Controversy emerged Friday over Supreme Court Justice-elect Michael Gableman attending an upcoming prayer breakfast, with opponents saying it violates the U.S. Constitution.

The Madison-based Freedom From Religion Foundation said in a complaint it opposed Gableman’s attendance at a May 1 event sponsored by the Burnett County Sheriff’s Department.

The FFRF complaint requested records and contracts related to the event, along with asking for the department to reimburse the county if any tax revenues were used.

“It is one thing for a sheriff not to be up on constitutional law,” Annie Laurie Gaylor, FFRF co-president said, “but it is quite another for a Supreme Court Justice-elect to not seem to be aware, this doesn’t look good.”

Gaylor said the event breaches the U.S. Constitution’s First Amendment rules on the separation of church and state. She said Gableman’s attendance shows a lapse in judgment. Gaylor said she was not sure if Gableman or the sheriff’s department would face legal consequences if the event was continued.

In the state Code of Judicial Conduct, judges are advised against joining organizations that discriminate on the basis of religion, but it is less clear on attending religious events. According to the letter Sheriff Dean Roland sent to his staff, the department has sponsored the prayer breakfast for the past seven years. Roland said in the letter the event would give staff a chance to give thanks for the year and Gableman would be the guest speaker.

“Judge Gableman is a man who is deeply committed to our Lord, his religion and his profession,” the letter read.

The Gableman campaign was not available for comment as of press time. However, according to the Associated Press, campaign spokesperson Darrin Schmitz said Gableman would attend the event.