1	all cases since its adoption in 1971, except in Marsh v. Chambers
2	... where the Court held that the Nebraska Legislature's practice
3	of opening a session with a prayer by a chaplain paid by the
4	State did not violate the Establishment Clause. The Court based
5	its conclusion in that case on the historical acceptance of the
6	practice.")
7	Taking up the history of prayers before legislative
8	sessions. Chief Justice Burger first observed that as early as
	••f
9	1774, the Continental Congress opened its sessions with a prayer
10	offered by a paid chaplain. Marsh, at 787; 103 S.Ct. at 3333-34.
11	In addition, one of the first items of business for the First
12	Congress was to adopt a policy regarding the selection of a
13	chaplain to open each session with a prayer. Id., at 788-789;
14	103 S.Ct. at 3334. Of significance to the Supreme Court was the
15	fact that on September 25, 1779, three days after Congress
16	authorized the appointment of paid chaplains, final agreement was
17	reached on the language of the Bill of Rights. Id. "Clearly the
18	men who wrote the first Amendment Religion Clause did not view
19	paid legislative chaplains and opening prayers as a violation of |
20	that Amendment, for the practice of opening sessions with prayer
21	has continued without interruption ever since that early session
22	of Congress." Jd.
23	That the Nebraska chaplain was paid with tax dollars was
24	irrelevant to the Court's analysis. Justice Burger observed
25	that "remuneration is grounded in historic practice
26	initiated...by the same Congress that adopted the Establishment
27	Clause." Id., at 794, 103 S.Ct. at 3337. And, the court noted,
28	many other state legislatures and the United States Congress
	11