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Wisconsin waiting to see if US Supreme Court will hear graduation church case

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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.

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