The Gods of Greece Are Not Pleased: The Constitutionality of Legislative Prayer at the Local Level

Abstract

Religion played a vital role in the formation of our nation. Today, however, many individuals, including legal professionals, are unsure of the proper relationship between religion and government. In Town of Greece v. Galloway, the U.S. Supreme Court has been asked to examine one facet of this relationship. It will determine whether local legislative bodies can open their meetings with prayer without violating the Establishment Clause in the First Amendment to the U.S. Constitution. The Establishment Clause provides, “Congress shall make no law respecting an establishment of religion.” In this article, the author will address the various inconsistent tests and factors used to determine whether the government has violated the Establishment Clause. The article will also address Marsh v. Chambers, a case where the U.S. Supreme Court relied on the factors of history and tradition to determine that federal and state legislative bodies can open their meetings with prayer. The author explains why the Town of Greece believes the Court should rule as it did in Marsh, while also explaining the arguments raised in opposition by Galloway. The author concludes that if the Court relies on the factors of history and tradition as it did in Marsh, then it should uphold the constitutionality of the prayer practice at issue here. Furthermore, the author expresses his desire that the Court would take this opportunity to formally adopt a single test, preferably the “actual legal coercion test,” for analyzing future Establishment Clause cases. This “actual legal coercion test,” as supported by some justices currently on the Court, would find no violation of the Establishment Clause unless the government is actually coercing support or participation in religion. By using this test, the Court should uphold the constitutionality of the prayer practice as described in Greece.