DOE EX REL. DOE v. ELMBROOK SCHOOL DIST.

No. 10-2922.

658 F.3d 710 (2011)

John DOE, 3, a minor by Doe 3's next best friend DOE 2, et al., Plaintiffs-Appellants, v. ELMBROOK SCHOOL DISTRICT, Elmbrook Joint Common School District No. 21, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 9, 2011.


Attorney(s) appearing for the Case

Alexander J. Luchenitser (argued), Attorney, Americans United for Separation of Church and State, Washington, DC, for Plaintiffs-Appellants.

Lori M. Lubinsky (argued), Attorney, Axley Brynelson, LLP, Madison, WI, for Defendant-Appellee.

Roger A. Ford , Attorney, Covington & Burling LLP, Jay A. Sekulow , Attorney, American Center for Law and Justice, Washington, DC, Richard M. Esenberg , Attorney, Milwaukee, WI, for Amici Curiae.

Before EASTERBROOK, Chief Judge, and FLAUM and RIPPLE, Circuit Judges.


RIPPLE, Circuit Judge.

A group of pseudonymous plaintiffs, referring to themselves as Does 1 through 9, brought this action against the Elmbrook School District ("the District") in the United States District Court for the Eastern District of Wisconsin. They alleged that the District's practice of holding high school graduation ceremonies and related events at a Christian church rented by the District for the occasion violated the Establishment Clause of the First...

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