Graduation plans move ahead as lawsuit continues
Although judge's decision yet to come, appeals seems likely
On June 13, this year's senior class will become the first to graduate in the new Brookfield East High School gym.
Brookfield East High School's Class of 2010 will walk the stage at 11 a.m. Commencement for Brookfield Central High School seniors will follow at 3 p.m.
The announcement comes after the recent completion of new gymnasiums at both high schools, but also amid a lawsuit over the district's past use of Elmbrook Church as a graduation venue.
Superintendent Matt Gibson said the lawsuit had nothing to do with the choice to move the graduations on-campus.
"This thinking wasn't prompted by the lawsuit. … That's been the plan all the way along," he said.
Lawsuit proceeding
On behalf of several unnamed plaintiffs, Americans United for Separation of Church and State filed a lawsuit April 22 in federal court in Milwaukee to stop Elmbrook 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."
Since then, the lawsuit has proceeded. Representatives for Americans United and the district filed response briefs Aug. 26, the last step in the legal process before Clevert issues his decision on the case.
Appeal seen as likely
Rob Boston, senior policy analyst for Americans United, said the judge could take months to issue the decision. However, Boston said, Clevert's ruling on the injunction seems to indicate he will again rule in favor of the district.
"The court already sort of telegraphed its intentions when it wrote against us in the preliminary injunction," Boston said, adding, "At this point, we're really looking at an appeal."
Americans United plans to take the case to the Seventh Circuit Court of Appeals unless the plaintiffs say otherwise, he said.
Lori Lubinsky, attorney for Elmbrook School District, said she expects Americans United to appeal, but remains confident that the district has a strong case.
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