Public Prayer and the Establishment Clau se

“BTW, I'm a minority Catholic in a heavily Protestant area.”

“YOU CANNOT PETITION THE LORD WITH PRAYER!
YOU CANNOT PETITION THE LORD WITH PRAYER!
YOU CANNOT PETITION THE LORD WITH PRAYER!



Oh yes you can: Petition the Lord”

“Violin, every once in a while, I have to see who is listening.

The Marsh v. Chambers decision marked a departure from stict separation to more a position of tolerence. This decision did not address the lower court's findings, as clearly put forth in Justice Brennan's dissent, that each aspect of the Lemon v. Kurtzman tripartite test had been violated. It doesn't appear that the 6 - 3 majority opinion ever invoked the Lemon Test at any point.

Because the lower court of appeals decision and two of the dissenting opinions found that the legislative chaplain failed all three parts of the Lemon Test, it is impossible that Burger, writing for the majority, was not aware of the argument. Instead of constituting an application of the tests, therefore, Marsh can be read as representing an exception to their application. Therefore, it appears to me that this decision marked the beginning of the end of "strict separation" in interpreting the Establishment Clause in the court and the start of an approach that was more accomodating.

However, I don't think that it addressed to issues of limitation. While the Nebraska legislature employed a protestent for 16 years, the Court found the relationship to be based on skill and ability more than secular views. It would be interesting to see how the Court would react if any governmental body limited religions from opening the meeting when the "invitiations" are open and extended to those of many beliefs.

To deny any specific secular belief equal opportunity when others are not limited is, IMHO, a violation of the Establishment Clause.”

“You lost me there. Thank goodness for Google. The Lemon Test has to do with the kind of face one makes upon hearing the specifics of another's belief system?”

“ Lemon Test

One can only wonder about the results of this test in Marsh .

Of course, by completely ignoring the Lemon test in Marsh , the majority was able to reach the conclusion that actually made the most sense and probably more accurately reflected the intent of the framers of the First Amendment.”