Full Federal Appeals Court Agrees to Hear Elmbrook Church Graduation Case

A 2-1 ruling that Elmbrook School District could hold its graduation ceremonies in a church was vacated Thursday, as the full U.S. Court of Appeals for the 7th Circuit agreed to hear the case.

The federal appeals court granted the request for a full-court review, made by Americans United for Separation of Church and State.

A three-member panel of the court ruled in favor of Elmbrook in a 54-page decision Sept. 9, saying the school district's former use of a church as its graduation ceremony venue .

The full 10-member U.S. Court of Appeals, based in Chicago, will hear the case. Oral arguments will be scheduled. 

Elmbrook said for comfort and space it held its graduation ceremonies for years at , a nondemoninational Christian in the Town of Brookfield.

Superintendent Matt Gibson asked the church to cover its large cross in the sanctuary above the graduation stage but the church refused and there were other religious symbols and in some cases, some evangelism near the entrance, according to the lawsuit brought by the Washington D.C.-based organization. Families sat in the pews.

Elmbrook moved its graduation ceremonies back to the high school in 2010, after building a new field house at .

But the Americans United for Separation of Church and State, who sued on behalf of nine families whose names were kept anonymous, said their clients want to ensure Elmbrook doesn't return the ceremonies to the church.

Alex Luchenitser, the group's senior litigation counsel, said it also was important that the full U.S. Appeals Court hear the case because the smaller panel's decision was the first federal appellate ruling on the issue of holding public school graduations in religious venues.