Graduation lawsuit moves forward
After being denied a preliminary injunction to stop Elmbrook School District from using Elmbrook Church as a graduation venue, Americans United for Separation of Church and State will continue its federal lawsuit, an attorney for the advocacy group said.
Alex Luchenitser, senior litigation counsel for Washington, D.C.-based Americans United, said that if the decision reached in the case is not favorable for Americans United, he is "very likely to appeal the ruling to the Seventh Circuit Court of Appeals."
Lori Lubinsky, attorney for Elmbrook School District, said she has not yet spoken with district officials about the possibility of an appeal.
"We're confident we're going to prevail," Lubinsky said. "In the event we don't, we'll evaluate if, or whether, we'll appeal at that point."
Representatives for Americans United and Elmbrook School District filed cross motions for summary judgment July 17. The motions state that each side believes it is entitled to win the case without a trial. Each side will respond to the other's motion in a response brief by Aug. 26.
On behalf of several unnamed plaintiffs, Americans United filed a lawsuit April 22 in federal court in Milwaukee to stop the district from holding graduations at Elmbrook Church. The group argued holding a public ceremony at a religious venue was an unconstitutional violation of the separation of church and state.
In June, the group sought a preliminary injunction to stop this year's ceremonies from proceeding as planned. After a three-hour hearing, U.S. District Judge Charles Clevert decided to allow the graduations to be held at the church, saying that "a ceremony in a church does not necessarily constitute a church ceremony."
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