Full 7th Circuit Revives Church Graduation Suit

[cbayer]

http://www.courthousenews.com/2012/07/24/48651.htm

Tuesday, July 24, 2012Last Update: 5:57 AM PT
Full 7th Circuit Revives Church Graduation Suit
By JOE CELENTINO

CHICAGO (CN) - Two Wisconsin high schools violated religious freedom by holding graduation ceremonies in a church, the full 7th Circuit ruled.

The Elmbrook School District has held graduation ceremonies at Elmbrook Church, a nondenominational Christian parish in Brookfield, since 2000. The school district said it chose the building to provide comfort and space, not to promote Christianity.

The class of 2000 first asked school officials to move the event from the school's "hot, cramped, and uncomfortable" gymnasium, suggesting the church as an alternative. After students raised part of the $2,000 rental fee, Superintendent Matt Gibson obliged. The students repeatedly voted to use the sanctuary, which, unlike the school's old gymnasium, offers amenities such as air conditioning, adequate and comfortable seating, and a large parking lot.

School officials preside over the ceremonies, which proceed on a dais in the main sanctuary.


more at link

[elleng]

1. Too facile to say 'violated religious freedom,' imo.

'Violated First Amendment' would be better.

Decision states: "Regardless of the purpose of school administrators in choosing the location, the sheer religiosity of the space created a likelihood that high school students and their younger siblings would perceive a link between church and state," according to the 34-page lead opinion authored by Flaum. "That is, the activity conveyed a message of endorsement."

First amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Hence, decision states the activity suggests a message that the school district was 'endorsiing' the churc religion of the church, contrary to First Amendment's 'establishment' clause, 'Congress shall make no law respecting an establishment of religion.'

[Goblinmonger]

2. For those of you unfamiliar with Wisconsin geography

Brookfield is in the voting district where the magic votes were found to help Prosser in the Supreme Court election and other hijinks from Kathy Nickolaus. It's a pretty solidly Republican area. Go figure.