Sun Sentinel Palm Beach Edition

Justices ponder graduation case

Court may tackle school ceremony at Wisconsin church

- By David G. Savage dsavage@tribune.com

WASHINGTON— Can a public high school hold its graduation ceremony in a local church?

The Supreme Court has been pondering that question for six weeks, discussing whether to take up a Wisconsin case that could reset the line separating church and state.

Last year, the 7th U.S. Circuit Court of Appeals in Chicago ruled the Elmbrook School District, near Milwaukee, violated the First Amendment and its ban on “an establishm­ent of religion” by holding high school graduation in the sanctuary of an evangelica­l Christian church.

The choice was popular with students and school officials for a decade. The old high school gym was hot, cramped and uncomforta­ble, they said. The Elmbrook Church was modern, spacious and airconditi­oned. But as the court noted, “towering over the graduation proceeding­s … was a 15- to 20-foot tall Latin cross, the pre-eminent symbol of Christiani­ty.”

That goes too far, the appeals court said, turning a public school ceremony into an “endorsemen­t” of a particular religion.

Nine students and parents, all unnamed, had sued the school district, saying they felt uncomforta­ble and offended by having their graduation in an evangelica­l church. Christians should “stop and think about how it would feel if their high school graduation ceremonies were held in a Jewish temple or Muslim mosque, where diplomas were handed out beneath a looming Star of David or Islamic crescent,” said Ayesha Khan, legal director for Americans United for Separation of Church and State, which represente­d the winning plaintiffs.

Since March 29, the justices have considered the Elmbrook case at their weekly conference­s but taken no action, raising the chances the appeal will be turned down.

If so, the 7th Circuit’s decision will stand as a warning to school districts that they too could be forced to pay damages and heavy court costs if they hold events in church buildings.

“You will see a wave of threat letters going out to school districts” if the appeal is turned down, predicted Luke Goodrich, a lawyer for The Becket Fund for Religious Liberty.

Becket, national school groups and lawyers for 15 states backed the school district’s appeal to the SupremeCou­rt. They said that holding school events in church buildings is common around the country, and they argue that the mere presence of religious symbols does not “establish” an official religion.

“The Constituti­on does not require the government to treat churches as contaminat­ed buildings that are uniquely unfit for public events,” Goodrich said.

For more than two decades, the justices have struggled, without much success, to set rules for cases when the government is sued for displaying religious symbols. Examples include a cross in a public square, a nativity scene during the Christmas season or the Ten Commandmen­ts at county courthouse­s.

No clear rules emerged, however. In 2005, the court ended up split when it took up two cases challengin­g displays of the Ten Commandmen­ts. One was inside a Kentucky courthouse, the other a granite monument outside the Texas state capitol. In a pair of 5-4 votes, the court approved the Texas monument, but not the Kentucky courthouse posting.

Justice Stephen Breyer, who alone was inthe majority in both cases, said the context counts. While the Kentucky posting was a new and controvers­ial move to promote a religious message, the Texas monument had stood almost unnoticed for decades among the other historic statues and monuments, he said.

Since then, the court has turned down a series of appeals in church-state cases, most of them backed by conservati­ve advocacy groups.

Two weeks ago, in addition to the Elmbrook case, the court also considered an appeal from the town of Greece, N.Y., near Rochester. The town was sued for opening most of its monthly meetings with a prayer from a Christian pastor.

The justices may announce their decision on the appeals when they meet Monday to issue decisions.

 ?? C.T. KRUGER/NOWCOMMUNI­TY NEWSPAPERS PHOTO ?? Elmbrook School District’s use of Elmbrook Church for graduation was deemed improper by a federal appellate court.
C.T. KRUGER/NOWCOMMUNI­TY NEWSPAPERS PHOTO Elmbrook School District’s use of Elmbrook Church for graduation was deemed improper by a federal appellate court.

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