The U.S. Supreme Court on Monday declined to get into a major church-state controversy over use of church property for a public school graduation ceremony.
Justices denied review in Elmbrook School District v. Doe, a suit brought by residents in Brookfield, Wis., who objected to using a local church for public school graduations.
Students were behind the move, because the school’s own facilities were crowded and without air conditioning. An en banc U.S. Court of Appeals for the Seventh Circuit ruled against the school district, finding the practice “religiously coercive” for those who objected. The district appealed to the high court.
Justice Antonin Scalia dissented from the court’s denial of review, citing the court’s recent decision in Town of Greece v. Galloway, which permitted prayers at the beginning of local government meetings. As in that decision, Scalia said the use of religion might be offensive to some, but not unconstitutional.
“It is perhaps the job of school officials to prevent hurt feelings at school events,” Scalia wrote. “But that is decidedly not the job of the Constitution.” Justice Clarence Thomas joined Scalia’s dissent.
