Argued: Marsh v. Chambers — The U.S. Supreme Court will permit the practice of beginning the legislative sessions in Nebraska with a prayer given by the publicly funded chaplain.
This decision relies solely on historical practice and tradition — there isn't even a pretense of using the standard tests which the Supreme Court applies in other cases.
It seems likely that this is deliberate because the justices recognize that if they applied any of their usual tests, then legislative prayers like this would be unconstitutional and such a decision would be unpopular. Thus this ruling by the U.S. Supreme Court is evidence that decisions can be made based not on law or reason, but political and religious popularity. Read More: Marsh v. Chambers