Written by Don Byrd
It looks like we may get an appeal to the U.S. Supreme Court after all in the dispute over the use of a church sanctuary for high school commencement ceremonies in Elmbrook, Wisconsin. Back in July, the 7th Circuit ruled the practice unconstitutional in that case because of several indicators that the church was using the occasion to proselytize to graduation attendees. Now, new attorneys for the school district are asking the Supreme Court for an extension so they can file an appeal.
The federal appellate court ruling was the first in the nation on the
issue of holding public graduations in a religious setting, attorneys
said.
“If the Supreme Court agrees to hear the school district’s appeal, it will become one of the most significant church-state cases in many years,” said Luke Goodrich, Becket Fund deputy general counsel.
With an Oct. 22 deadline looming to file its appeal, the school district and its lawyers sought an extension on Thursday to adequately prepare.
“We’ve had decisions go both ways (in the case), and certainly there’s merit” justifying an appeal, Foy said. “We think there are broad implications and we want some clarity from the Supreme Court.”
Elmbrook hasn’t held its graduations at the church since 2009 — now holding them at a newly built East Field House, but the districts wants clarification on whether in the future it could rent religious facilities for school events.
Statistically speaking, the chances that the Supreme Court will take this case are slim. But I also suspect that even if a healthy percentage of the Court wants to take on a ruling like this, they won’t want a set of facts in which church leaders sat at information booths with religious literature during the ceremony, as in this case. But, you never know – stay tuned!
