PORTAGE, Mich. — We're hearing directly from Portage Public Schools after a student filed a lawsuit accusing them of religious discrimination.
On Wednesday, the judge granted a temporary restraining order (TRO) against Portage Northern, preventing them from holding the high school’s graduation ceremony on the same day as the Jewish holiday of Shavuot: May 26, 2023.
On Friday, the district filed a motion challenging that TRO, arguing that “rescheduling the graduation at this late date will cause significant harm to the public," saying this would impact an estimated 4,000 community members expected to attend.
The documents also say students and their families may not be able to attend on a rescheduled date, and that proposed alternatives are likely to conflict with MHSAA playoff games in baseball, softball, soccer or lacrosse. It adds that other events would have to be rescheduled, including the “Grad Bash” that happens after graduation.
Another key argument from the defense is that the family waited too long raise concern with the graduation date.
"The time for plaintiff to have requested a change of the date for the graduation ceremony was back in August of 2022 when the schedule was first disclosed. By waiting until the last week of February to request that the graduation be moved, plaintiff made it impossible for the school district to grant the request."
The opposition also cites a previous case law that argues “a student has an important right to a public education, but so long as receipt of a diploma is not conditioned upon attending the graduation ceremony the ability to do so is merely a privilege.”
The case law from Smith v. Board of Education, North Babylon Union Free School District goes on to point out that “in a pluralistic society it is impossible for the government to accommodate every need of every religious group.” The documents then go on to say, “the practice of one’s faith necessarily involves some sacrifice.”
In that case from 1988, an Orthodox Jewish student sued the Board of Education for scheduling graduation on a Saturday — which is the weekly observance of Shabbat.
We previously reported, the Koffron family argues they made efforts for the last decade to inform the school district of the Jewish holy calendar.
On Friday, there was a hearing in response to the school district's brief filed in Kalamazoo County Circuit Court. But, late Thursday afternoon, the case was moved to federal court.
Judge Curtis Bell said Friday that because the case is now in federal court, he has no further authority or jurisdiction over the case. But, he noted the TRO remains in effect for now.
The next deadline in this legal battle is April 4th. At that point a federal judge will hear arguments on whether the case should remain in federal court or move back to the state level.
You can read the entire opposition brief here.
Portage Northern Court Documents by WXMI on Scribd
