June 9, 2010

(Washington, DC) - After a groundswell of public pressure, the Enfield, Connecticut School Board reconvened last night and voted 5-4 to pursue an expedited appeal of a preliminary injunction issued by the U.S. District Court of Connecticut in the case of Does v. Enfield.  The preliminary injunction prohibited two Enfield School District high schools from holding their graduation ceremonies in First Cathedral, a local church, this year.  The initial vote last Thursday resulted in a 5-4 decision not to pursue an expedited appeal, leaving many parents and students disappointed.  But when a member of the board requested a re-vote, the school board reconvened. 

The American Center for Law and Justice (ACLJ), which specializes in constitutional law, is representing the school district and will ask the U.S. Court of Appeals for the Second Circuit in New York to hear an expedited appeal in the case. 

“A member of the Enfield School Board requested another vote to clarify the options,” said Vincent McCarthy, ACLJ Senior Counsel.  “The school board conducted a re-vote because they want to ensure they had considered all options and were giving the students the best possible outcome.  We will now move forward in filing an expedited appeal.”

Should the preliminary injunction issued on Memorial Day remain in effect, no future graduations can be held at First Cathedral.  However, if the federal appeals court overturns the trial court ruling, the church would be available for graduations ceremonies to all high schools, including Enfield, in the future. 

“We believe we have a strong case to appeal,” said McCarthy.  “There is no constitutional crisis when a secular event is held in a religious facility.  The law in this area has long been settled.” 

Five school districts in Connecticut—including the Enfield School District—had plans to hold graduation ceremonies at First Cathedral in 2010.  However, after the districts received letters from the ACLU threatening legal action, all but Enfield changed their initial plans.

Enfield School District’s decision to hold graduation at First Cathedral was primarily based on financial and facilities considerations.  Even though other venues were explored, each could not meet the low cost and high facility standard offered by First Cathedral. 

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.