Elmbrook Graduation Appeal Still Pending Before Supreme Court

The U.S. Supreme Court has not yet decided whether to accept the Elmbrook School District’s appeal of a lower court decision the district violated the constituion by holding graduation ceremonies at Elmbrook Church.

The Supreme Court has been scheduled to conference on the case three times in March and April, including Friday. A blog published by the law firm of Foley & Lardner indicated that the court could decide Monday whether to hear the case, but nothing was listed on Monday's Supreme Court orders. 

The high court's docket also does not list the Supreme Court’s next steps in the case.

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 amid religious imagery, including a large cross over the stage and Bibles in the pews where attendees sat. Elmbrook school officials are asking the Supreme Court to overturn the appellate court decision.

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 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.