereinafter bloesch savior plays crucial role life prayer always pray mind salvation intercession pray spirit christ also name christ pray name means recognize prayers penetrate tribunal god unless presented father son one savior redeemer cf fischer role christ christian prayer encounter points reverend palmer eliminated christological references prayers receiving complaints state senators ante suppose however reverend palmer said good conscience omit references dismissed implications action establishment free exercise clauses see meister eckhart blakney trans merton contemplative prayer williams americans believe worship ed hereinafter williams discussing christian science belief proper prayer prayer communion see bloesch stump petitionary prayer philosophical wells prayer rebelling status quo christianity today pp see matthew thou thou prayest enter thy closet thou hast shut thy door pray thy father secret thy father seeth secret shall reward thee openly see williams discussing traditional quaker practice see heschel supra heiler supra see williams stokes hearings statement baptist joint committee public affairs see niebuhr faith politics stone ed genuinely prophetic religion speaks word judgment every ruler every nation even good rulers good nations see bloesch world evangelization numbered among primary goals prayer since proclaiming gospel gives glory god see james believe ed see generally murray hold truths american religion benefited maintenance even exaggerated form distinction church state martin revived dogma new cult daedalus icy thinness religion cold airs northwest europe vapors protestant england highly significant represents fundamental difference protestant world north america original exporting countries countries stable monarchies protestant state churches religious institutional vitality low north america lacking either monarchy state church high omitted justice stevens dissenting democratically elected legislature religious beliefs chaplain tend reflect faith majority lawmakers constituents prayers may said catholic priest massachusetts legislature presbyterian minister nebraska legislature expect find jehovah witness disciple mary baker eddy reverend moon serving official chaplain state legislature regardless motivation majority exercises power appoint chaplain seems plain designation member one religious faith serve sole official chaplain state legislature period years constitutes preference one faith another violation establishment clause first amendment declines embark sensitive evaluation parse content particular prayer ante perhaps unable explain away clearly sectarian content prayers given nebraska chaplain perhaps unwilling acknowledge tenure chaplain must inevitably conditioned acceptability content silent majority affirm judgment appeals holds chaplain tenure constitutional long proof reappointment stemmed impermissible motive ante thus makes subjective motivation legislators decisive criterion judging constitutionality state legislative practice cf rogers lodge city mobile bolden although sort standard maximizes power federal judges review state action conducive evenhanded administration law see stevens dissenting stevens concurring judgment march example chaplain palmer gave following invocation father heaven suffering death son brought life whole world moving hearts praise glory power cross reveals concern world wonder christ crucified days death glorious resurrection approaching hour triumphed satan pride time celebrate great event redemption reminded price paid pray psalmist god god forsaken far prayer words cry god cry day answer night relief yet enthroned holy place glory israel fathers trusted trusted delivered cried escaped trusted put shame worm man scorn men despised people see scoff mock parted lips wag heads relied lord let deliver let rescue loves amen app