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6 Akron J. Const. L. & Pol'y 1 (2015)

handle is hein.journals/akjopal6 and id is 1 raw text is: PRAYER AND THE MEANING OF THE ESTABLISHMENT CLAUSE: A DEBATE ON TOWN OF GREECE V. GALLOWAY Patrick M. Garry* I. Introduction ...................................................................... 1 II. The Short Answer: Marsh Supports the Prayer Practice ....... 2 III. The Long Answer: The Meaning of the Establishment C lau se .............................................................................. . . 3 A. The Confusing State of Jurisprudence ........................ 3 B. The Purpose of the Establishment Clause .................. 4 C. Historical Proof of an Accommodating Establishment Clause ................................................. 6 D. Full Circle Back to Marsh ........................................... 7 IV . C onclusion ........................................................................ 8 I. INTRODUCTION This article arises from a debate hosted at The University of Akron School of Law and reflects the arguments made by the author at that debate, which focused on the case of Greece v. Galloway.1 At issue in Greece was the constitutionality of the town of Greece's practice of opening its monthly town board meetings with an invocation given by a volunteer chaplain of the month.' The United States Court of * Patrick Garry is a law professor at the University of South Dakota. He received a J.D. and a Ph.D. in Constitutional History from the University of Minnesota. 1. Town of Greece v. Galloway, 134 S. Ct. 1811 (2014). After the debate, the author prepared these written remarks. After submitting these remarks, the United States Supreme Court decided the case, and the author submits this analysis without modification following the Supreme Court's opinion. 2. Members of many different religious traditions delivered invocations; the town allowed any interested person to offer an invocation and never declined a request to deliver an invocation before a Board Meeting. Pet. App 20a, 125a. Although the great majority of the invocations were

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