Written by Don Byrd
Back in July, the 7th Circuit Court of Appeals found unconstitutional a Wisconsin school district’s practice of holding graduation ceremonies in a church. The court did not hold that commencement in churches is automatically a violation of church-state separation. Instead, the Court found that circumstances like those found in this case – including church members manning information booths with religious literature during the graduation – went over the line to exploit the use of the church for religious purpose.
The Elmbrook school district has appealed the case to the U.S. Supreme Court. They argue that the 7th Circuit conflated the “endorsement” of religion by government-sponsored display with the “coercion” of religion by pressuring individuals to engage in religious activity.
The Seventh Circuit collapsed the distinction between the two lines of analysis by holding that mere exposure to passive religious symbols constitutes “coercion,” and that entirely neutral government conduct constitutes unconstitutional “endorsement.” The result is a rule against conducting public functions in a church building, even for reasons of secular convenience.
You can read the petition here.
