2. Marsh v. Chambers,(1983) was a case in which the Supreme Court of the
United States held that government funding for chaplains was constitutional
Happened 1983
Argued April 20, 1983
Decided July 5, 1983
3. background
Nebraska state senator Ernie
Chambers sued in federal court claiming
that the legislature's practice of opening
sessions with a prayer offered by a statesupported chaplain was in violation of
the Establishment Clause of the First
Amendment. The district court held that the
prayer did not violate the Constitution, but
that state support for the chaplain did.
The 8th Circuit Court of Appeals held that
both practices violated the Constitution.
4. 1st Amendment
This unique history leads us to accept
the understanding of the First
Amendment draftsmen who saw no real
threat to the Establishment Clause
arising from a practice of prayer similar
to that now challenged.
5. 1st Amendment
Establishment
Clause
• Guards against
establishing a
mandated religion.
• In effect, freedom
from religion
Free Exercise
Clause
• Guards against the
government
interfering in the
exercise of any
religion.
• In effect, freedom
for religion.
6. Decision of the Court
In a 6-3 decision in favor of Marsh
Justice Burger wrote the opinion for the majority
Justice Burger notes that the position of chaplain has been
closely tied to the work of state and federal legislatures.
7. Opinion
The use of prayer is embedded in the nation's
history and tradition.
That the practice of the Nebraska legislature
is consistent with the framers� intent is
proven by their use of chaplains.
Additionally, the Supreme Court and
Congress have traditionally begun their
sessions with prayers.
8. Opinion
The public payment of the chaplain is historically allowable
because it was done by the Continental Congress years
earlier.
The frequency of involving prayer with governmental activity
without unpleasant effect has shown that there is no real
threat from continuing the practice.
