(September 17, 1907\u2013June 25, 1995), was Chief Justice of the U.S. Supreme Court, 1969\u201386. He had served on the faculty of William Mitchell College of Law, St. Paul, 1931\u201348; assistant U.S. Attorney General, 1953\u201356; and judge of the U.S. Court of Appeals, District of Columbia, 1956\u201369. He delivered the court\u2019s opinion in the case of Marsh v. Chambers,<\/i> 675 F. 2d 228, 233 (8th Cir. 1982); review allowed, 463 U.S. 783 (1982), regarding chaplains opening Legislative sessions with prayer:<\/p>\n
The men who wrote the First Amendment religion clause did not view paid legislative chaplains and opening prayers as a violation of that amendment \u2026 the practice of opening sessions with prayer has continued without interruption ever since that early session of Congress.3554<\/p>\n
It can hardly be thought that in the same week the members of the first Congress voted to appoint and pay a chaplain for each House and also voted to approved the draft of the First Amendment \u2026 (that) they intended to forbid what they had just declared acceptable.3555<\/p>\n
[Prayer and Chaplains] are deeply embedded in the history and tradition of this country.3556<\/p>\n
The legislature by majority vote invites a clergyman to give a prayer, neither the inviting nor the giving nor the hearing of the prayer is making a law. On this basis alone \u2026 the sayings of prayers, per se, in the legislative halls at the opening session in not prohibited by the First and Fourteenth Amendments.3557<\/p>\n
The case of Bogen v. Doty<\/i> \u2026 involved a county board\u2019s practice of opening each of its public meetings with a prayer offered by a local member of the clergy. \u2026 This Court upheld that practice, finding that it advanced a clearly secular purpose of establishing a solemn atmosphere and serious tone for the board meetings. \u2026 Establishing solemnity is the primary effect of all invocations at gatherings of persons with differing views on religion.3558<\/p>\n
In a 1985 opinion of Lynch v. Donnelly,<\/i> 465 U.S. 668, 673 (1985), Chief Justice Warren Burger upheld that the city of Pawtucket, R.I., did not violate the Constitution by displaying a Nativity scene. Noting that presidential orders and proclamations from Congress have designated Christmas as a national holiday in religious terms since 1789, he wrote:<\/p>\n
The city of Pawtucket, R.I., annually erects a Christmas display in a park. \u2026 The creche display is sponsored by the city to celebrate the Holiday recognized by Congress and national tradition and to depict the origins of that Holiday; these are legitimate secular purposes. \u2026 The creche \u2026 is no more an advancement or endorsement of religion than the congressional and executive recognition of the origins of Christmas. \u2026 <\/p>\n
It would be ironic if \u2026 the creche in the display, as part of a celebration of an event acknowledged in the Western World for 20 centuries, and in this country by the people, the Executive Branch, Congress, and the courts for 2 centuries, would so \u2018taint\u2019 the exhibition as to render it violative of the Establishment Clause. To forbid the use of this one passive symbol \u2026 would be an overreaction contrary to this Nation\u2019s history.3559<\/p>\n
There is an unbroken history of official acknowledgement by all three branches of government of the role of religion in American life. \u2026 The Constitution does not require a complete separation of church and state. It affirmatively mandates accommodation, not merely tolerance, of all religions and forbids hostility towards any. \u2026 <\/p>\n
Anything less would require the \u201ccallous indifference\u201d we have said was never intended by the Establishment Clause. Indeed, we have observed, such hostility would bring us into a \u201cwar with our national tradition as embodied in the First Amendment\u2019s guaranty of the free exercise of religion.\u201d3560<\/p>\n
On May 23, 1971, in the Los Angeles 2Chief Justice Warren Burger stated;<\/p>\n
I am developing a deep conviction as to the necessity for civility if we are to keep the jungle from closing in on us and taking over all that the hand and brain of man has created in thousands of years. \u2026 Without civility no private discussion, no public debate, no legislative process, no political campaign, no trial of any case, can serve its purpose or achieve its objective. When men shout and shriek or call names, we witness the end of rational thought process if not the beginning of blows and combat. I hardly dare take the risk of adding that this may also be relevant to the news media.3561<\/p>\n","protected":false},"excerpt":{"rendered":"
(September 17, 1907\u2013June 25, 1995), was Chief Justice of the U.S. Supreme Court, 1969\u201386. He had served on the faculty of William Mitchell College of Law, St. Paul, 1931\u201348; assistant U.S. Attorney General, 1953\u201356; and judge of the U.S. Court of Appeals, District of Columbia, 1956\u201369. He delivered the court\u2019s opinion in the case of … Continue reading “BURGER,
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