chaplains and opening prayers as a violation of that Amendment," Marsh. 463 U.S. at 788, they plainly did not view paid legislative chaplains as a violation of the Religious Test Clause. Indeed, the whole purpose of legislative chaplains, the Court noted, is to invoke "Divine guidance" on legislative bodies. See uL at 792. Given this purpose, there can be no constitutional requirement that Congress elect, as chaplains, persons who are unwilling to perform the position's core duties. Cf. K-urtz. 820 F.2d at 1143 ("it defies belief that [the House or Senate chaplain] could have provided appellant [a "secular humanist"] the privilege of either floor for any purpose other than prayer").22 Accordingly, for all of these reasons, plaintiffs Article VI claim should be dismissed.
C.    Plaintiffs Supremacy Clause Claim Is Baseless
Plaintiffs Supremacy Clause challenge is difficult to follow. Plaintiff notes that the Supremacy Clause makes federal law "the supreme Law of the Land," and that "executive and judicial Officers ... shall be bound by Oath or Affirmation to support th[e] Constitution." Compl. at m 67-68 (quoting U.S. Const. Art. VI, cl. 2 & cl. 3). From this unassailable premise, plaintiffclaims it is somehow unlawful for congressional chaplains, as part of their prayers, to "contend[] that God and God's law reigns supreme in this Nation." Compl. at ^ 69; see also id_ at If 70 (quoting statement from the Senate chaplain's website).
"Plaintiffs claim, if accepted, presumably also would invalidate military chaplaincies, which are constitutionally permissible, if not constitutionally required. See Katcoffv. Marsh. 755 F.2d at 234-35 (military chaplaincy constitutionally required to effectuate Free Exercise rights of service members and to preserve neutrality under the Establishment Clause). Cf. Board of Ed. ofKirvas Joel Vill. Sch. Dist. v. Grumet. 512 U.S. 687, 706 (1994) (quoting Justice Brennan's concurring statement in School Dist. ofAbington Township. 374 U.S. at 299, that "hostility, not neutrality, would characterize the refusal to provide chaplains and places of worship for prisoners and soldiers cut off by the State from all civilian opportunities for public communion").
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