Marsh v. Chambers

Last updated
Marsh v. Chambers
Seal of the United States Supreme Court.svg
Argued April 20, 1983
Decided July 5, 1983
Full case nameFrank Marsh, State Treasurer et al. v. Ernest Chambers
Citations463 U.S. 783 ( more )
103 S.Ct. 3330; 77 L. Ed. 2d 1019; 1983 U.S. LEXIS 107
Case history
PriorInjunction granted, 504 F. Supp. 585 (D. Neb. 1980); injunction was affirmed and expounded upon, 675 F.2d 228 (8th Cir. 1982); cert. granted, 459 U.S. 966(1982).
Holding
The practice of hiring a chaplain for the Nebraska state legislature did not violate the Establishment Clause of the First Amendment.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr.  · Byron White
Thurgood Marshall  · Harry Blackmun
Lewis F. Powell Jr.  · William Rehnquist
John P. Stevens  · Sandra Day O'Connor
Case opinions
MajorityBurger, joined by White, Blackmun, Powell, Rehnquist, O'Connor
DissentBrennan, joined by Marshall
DissentStevens
Laws applied
U.S. Const. amend. I

Marsh v. Chambers, 463 U.S. 783 (1983), was a landmark court case [1] [2] in which the Supreme Court of the United States held that government funding for chaplains was constitutional because of the "unique history" of the United States. [3] Three days before the ratification of the First Amendment in 1791, containing the Establishment clause, the federal legislature authorized hiring a chaplain for opening sessions with prayer.

Contents

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 state-supported 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.

Question before the Court

Does paying a chaplain for religious services using taxpayer dollars violate the Establishment Clause of the First Amendment?

Decision of the Court

In a 6–3 decision in favor of Marsh, Chief Justice Burger wrote the opinion for the majority. [4] The Chief Justice noted that the position of chaplain has been closely tied to the work of state and federal legislatures. "This unique history leads us to accept the interpretation 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." [3]

Dissenting opinions

Justice Brennan, joined by Justice Marshall, wrote in a dissenting opinion,

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. For my purposes, however, I must begin by demonstrating what should be obvious: that, if the Court were to judge legislative prayer through the unsentimental eye of our settled doctrine, it would have to strike it down as a clear violation of the Establishment Clause. [5]

Citing Lemon v. Kurtzman (1971), Justice Brennan points out that the circumstances in the present case clearly do not meet the three-point Lemon test:

Every analysis in this area must begin with consideration of the cumulative criteria developed by the Court over many years. Three such tests may be gleaned from our cases. First, the statute [at issue] must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster "an excessive government entanglement with religion." [6]

Justice Stevens also wrote a dissenting opinion, where he essentially argues that religious minorities of any particular region will be disenfranchised by the majority ruling, stating:

Prayers may be said by a Catholic priest in the Massachusetts Legislature and by a Presbyterian minister in the Nebraska Legislature, but I would not expect to find a Jehovah's Witness or a disciple of Mary Baker Eddy or the Reverend Moon serving as the official chaplain in any state legislature. Regardless of the motivation of the majority that exercises the power to appoint the chaplain, it seems plain to me that the designation of a member of one religious faith to serve as the sole official chaplain of a state legislature for a period of 16 years constitutes the preference of one faith over another in violation of the Establishment Clause of the First Amendment." [7]

Subsequent history

In Town of Greece v. Galloway (2014) the Court held that the Establishment Clause is not violated when a town board begins their sessions with a sectarian prayer, so long as the town does not discriminate against minority faiths in determining who may offer a prayer. [8]

See also

Related Research Articles

Edwards v. Aguillard, 482 U.S. 578 (1987), was a United States Supreme Court case concerning the constitutionality of teaching creationism. The Court considered a Louisiana law requiring that where evolutionary science was taught in public schools, creation science must also be taught. The constitutionality of the law was successfully challenged in District Court, Aguillard v. Treen, 634 F. Supp. 426, and the United States Court of Appeals for the Fifth Circuit affirmed, Aguillard v. Edwards, 765 F.2d 1251. The United States Supreme Court ruled that this law violated the Establishment Clause of the First Amendment because the law was specifically intended to advance a particular religion. In its decision, the court opined that "teaching a variety of scientific theories about the origins of humankind to school children might be validly done with the clear secular intent of enhancing the effectiveness of science instruction."

Lemon v. Kurtzman, 403 U.S. 602 (1971), was a case argued before the Supreme Court of the United States. The court ruled in an 8–0 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act from 1968 was unconstitutional and in an 8–1 decision that Rhode Island's 1969 Salary Supplement Act was unconstitutional, violating the Establishment Clause of the First Amendment. The act allowed the Superintendent of Public Schools to reimburse private schools for the salaries of teachers who taught in these private elementary schools from public textbooks and with public instructional materials. Lemon was a major precedent in federal and local courts until it was effectively overturned by Kennedy v. Bremerton School District in 2022.

Wallace v. Jaffree, 472 U.S. 38 (1985), was a United States Supreme Court case deciding on the issue of silent school prayer.

Abington School District v. Schempp, 374 U.S. 203 (1963), was a United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp on behalf of his son Ellery Schempp, and declared that school-sponsored Bible reading and the recitation of the Lord's Prayer in public schools in the United States was unconstitutional.

Engel v. Vitale, 370 U.S. 421 (1962), was a landmark United States Supreme Court case in which the Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment. The ruling has been the subject of intense debate.

"Separation of church and state" is a metaphor paraphrased from Thomas Jefferson and used by others in discussions regarding the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution which reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

Lee v. Weisman, 505 U.S. 577 (1992), was a United States Supreme Court decision regarding school prayer. It was the first major school prayer case decided by the Rehnquist Court. It held that schools may not sponsor clerics to conduct even non-denominational prayer. The Court followed a broad interpretation of the Establishment Clause that had been standard for decades at the nation's highest court, a reaffirmation of the principles of such landmark cases as Engel v. Vitale and Abington v. Schempp.

In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text is:

Congress shall make no law respecting an establishment of religion...

McCreary County v. American Civil Liberties Union of Kentucky, 545 U.S. 844 (2005), was a case argued before the Supreme Court of the United States on March 2, 2005. At issue was whether the Court should continue to inquire into the purpose behind a religious display and whether evaluation of the government's claim of secular purpose for the religious displays may take evolution into account under an Establishment Clause of the First Amendment analysis.

Zelman v. Simmons-Harris, 536 U.S. 639 (2002), was a 5–4 decision of the United States Supreme Court that upheld an Ohio program that used school vouchers. The Court decided that the program did not violate the Establishment Clause of the First Amendment, even if the vouchers could be used for private religious schools.

County of Allegheny v. American Civil Liberties Union, 492 U.S. 573 (1989), was a United States Supreme Court case in which the Court considered the constitutionality of two recurring Christmas and Hanukkah holiday displays located on public property in downtown Pittsburgh. The first, a nativity scene (crèche), was placed on the grand staircase of the Allegheny County Courthouse. The second of the holiday display in question was an 18-foot (5.5 m) public Hanukkah menorah, which was placed just outside the City-County Building next to the city's 45-foot (14 m) decorated Christmas tree and a sign saluting liberty. The legality of the Christmas tree display was not considered in this case.

The endorsement test proposed by United States Supreme Court Justice Sandra Day O'Connor in the 1984 case of Lynch v. Donnelly asks whether a particular government action amounts to an endorsement of religion, thus violating the Establishment Clause of the First Amendment. According to the test, a government action is invalid if it creates a perception in the mind of a reasonable observer that the government is either endorsing or disapproving of religion.

In Stone v. Graham, 449 U.S. 39 (1980), the Supreme Court of the United States ruled that a Kentucky statute was unconstitutional and in violation of the Establishment Clause of the First Amendment, because it lacked a nonreligious, legislative purpose. The statute required the posting of a copy of the Ten Commandments on the wall of each public classroom in the state. The copies of the Ten Commandments were purchased with private funding, but the Court ruled that because they were being placed in public classrooms they were in violation of the First Amendment.

Lynch v. Donnelly, 465 U.S. 668 (1984), was a United States Supreme Court case challenging the legality of Christmas decorations on town property.

Texas Monthly v. Bullock, 489 U.S. 1 (1989), was a case brought before the US Supreme Court in November 1988. The case was to test the legality of a Texas statute that exempted religious publications from paying state sales tax.

Capitol Square Review & Advisory Board v. Pinette, 515 U.S. 753 (1995), is a United States Supreme Court case that focused on First Amendment rights and the Establishment Clause. Vincent Pinette, an active member of the Ku Klux Klan in Columbus, Ohio, wanted to place an unattended cross on the lawn of the Capitol Square during the 1993 Christmas season. Pinette and his fellow members of the KKK submitted their request. The advisory board originally denied this request. However, Pinette and the other members of the Ohio Chapter of the Klan fought this decision in the United States District Court for the Southern District of Ohio. The court found in favor of the Klan and the Advisory Board issued the permit. The Board appealed to the United States Court of Appeals, which affirmed the decision of the district court. The board made one last petition to the Supreme Court where the decision was made, by a vote of seven to two, that the Klan was permitted to display the cross at the public forum.

Mueller v. Allen, 463 U.S. 388 (1983), was a United States Supreme Court case examining the constitutionality of a state tax deduction granted to taxpaying parents for school-related expenses, including expenses incurred from private secular and religious schools. The plaintiffs claimed that a Minnesota statute, allowing tax deductions for both public and private school expenses, had the effect of subsidizing religious instruction since parents who paid tuition to religious schools received a larger deduction than parents of public school students, who incurred no tuition expenses.

Town of Greece v. Galloway, 572 U.S. 565 (2014), is a United States Supreme Court case in which the court decided that the Town of Greece, New York may permit volunteer chaplains to open each legislative session with a prayer. The plaintiffs were Susan Galloway and Linda Stephens, represented by Americans United for Separation of Church and State. They argue that the prayers violate the Establishment Clause of the First Amendment to the United States Constitution. The United States Court of Appeals for the Second Circuit ruled against the town, and on May 20, 2013 the Supreme Court agreed to rule on the issue. On May 5, 2014, the U.S. Supreme Court ruled 5–4 in favor of the Town of Greece, holding that the town's practice of beginning legislative sessions with prayer did not violate the Establishment Clause of the First Amendment.

American Legion v. American Humanist Association, 588 U.S. ___ (2019), was a United States Supreme Court case dealing with the separation of church and state related to maintaining the Peace Cross, a World War I memorial shaped after a Latin cross, on government-owned land, though initially built in 1925 with private funds on private lands. The case was a consolidation of two petitions to the court, that of The American Legion who built the cross, and of the Maryland-National Capital Park and Planning Commission who own the land and maintain the memorial. Both petitions challenged the Fourth Circuit's ruling that, regardless of the secular purpose the cross was built for in honoring the deceased soldiers, the cross emboldened a religious symbol and had ordered it altered or razed. The Supreme Court reversed the Fourth Circuit's ruling in a 7–2 decision, determining that since the Cross had stood for decades without controversy, it did not violate the Establishment Clause and could remain standing.

Kennedy v. Bremerton School District, 597 U.S. ___ (2022), is a landmark decision by the United States Supreme Court in which the Court held, 6–3, that the government, while following the Establishment Clause, may not suppress an individual from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment.

References

  1. Gary Hartman, Roy M. Mersky and Cindy L. Tate (14 May 2014). Landmark Supreme Court Cases: The Most Influential Decisions of the Supreme Court of the United States. New York: Facts on File, Inc. pp. 318–319. ISBN   978-0-8160-2452-0 . Retrieved 19 May 2014.
  2. "Religious Liberty: Landmark Supreme Cases". Bill of Rights Institute. Bill of Rights Institute. Retrieved May 19, 2014.
  3. 1 2 Marsh v. Chambers, 463 U.S. 783, 791 (1983).
  4. "Marsh v. Chambers - 463 U.S. 783 (1983)". The Oyez Project: Chicago-Kent College of Law. Retrieved 12 October 2013.
  5. Marsh, 463 U.S. at 796 (Brennan, J., dissenting).
  6. Marsh, 463 U.S. at 797 (Brennan, J., dissenting, quoting Lemon v. Kurtzman , 403 U.S. 602, 612-13 (1971)).
  7. Marsh, 463 U.S. at 823 (Stevens, J., dissenting).
  8. Town of Greece v. Galloway ,No. 12-696 , 572 U.S. ___(2014).