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Marsh v. Chambers (docket #: 82-23) (1983)  [Findlaw]

Secondary Link Marsh v. Chambers  [Legal Information Institute]
Argument Date 04/20/1983
Decided 07/05/1984
Supreme Court Vote 6-3
Supreme Court Ruling Establishment Clause claim denied; the Nebraska Legislature’s chaplaincy practice does not violate the Establishment Clause.
 
IssueWhether the Nebraska Legislature’s practice of begin each of its sessions with a prayer by a chaplain paid by the State with the Legislature’s approval violates the Establishment Clause.
Majority Opinion Burger, C.J. (joined by White, Blackmun, Powell, Rehnquist and O’Connor, JJ.)
Dissenting Opinion Brennan, J. (joined by Marshall and Stevens, JJ.)
Lower Court 8th Circuit
Lower Court Ruling Establishment clause claim upheld.
Oral Arguments audio record (Oyez)  [Oyez]
Lawyers
For Petitioner
Assistant Attorney General of Nebraska Shanler D. Cronk

For Respondent
Herbert J. Friedman

Briefs
American Jewish Congress, Anti-Defamation League of B’Nai B’rith, John Garth Murray (for Respondents)
National Conference of State Legislatures (as amicus curiae)
Solicitor General Lee (for Petitioners)
Opinion - Lower Court
Chambers v. Marsh, 675 F.2d 228, (C.A.Neb., 1982)
News
"Chaplains and Children," The Washington Post, Jan. 28, 1984, sect. A, pg. 14
"Council Pays for Prayer," Los Angeles Times, Jul. 28, 1983, sect. SB, pg. 4
Barbash, Fred, "By 6-3, Supreme Court Upholds Chaplains for State Legislatures," The Washington Post, Jul. 6, 1983, sect. A, pg. 4
Griffen, Robert H., "What the Founders Meant," The Washington Post, Nov. 14, 1985, sect. A, pg. 22
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), sect. 12.2.5.1
Nowak, John E. & Rotunda, Ronald D., PRINCIPLES OF CONSTITUTIONAL LAW (2ND ED., 2005), sect. 17.3, 17.5
Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (22nd ed., 1988) sect. 14.15
Witte, John, Jr., RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 235-236
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