This article examines the constitutionality of the Texas Legislature’s practice of opening sessions with legislative prayer under the Establishment Clause. The author analyzes the historical foundations of legislative prayer and situates Texas’s practices within the Supreme Court’s decisions in Marsh v. Chambers and Town of Greece v. Galloway. The article argues that features of the Texas practice—particularly its sectarian content and selection procedures—raise serious constitutional concerns not present in the precedents relied upon to uphold legislative prayer. By comparing Texas’s approach to other state practices, the article highlights tensions between historical tradition and contemporary commitments to religious neutrality and inclusiveness. The article concludes that Texas’s legislative prayer practice may exceed constitutional limits and warrants renewed judicial scrutiny.
Amanda Voeller (Tue,) studied this question.