BARKER v. CONROY

No. 17-5278.

921 F.3d 1118 (2019)

Daniel BARKER, Appellant v. Patrick CONROY, Chaplain, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 19, 2019.


Attorney(s) appearing for the Case

Andrew Seidel argued the cause for appellant. On the briefs was Richard L. Bolton , Madison, WI. Anita T. Gallucci , Madison, WI, entered an appearance.

Alison Gill , Washington, DC, was on the brief for amici curiae The Center for Inquiry and American Atheists in support of appellant.

Gregory M. Lipper was on the brief for amici curiae Representatives Mark Pocan, Jared Huffman, and Jamie Raskin in support of appellant and reversal.

Richard B. Katskee , Alex J. Luchenitser , and Jeffrey I. Pasek , Philadelphia, PA, were on the brief for amici curiae Americans United for Separation of Church and State, et al. supporting appellant and reversal.

Monica L. Miller was on the brief for amicus curiae The American Humanist Association in support of appellant.

Thomas G. Hungar , General Counsel, U.S. House of Representatives, argued the cause and filed the brief for appellees. Matthew M. Collette and Lowell V. Sturgill Jr. , Attorneys, U.S. Department of Justice, entered appearances.

Mike Hunter , Attorney General, Office of the Attorney General for the State of Oklahoma, Mithun Mansinghani , Solicitor General, Steve Marshall , Attorney General, Office of the Attorney General for the State of Alabama, Leslie Rutledge , Attorney General, Office of the Attorney General for the State of Arkansas, Mark Brnovich , Attorney General, Office of the Attorney General for the State of Arizona, Cynthia H. Coffman , Attorney General, Office of the Attorney General for the State of Colorado, Christopher M. Carr , Attorney General, Office of the Attorney General, for the State of Georgia, Doug Peterson , Attorney General, Office of the Attorney General for the State of Nebraska, Michael DeWine , Attorney General, Office of the Attorney General for the State of Ohio, Alan Wilson , Attorney General, Office of the Attorney General for the State of South Carolina, Ken Paxton , Attorney General, Office of the Attorney General for the State of Texas, Sean D. Reyes , Attorney General, Office of the Attorney General for the State of Utah, Patrick Morrisey , Attorney General, Office of the Attorney General for the State of West Virginia, Brad Schimel , Attorney General, Office of the Attorney General for the State of Wisconsin, Lawrence G. Wasden , Attorney General, Office of the Attorney General for the State of Idaho, Curtis T. Hill, Jr. , Attorney General, Office of the Attorney General for the State of Indiana, Derek Schmidt , Attorney General, Office of the Attorney General for the State of Kansas, Jeff Landry , Attorney General, Office of the Attorney General for the State of Louisiana, and Tim Fox , Attorney General, Office of the Attorney General for the State of Montana, were on the brief for amici curiae The States of Oklahoma, et al. in support of appellees.

Eric S. Baxter was on the brief for amici curiae Aleph Institute, et al. in support of defendants-appellees and affirmance.

Jonathan A. Scruggs , Kristen K. Waggoner , David A. Cortman , and Nathaniel P. Bruno , Scottsdale, AZ, were on the brief for amici curiae 48 Members of Congress in support of appellees and affirmance.

Steffen N. Johnson , John W.H. Harding , Paul N. Harold , and Stephanie A. Maloney , Washington, DC, were on the brief for amici curiae Jewish Coalition for Religious Liberty, et al. supporting appellees and affirmance.

Before: Tatel, Circuit Judge, and Edwards and Ginsburg, Senior Circuit Judges.


Since 1789, the House of Representatives has begun each legislative day with a prayer, a practice the Supreme Court has found compatible with the Establishment Clause. See generally Marsh v. Chambers, 463 U.S. 783, 103 S.Ct. 3330, 77 L.Ed.2d 1019 (1983). Although a House-appointed chaplain...

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