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Court Refuses To Enjoin Graduation In Church Building

By Howard M. Friedman

Yesterday in Does v. Elmbrook Joint Common School District No. 21, (ED WI, June 2, 2009), a Wisconsin federal district court refused to grant a preliminary injunction to bar two Wisconsin high schools from holding their graduation ceremonies in a church building. Yesterday's Milwaukee Journal Sentinel reports on the judge's oral decision which concluded that using the church would not be viewed by most as an endorsement of the church's beliefs. He said:"A ceremony in a church does not necessarily constitute a church ceremony." The order denying the injunction indicated that a written opinion would follow.

A release by Americans United, which brought the lawsuit, said that at previous graduation ceremonies held in Elmbrook Church, a suburban Milwaukee mega-church, students were awarded their degrees under a 20-foot tall cross. Also the church teaches that non-Christians, such as plaintiffs, will suffer eternal torment in Hell. AU says that there are 11 secular venues in the area that could have been used for graduation. TMJ4 News says this is likely the last year the church will be used for graduation because new gymnasiums in the two high schools will be available by next year. (See prior related posting.)

Full post as published by Religion Clause on June 03, 2009 (boomark / email).