Daniel Barker v. Patrick Conroy

Tatel, Circuit Judge:

*1121 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 has traditionally delivered the opening prayer, at some time in the past the House began allowing members to nominate other individuals to give a prayer as "guest chaplain." This case arose when a member of the House asked the Chaplain, Father Patrick J. Conroy, to invite Daniel…