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John Doe, 3, A Minor By Doe 3's Next Best Friend Doe 2, et al v. Elmbrook School District

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ARGUED FEBRUARY 9, 2011

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

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 Amendment. They sought preliminary and permanent injunctions, a declaratory judgment and damages. After the district court denied the Does’ motion for a preliminary injunction, the parties filed cross-motions for summary judgment. The district court granted the District’s motion and denied the Does’ motion. The Does now appeal. We hold that, on the record before us, the District’s use of the rented church space was neither impermissibly coercive nor an endorsement of religion on the part of the District. Because there was no violation of the Establishment Clause, we affirm the judgment of the district court.

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