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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
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 …