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MARSH v. CHAMBERS

No. 82-23.

463 U.S. 783 (1983)

MARSH, NEBRASKA STATE TREASURER, ET AL. v. CHAMBERS

Supreme Court of United States.

Decided July 5, 1983

Attorney(s) appearing for the Case

Shanler D. Cronk, Assistant Attorney General of Nebraska, argued the cause for petitioners. With him on the briefs was Paul L. Douglas, Attorney General.

Herbert J. Friedman argued the cause for respondent. With him on the brief were Stephen L. Pevar, Burt Neuborne, and Charles S. Sims.*

Briefs of amici curiae urging affirmance were filed by Nathan Z. Dershowitz and Marc D. Stern for the American Jewish Congress; by David J. Eiseman, Justin J. Finger, and Jeffrey P. Sinensky for the Anti-Defamation League of B'nai Brith; and by Thomas P. Gies for Jon Garth Murray et al.

Lanny M. Proffer filed a brief for the National Conference of State Legislatures as amicus curiae.

CHIEF JUSTICE BURGER delivered the opinion of the Court.

The question presented is whether the Nebraska Legislature's practice of opening each legislative day with a prayer by a chaplain paid by the State violates the Establishment Clause of the First Amendment.

I

The Nebraska Legislature begins each of its sessions with a prayer offered by a chaplain who is chosen biennially by the Executive Board of the Legislative Council and paid out of

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