Written by Don Byrd
One of the most contentious areas of church-state battle in recent years has been the use of churches as a venue for high school graduation ceremonies. In Elmbrook, Wisconsin, a federal appeals court last year ruled the trappings of the event represented “an unacceptable amount of religious endorsement and coercion.” The entire 7th Circuit heard the case and voted 7-3 to strike down the arrangement as unconstitutional.
That ruling has been appealed to the U.S. Supreme Court, which has now had two occasions to discuss the case. Writing at Constitution Daily, Supreme Court reporter Lyle Deniston ponders the possible actions the Court could take.
If a majority concludes that the circuit court ruling strays so far from what the Supreme Court precedents required, it is conceivable that the lower court decision could be overturned without the justices even holding a hearing or getting full written legal arguments. If the court opted instead to review the decision, it could be setting the stage for a major new pronouncement on when faith and public education can coexist.
Of course, they could also merely deny the petition and let stand the 7th Circuit’s ruling, where the majority drafted a fairly narrow opinion that pointed to the very particular over-the-top factual concerns in the Elmbrook case. It was not a ruling prohibiting the use of churches generally for commencement ceremonies. Still, if the Supreme Court decides this area of the law has been misapplied, they may yet decide to weigh in. The case of Elmbrook School District v. John Doe is scheduled for the Court’s conference on April 12. Stay tuned.
