Politics & Government

Elmbrook Church-State Graduation Case Still Pending

The United States Supreme Court session ended on Thursday, with no decisions brought forward in the Elmbrook School District graduation petition.

Six months after the Elmbrook School District appealed to the U.S. Supreme Court to take up the issue of whether graduations could be held in churches, the high court this week adjourned for this session without ruling on the case.

But that doesn't mean the justices won't review the case in an upcoming session, attorneys on both sides agree.

Instead, it appears the Supreme Court will first hear another church-state case that could have an effect on Elmbrook.

Alex J. Luchenitser, an attorney on the case and the Associate Legal Director with Americans United for Separationof Church and State, said the Elmbrook case is in limbo pending a decision on another case — Town of Greece v. Galloway — debating the constitutionality of opening city and town meetings with prayers.

The 7th Circuit Court of Appeals ruled in July that the Elmbrook School District violated the Constitution's 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.

The district filed the petition in December. Elmbrook hasn't held its graduations at the church since 2009 — now holding them at a newly built East Field House — but the district wants clarification on whether in the future it could rent religious facilities for school events.

The court will need to come to a decision on the Greece v. Galloway case before again adding the Elmbrook graduation case to the list to be considered.

"This is not unusual when cases share a common issue," according to Attorney Michael McConnell, who is representing the School District.

The next session starts in October. Luchenitser said when a decision is made in the Greece v. Galloway case, there will be three options: the court can deny review of the case, grant review or send the case back to the circuit courts to be reconsidered given the decision. Luchenitser added that it will likely be next spring before the Elmbrook case is heard.


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