Constitutional Law Reporter
Award
Menu
  • Home
  • US Constitution
  • Supreme Court Cases
  • Justices
    • Chief Supreme Court Justices
    • Current Supreme Court Justices
    • Past US Supreme Court Justices
  • American Biographies
    • General
    • Presidents
    • Vice-Presidents
    • First Ladies
    • Signers of the U.S. Constitution
    • Signers of the Declaration of Independence
    • Delegates of the U.S. Constitution
    • Misc – Great American Bios
  • Articles
    • Current Cases
    • Historical Cases
    • Impeachment
  • Videos
  • Links
Hot-Topics

October 17, 2025 | SCOTUS Clears Way for Termination of FTC Commissioner

Marsh v. Chambers: The Establishment of Religion

Historical

In Marsh v. Chambers, 463 U.S. 783 (1983), the U.S. Supreme Court addressed the Establishment Clause of the First Amendment.

By a vote of 6-3, the majority in Marsh v. Chambers held that the Nebraska Legislature’s practice of opening each legislative day with a prayer by a State-paid chaplain did not offend the Constitution.

The Facts of Marsh v. Chambers

The Nebraska Legislature started each of its sessions with a prayer offered by a chaplain who was chosen biennially by the Executive Board of the Legislative Council and paid using public funds. Ernest Chambers, a member of the Nebraska Legislature and a taxpayer of Nebraska filed suit, alleging that the Nebraska Legislature’s chaplaincy practice violates the Establishment Clause of the First Amendment.

The Majority Decision

Chief Justice Warren Burger authored the majority opinion, which was joined by Justices Byron White, Harry Blackmun, Lewis F. Powell, Jr., William Rehnquist, and Sandra Day O’Connor.

In reaching its decision, the majority abandoned the three-part analysis set forth in Lemon v. Kurtzman, which had previously been applied to cases involving the Establishment Clause. Instead, the majority rested its decision on the long-standing tradition of legislative prayer. As Chief Justice Warren explained:

In light of the unambiguous and unbroken history of more than 200 years, there can be no doubt that the practice of opening legislative sessions with prayer has become part of the fabric of our society. To invoke Divine guidance on a public body entrusted with making the laws is not, in these circumstances, an “establishment” of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country.

The Dissent

Justice William J. Brennan, Jr. filed a dissenting opinion, in which Justice Thurgood Marshall joined. As argued by Justice Brennan:

The Court makes no pretense of subjecting Nebraska’s practice of legislative prayer to any of the formal “tests” that have traditionally structured our inquiry under the Establishment Clause. That it fails to do so is, in a sense, a good thing, for it simply confirms that the Court is carving out an exception to the Establishment Clause, rather than reshaping Establishment Clause doctrine to accommodate legislative prayer.

Previous Articles

U.S. Supreme Court Adds Tariff Case to Docket
by DONALD SCARINCI on October 15, 2025

The U.S. Supreme Court has agreed to consider two lawsuits challenging President Donald Trump’s n...

Read More
Supreme Court Stays Order Blocking Roving Immigration Patrols in CA
by DONALD SCARINCI on October 8, 2025

In Noem v. Perdomo, 606 U.S. ____ (2025), the U.S. Supreme Court granted an emergency application f...

Read More
SCOTUS Holds No Minimum Contacts Required for Personal Jurisdiction Over Foreign States Under FSIA
by DONALD SCARINCI on October 2, 2025

In CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd., 605 U.S. ____ (2025), the U.S. Supreme Court ...

Read More
All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
    Read More
  • Amendment2
    • The Right to Bear Arms
    Read More
  • Amendment4
    • Unreasonable Searches and Seizures
    Read More
  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
    Read More

Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Read More

More Recent Posts

  • Supreme Court Clarifies Applicability of First Step Act to Vacated Sentences
  • SCOTUS Rules E-Cigarette Retailers Can Challenge FDA Order in Fifth Circuit
  • Supreme Court Expands Judicial Review of Agency Actions
  • Supreme Court Pauses Order Reinstating CPSC Commissioners

Constitutional Law Reporter Twitter

A Twitter List by S_H_Law

Constitutional Law Reporter RSS

donald scarinci constitutional law attorney

Editor

Donald Scarinci

Managing Partner

Scarinci Hollenbeck

(201) 806-3364

Awards


Follow me

© 2018 Scarinci Hollenbeck, LLC. All rights reserved.

Prior results do not guarantee a similar outcome. Attorney Advertising