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DOE EX REL. DOE v. ELMBROOK SCHOOL DIST.

No. 10-2922.

687 F.3d 840 (2012)

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 July 23, 2012.

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, Madison, WI, for Defendant-Appellee.

Kerry L. Monroe , Covington & Burling LLP, Washington, DC, for Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Wisconsin, and American Jewish Committee.

Jay A. Sekulow , American Center for Law and Justice, Washington, DC, for Amicus Curiae American Center for Law and Justice.

Richard M. Esenberg , Wisconsin Institute for Law & Liberty, Milwaukee, WI, for Amicus Curiae Alliance Defense Fund.

Before EASTERBROOK, Chief Judge, and POSNER, FLAUM, RIPPLE, KANNE, WOOD, WILLIAMS, SYKES, TINDER, and HAMILTON, Circuit Judges.

FLAUM, Circuit Judge.

A group of past and present students and their parents (collectively, the "Does") brought this action against the School District of Elmbrook (the "District"), claiming that the District's practice of holding high school graduations and related ceremonies at a non-denominational, evangelical Christian church was violative of the Establishment Clause of the Constitution of the United States. For redress, the Does sought injunctive, declaratory...

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