U.S. Supreme Court Puts Off Elmbrook Case Again

The U.S. Supreme Court on Friday once again did not consider the Elmbrook School District’s appeal of a lower court decision that the district violated the Constitution by holding graduation ceremonies at Elmbrook Church.

The Supreme Court had been scheduled to conference on the case on March 22 and 29, and then April 12 and 19. It has been distributed again for this Friday’s regular conference.

Each Monday morning, the court issues an “orders list” indicating which cases have been disposed of based on the previous Friday’s conference.

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.