The Elmbrook School District wanted to use a local mega church for its high school graduation ceremony. But nine students, parents and graduates represented by Americans United for Separation of Church and State sued the suburban Milwaukee district on the grounds they were in violation of the Constitution. Alex Luchenitser, AU Senior Litigation Counsel, notes there is an "enormous cross" over the stage where the students receive their diplomas. 

Federal Judge Charles Clevert on Tuesday issued a preliminary injunction allowing the June 6th and 7th event to occur on the grounds the location doesn't necessarily make it a religious event.

Although disappointed by the decision Luchenitser emphasizes this should not be a "greenlight" for other school districts. He warns he notes the final ruling is still pending and schools that use the church may find themselves tied into the lawsuit.

Americans United plans on appealing the courts final decision if they are not satisfied.

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