Senators Marco Rubio (FL-R), Lamar Alexander (TN-R), John Barrasso (WY-R), et al. Amici Curiae
Steffen N. Johnson, Counsel of Record
Marco Rubio, Lamar Alexander, and John Barrasso are joined in this brief by 31 other U.S. senators. The following is excerpted from the Amicus Curiae Brief for Petitioner as submitted to the U.S. Supreme Court on August 2, 2013. Marsh v. Chambers (1983) sustained legislative prayer on the ground that the practice was instituted by the authors of the Establishment Clause and “ever since … has coexisted with the principles of disestablishment and religious freedom.” The Second Circuit held that Marsh invalidates a legislative prayer practice that produces a majority of prayers that the court deemed “sectarian” — in…
