Legal Opinion

Chambers v. Marsh

Court of Appeals for the Eighth Circuit

Decided April 14, 1982No. Nos. 81-1077, 81-1088PublishedCited by 20 opinions

1Opinion of the Court

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 2 appeal. We affirm in part and reverse in part, and remand the matter for further action consistent with this opinion.

The essential facts are undisputed. Rule…

2Cases cited18 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Rizzo v. GoodeSupreme Court of the United States · 1976
  3. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  4. Flast v. CohenSupreme Court of the United States · 1968
  5. Lemon v. KurtzmanSupreme Court of the United States · 1971

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3Cited by20 opinions

  1. District of Columbia Common Cause v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1988
  2. Habecker v. Town of Estes Park, Colo.Court of Appeals for the Tenth Circuit · 2008
  3. Peter Bormuth v. County of JacksonCourt of Appeals for the Sixth Circuit · 2017
  4. American Civil Liberties Union of Ohio and the Reverend Matthew Peterson v. Capitol Square Review and Advisory Board Robert Taft, Governor of Ohio Ronald R. Keller, Executive Director of the Board Daniel Shellenbarger, Assistant Director of the Board Richard H. Finan, Ohio State Senator J. Kenneth Blackwell, Secretary of State and Thomas M. Zaino, Tax CommissionerCourt of Appeals for the Sixth Circuit · 2001
  5. Galloway v. Town of GreeceCourt of Appeals for the Second Circuit · 2012

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