Katcoff v. Marsh at Twenty-Two: The Military Chaplaincy and the Separation of Church and State

Abstract

This article discusses whether congressional funding of military chaplains violated the principle basis of the Establishment Clause: the separation of church and state. The article explains that while Katcoff v. Marsh upheld the existence of the military chaplaincy against an Establishment Clause challenge, it did not foreclose judicial oversight of the military chaplaincy under the Establishment Clause. Instead, the ruling left open questions about the chaplaincy that exist today. The article discusses the Katcoff case, its continuing vitality, and some Establishment Clause issues the case did not address or resolve.