Written by Don Byrd
Holding the Elmbrook School District high school graduation ceremonies in the sanctuary of a local church violated the separation of church and state, according to a 7th Circuit decision nearly 2 years ago. Today, the U.S. Supreme Court turned down the school district’s appeal in that case, leaving the ruling in place.
Importantly, the Elmbrook opinion does not prohibit all graduation ceremonies in houses of worship. The situation there involved, among other things, church members distributing religious literature and manning information booths during the event. In other circumstances, where a church is a necessary venue and refrains from proselytizing during the event, school districts may still be allowed to hold commencement ceremonies there.
Justice Scalia wrote a dissent from today’s decision, urging the Court to take up the case. He argued that the Court’s recent ruling in Town of Greece put an end to the endorsement test the 7th Circuit relied upon in its opinion. He also claimed that the facts of this case fall short of the kind of coercion required to find the graduation ceremony unlawful on that ground.
