Elmbrook School District v. Doe

Description:  Fearing a cramped, wooden-benched, and un-air conditioned gymnasium would ruin their big day, high school seniors in the Elmbrook School District looked for an alternative venue in which to hold their graduation exercises. They asked to move to the nearby Elmbrook Church building because it could easily accommodate all of their guests (even those with disabilities) and offered amenities like cushioned seating, free parking, and temperature control. The rental price of the church was also less expensive than holding the graduation ceremony in the school’s antiquated gym. District officials agreed and rented the church for graduation ceremonies until the completion of a public school facility that offered similar creature comforts. After that, graduations were held on school grounds. Some offended current and former students and their parents, represented by attorneys with Americans United for Separation of Church and State, filed suit.


US Supreme Court declines to hear case of school graduation at church auditorium

Monday, Jun 16, 2014

The following quote may be attributed to Alliance Defending Freedom Senior Counsel David Cortman regarding the U.S. Supreme Court’s decision Monday to let stand a U.S. Court of Appeals for the 7th Circuit ruling in Elmbrook School District v. Doe, which prohibited a public school district from renting a church facility for graduation ceremonies:

“Church buildings should not be treated like toxic warehouses simply because they normally house religious activities. That has never been the intent of the First Amendment. On the contrary, as Justices Scalia and Thomas remark in their dissent, the Elmbrook School District did not violate the Constitution, and the 7th Circuit’s bad decision in this case clearly conflicts with the Supreme Court’s recent opinion in Town of Greece v. Galloway, which stated that mere ‘offense…does not equate to coercion.’ For these and other reasons, we hope the Supreme Court will clearly affirm in a future case that government neutrality toward religion is not achieved by treating it like asbestos in the ceiling tiles of society.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.

 
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