Based on this evidence of the Framers' intent, and the "unambiguous and unbroken history of more than 200 years," the Court sustained the practice of opening legislative sessions with prayer. See 463 U.S. at 792. Finding that this practice had "become part of the fabric of our society" (id.). the Court said: "[t]o invoke Divine guidance on a pubic body entrusted with making the laws is not, in these circumstances, an 'establishment' of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country." Id;
The Court then turned to (and rejected) Establishment Clause challenges to three specific features of the Nebraska practice. First, the Court rejected a challenge based on the tenure and denomination of the incumbent chaplain - a Presbyterian clergyman who had been chaplain for 16 years. See 463 U.S. at 793 ("[w]e cannot... perceive any suggestion that choosing a clergyman of one denomination advances the beliefs of a particular church"). Second, the Court rejected a challenge based on the chaplain's status as a paid public employee. See vL, at 794 ("[njor is the compensation of the chaplain from public funds a reason to invalidate the Nebraska Legislature's chaplaincy"). Third, and finally, the Court rejected a challenge based on the content of the chaplain's prayers, which were described as "in the Judeo-Christian tradition." See id. at 793-95 ("[t]he content of the prayer is not of concern to judges where, as here, there is no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief).
b. Murray v. Buchanan. Three months after the Supreme Court's decision in Marsh, the D.C. Circuit decided Murray v. Buchanan. rejecting an Establishment Clause
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