Seeking to advance specific religious dogma absent a secular intent where government is excessively entangled in the promotion of that religion would be an Establishment Clause violation in any government entity, not just schools.I don't care if the House and Senate have a chaplain, or if they begin each session prostrating before Gozer the Destructor. What I want to know is how the House and Senate have been able to get away with praying and paying a man of the cloth since 17-something, when the Pre-K at one of our local elementary schools, which is funded entirely by Federal grants, could not decorate with so much as a Christmas tree or Santa or stocking, or participate in the Christmas parties that the rest of the school were involved in. All because the Pre-K was funded by a Federal Grant.
I would appreciate a serious answer to that. Every time I hear about the chaplain for Congress I think of those poor Pre-K kids with their window covered over so they wouldn't see all the other kids celebrating Christmas. True story.
In a reversal, Speaker Ryan says the House chaplain will remain in his post
As for the Constitutionality of a chaplain opening legislative sessions with a prayer, the Supreme Court created a ‘set aside’ or ‘carve out’ of the First Amendment where such a practice does not violate the Establishment Clause because it’s predicated on the long-standing historical tradition of legislative chaplains (see Marsh v. Chambers (1983)).
---- which is a bullshit argument on the SCOTUS' part. "Because we've always done it this way" is never a good reason for anything. SCOTUS' job is to judge whether something is in line with the Constitution or not, no matter if it's been the practice for fifty million years. Clearly it failed that job here. Madison's quote above was far more honest.
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