Appeal deferred in Conn. graduation-church case
This May 16, 2010 photo shows The First Cathedral in Bloomfield, Conn. A federal court judge has ruled two Connecticut public high schools can't hold their graduations inside a local church, saying it's an unconstitutional endorsement of religion. U.S. District Court Judge Janet Hall made the ruling Monday, May 31, 2010, in the case of Enfield High School and Enrico Fermi High School, also in Enfield. (AP Photo/Journal Inquirer, Leslloyd F. Alleyne)
ENFIELD, Conn. (AP) — Enfield school officials delayed a decision Wednesday on whether to appeal a federal judge’s ruling against plans to graduate high school students in a megachurch later this month.
Vincent McCarthy, a lawyer for the American Center for Law and Justice who is representing the school district, said a minority on the school board opposes an appeal, but officials agreed to discuss the matter Thursday night. If the board agrees to appeal, court papers will be filed Friday with the 2nd U.S. Circuit Court of Appeals in New York, he said.
“There’s an overwhelming groundswell in Enfield to protest the decision,” he said.
U.S. District Court Judge Janet Hall in Bridgeport issued a preliminary injunction Monday, barring graduation in First Cathedral on June 23 and June 24 until she holds a full hearing on the legal issues. Hall said an observer would perceive the message that Enfield endorsed the church’s religious views.
The judge also rejected a request Wednesday by the schools to lift her injunction, saying the district had not made “a strong showing that it is likely to succeed on the merits.”
“Holding graduations at First Cathedral as planned may be more convenient than moving the ceremonies to an alternative venue, but this inconvenience does not constitute irreparable harm,” Hall said. “Finally, the public interest lies in protecting the constitutional rights of citizens, even at the inconvenience of others.”
The Enfield school board voted in April to schedule graduation ceremonies for the town’s two high schools at The First Cathedral in nearby Bloomfield. Board officials said the church, which fits 3,000 people, had enough space at the right price. Two students and three of their parents sued, claiming the decision was an unconstitutional government endorsement of religion.
Both high schools have held previous graduations at First Cathedral. This year’s ceremonies were scheduled for June 23 and 24. Several other Hartford-area schools have used the church since 2001.
Wednesday, McCarthy said he was not surprised that Hall rejected his request that she set aside her decision, which he said was a formality in advance of a formal appeal.
David J. McGuire, a lawyer for the American Civil Liberties Union of Connecticut, which represented two students suing to stop the ceremonies in the church, said the American Center for Law and Justice — not the students — will be the only one to benefit from an appeal.
http://www.journalinquirer.com/towns/enfield/
