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CHAMBERS v. MARSH

Nos. 81-1077, 81-1088.

675 F.2d 228 (1982)

Ernest CHAMBERS, Appellee, v. Frank MARSH, State Treasurer, and Robert E. Palmer, Chaplain and Officer of the Nebraska Unicameral, Appellants. Frank Lewis; John DeCamp; Robert L. Clark; Tom Fitzgerald; Steve Fowler; Howard A. Lamb; Richard D. Marvel; Loran Schmit and Jerome Warner, in their official capacity as members of the Executive Board of the Legislative Council of the Nebraska Unicameral. Ernest CHAMBERS, Appellant, v. Frank MARSH, State Treasurer, and Robert E. Palmer, Chaplain and Officer of the Nebraska Unicameral; Frank Lewis; John DeCamp; Robert L. Clark; Tom Fitzgerald; Steve Fowler; Howard A. Lamb; Richard D. Marvel; Loran Schmit and Jerome Warner, in their official capacity as members of the Executive Board of the Legislative Council of the Nebraska Unicameral, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 14, 1982.

Attorney(s) appearing for the Case

Stephen L. Pevar, American Civil Liberties Union, Denver, Colo., Herbert J. Friedman, Friedman Law Offices, Lincoln, Neb., for appellant/cross-appellee.

Paul L. Douglas, Atty. Gen. of Nebraska, Shanler D. Cronk, Asst. Atty. Gen., Lincoln, Neb., for appellees/cross-appellants.

Before HEANEY and STEPHENSON, Circuit Judges, and OLIVER, Senior District Judge.

HEANEY, Circuit Judge.

The Nebraska legislature compensates a chaplain to open each legislative session with a prayer and, from time to time, collects and publishes the prayers in book form. Ernest Chambers, a Nebraska legislator, challenges this practice as violating the Establishment Clause of the First Amendment. The district court1 enjoined some elements of the practice and upheld others, from which both Chambers and the defendants...

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