PORTAGE, Mich. — A lawsuit over the graduation date for Portage Northern High School will be decided between two different courts.
The suit filed by a Portage Northern senior argues that the school violated the Elliot Larsen Civil Rights Act, the Michigan State Constitution, and the U.S. Constitution after they scheduled graduation on a Jewish Holiday.
The school district wanted the entire case to be done in federal court, arguing the district wouldn't receive a fair trial in the state court system citing a number of different reasons - including concern over the circuit court being influenced by the publicity the case has received.
According to new documents obtained by FOX 17 on Wednesday, a federal judge ruled he will only hear arguments tied to the First Amendment, while arguments citing ELCRA and the Michigan State Constitution will be sent back to the Kalamazoo County Circuit Court.
The document argues:
"The Court is unaware of any pre-existing state law precedent on how the State’s own constitutional provision or the State’s Elliot-Larsen Act may apply to the same question. The State Court should be the one to decide, in the first instance, how the particular facts alleged in this case apply to the state law theories, especially in a matter of public concern concerning a public entity. The Court discerns no reason why the State Court will be unable to fairly adjudicate these claims."
Moving forward, the student and her attorney must file a brief by April 10 addressing the First Amendment argument and decide if they want to ask for a federal restraining order, in addition to the one already in place by the state.
The defense will have to file a response to that brief by April 17 and the plaintiff must reply to that by April 19.
A conference hearing will take place on April 20.
Read the full order filed by the judge:
Judge Jonker Portage Northern Order by WXMI on Scribd
