In the 1982 case Marsh v. Chambers, Ernest Chambers, a member of the Nebraska legislature, challenged the constitutionality of state-sponsored prayer at legislative sessions. He argued that this practice violated the Establishment Clause of the First Amendment which prohibits government endorsement or establishment of religion. The Supreme Court ruled in a 6-3 decision that such prayers were constitutional and did not violate this clause. Writing for majority, Chief Justice Warren Burger stated that these practices are deeply embedded in American history and tradition dating back to colonial times and thus do not constitute an unconstitutional endorsement or establishment of religion by government bodies. This ruling has since been used as precedent to uphold similar practices across various levels of government.

In the dissenting opinion for Marsh v. Chambers, Justice William Brennan Jr., joined by Justice Thurgood Marshall, argued that Nebraska's practice of legislative prayer was a violation of the Establishment Clause in the First Amendment. They contended that government should not be seen to endorse any form of religion and this includes ceremonial deism such as prayers at legislative sessions. The justices believed that even non-denominational prayers could alienate those with different religious beliefs or none at all, thus undermining the principle of inclusivity in public institutions. Furthermore, they disagreed with historical arguments supporting state-sponsored prayer since practices from early American history do not necessarily justify contemporary actions against constitutional principles.