The question of the constitutionality of legislative chaplains has essentially gone unaddressed. The Supreme Court recently ventured into this uncharted wilderness, when, in Marsh v. Chambers, the Court ruled that a Nebraska legislative chaplaincy program did not violate the Establishment Clause. In addition to being the first Supreme Court case dealing with legislative chaplains, Marsh also marked a departure from the Court's usual method of Establishment Clause analysis.
M. Greg Crumpler, Constitutional Law - Legislative Chaplaincy Program Held Not to Violate the Establishment of Religion Clause - Marsh v. Chambers, 6 Campbell L. Rev. 143 (1984).