Will U.S. Supreme Court Act Soon On Elmbrook Graduation Appeal?

The U.S. Supreme Court could decide as soon as Monday to hear the Elmbrook School District’s appeal of a ruling that holding graduation ceremonies in a church is unconstitutional.

The school district is challenging the July federal appellate court decision that found the district had violated the First Amendment when it held previous commencements at Elmbrook Church.

The district was sued over its decade-long use of a Town of Brookfield megachurch for Brookfield Central and East's graduation ceremonies, based on the separation of church and state clause in the First Amendment.

Elmbrook school officials are asking the Supreme Court to overturn the appellate court decision.

During their conference Friday, justices were believed to have reviewed the Elmbrook case. If the justices reached a decision Friday, that decision would be announced Monday morning, according a blog published by the law firm of Foley & Lardner.

Elmbrook hasn't held its graduations at the church since 2009, and now holds them at the East High School fieldhouse. But the district wants clarification on whether in the future it could use religious facilities for school events.

The 7th Circuit Court of Appeals ruled in July that Elmbrook violated the First Amendment when it held public high school graduations at Elmbrook Church amid religious imagery, including a large cross over the stage and Bibles in the pews where attendees sat.

“If the Supreme Court agrees to hear the school district’s appeal, it has Luke Goodrich, deputy general counsel at the Becket Fund for Religious Liberty, which is working on behalf of Elmbrook School District, said in December.

The Supreme Court typically receives about 10,000 petitions for review each year, and it accepts about 1 percent of them.