WASHINGTON D.C. (WTAQ) - The U.S. Supreme Court was silent again Monday on the question of whether it would take a Wisconsin case, and decide whether a public high school can hold its graduation in a church.
The Los Angeles Times said the court was privately discussing since late March whether it would take up the Elmbrook Church case, and a decision could have come.
There was no decision either way.
Amy Howe of Bloomberg’s Supreme Court blog guesses that the case will be re-listed again for a future conference.
If the justices don’t take the case, an Appeals Court ruling from last July would stand.
It said two Brookfield high schools violated the separation of church-and-state by holding their graduations for much of the last decade in the double-decked Elmbrook Church, where spectators saw a giant cross.
The commencements moved to a new school field house in 2010.
Nine plaintiffs prevailed after the appellate court ruling, and the Elmbrook School Board filed an appeal to the Supreme Court.
If the decision stands, a religious group attorney says a “wave of threat letters” would be sent to schools throughout the country, forcing them to pay damages for holding events in church buildings.