The Supreme Court ruled Monday that public school graduation ceremonies cannot be held in churches. The decision closes a lawsuit filed in 2012 against the Elmbrook School District in Brookfield, Wisconsin.
The Court denied Elmbrook's appeal of their decision in a 5-4 split.
From 2000 to 2009, the district held Brookfield Central and Brookfield East High School graduation ceremonies at Elmbrook Church—an evangelical megachurch in Brookfield. The district said the schools' gyms had limiting seating, were not equipped to accommodate disabled persons, and were not air-conditioned.
In 2009, the Americans United for the Separation of Church and State (AU)—joined by nine students and parents—filed suit. They were defeated in district and appeals court in September 2011. The case was retried nearly a year later, and the Seventh Circuit Court of Appeals reversed its decision. The appeals court noted that "towering over the graduation proceedings ... was a 15- to 20-foot-tall Latin cross, the preeminent symbol of Christianity."
Since 2010, the high schools' graduation ceremonies have been held in the Brookfield East Fieldhouse.
The dissenting Supreme Court judges said that the majority's ruling was inconsistent with their May decision allowing prayer in council meetings. Justice Anthony Kennedy, however, saw a difference between First Amendment liberties taken with an adult audience versus with youth.
"Adults often encounter speech they find disagreeable," he said, representing the majority. He added that adults can remove themselves from an unsettling situation if they choose, whereas the high school students are expected to remain in their seats.
Conservative Christian advocacy organization Alliance Defending Freedom criticized the Court's decision.
"Church buildings should not be treated like toxic warehouses simply because they normally house religious activities," senior counsel David Cortman told the L.A. Times.
The district, which spent $5,000 fighting the case, is moving on.
"The District respects the ruling of the court and its denial of certiorari, and looks forward to continuing the practice of celebrating with our graduates and their families in Brookfield East's Fieldhouse for years to come," Chief Information Officer Chris Thompson said in a statement.
