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Chicago-Kent College of Law

Seventh Circuit Review

Journal

2012

First amendment

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Full-Text Articles in Law

Tests And Prongs And Factors, Oh My!: An Examination Of The Seventh Circuit's Decision In Doe Ex Rel. Doe V. Elmbrook School District, Jack C. Marshall Sep 2012

Tests And Prongs And Factors, Oh My!: An Examination Of The Seventh Circuit's Decision In Doe Ex Rel. Doe V. Elmbrook School District, Jack C. Marshall

Seventh Circuit Review

Interpreting the ten words that make up the Establishment Clause and applying them in the context of public schools has frustrated the U.S. Supreme Court and consequently confused lower courts. The Seventh Circuit's recent opinion in Doe ex rel. Doe v. Elmbrook School District illustrates the quagmire that is modern Establishment Clause jurisprudence.

For years, Elmbrook School District held their high school graduation ceremonies in a nearby church. In 2010, students and parents of children who attended Elmbrook School District filed suit, arguing that holding graduation in a church violates the Establishment Clause. Sitting en banc, the Seventh Circuit held …