Lawsuit seeks to remove Nativity Scene from Indiana school Christmas show

The Nativity scene outside the Gaston County Courthouse in North Carolina before complaints by the Freedom From Religion Foundation led to its removal. (MyFox Carolinas video screenshot)

Two organisations are playing Scrooge this year by filing a lawsuit aimed at removing the decades-old live Nativity Scene from the yearly public school Christmas presentation in Indiana.

The Freedom From Religion Foundation (FFRF) and American Civil Liberties Union (ACLU) want the Concord Community Schools in Elkhart, Indiana to prohibit the Nativity Scene, saying that it violates the Constitution.

They allege that the scene, which depicts the birth of Jesus, violates the Establishment Clause of the First Amendment as it endorses religion that is illegal in all public schools, according to Elkhart Truth.

The lawsuit was filed on behalf of a student and his father, who is a member of the atheist FFRF.

"The Nativity scene and the story of the birth of Jesus are, of course, well-recognised symbols of the Christian faith," the lawsuit reads. "Their presence at the Christmas Spectacular is coercive, represents an endorsement of religion by the high school and the school corporation, has no secular purpose and has the principal purpose and effect of advancing religion."

Last August, the FFRF sent a letter to Concord Supt. John Trout to ask that the Nativity Scene be dropped from the Christmas presentation.

FFRF attorney Sam Grover said, "It is illegal for a public school to endorse a religion to students by organising a religious performance, such as acting out the exclusively Christian legend of Jesus' birth," Grover wrote. "The performance has a clearly devotional message and thus would be appropriate in a church setting, but not in a public school."

However, Trout said at a school board meeting last month that the district would not remove the scene, which has been staged for more than 30 years.

"That is not an accurate statement of the law," he said of the lawsuit. "As always, if a student or parent finds objectionable any portion of the Spectacular, or any school assignment for that matter, that student is free to opt out of the performance or assignment."

The scene lasts about 15 minutes and is performed by students.

The student in question is involved in the school's music department.

"In addition to performing in other elements of the Christmas Spectacular by virtue of his participation in the music department, Jack Doe will perform one or more of the religious hymns that are part of the live Nativity scene and telling the story of the birth of Jesus," the lawsuit said.

related articles
God in the manger: why the incarnation matters
God in the manger: why the incarnation matters

God in the manger: why the incarnation matters

Ohio town demands zombie nativity scene come down
Ohio town demands zombie nativity scene come down

Ohio town demands zombie nativity scene come down

FBI joins investigation after baby Jesus stolen from Nativity scene and replaced with real pig\'s head
FBI joins investigation after baby Jesus stolen from Nativity scene and replaced with real pig's head

FBI joins investigation after baby Jesus stolen from Nativity scene and replaced with real pig's head

Ohio man fighting to keep \'zombie nativity\'
Ohio man fighting to keep 'zombie nativity'

Ohio man fighting to keep 'zombie nativity'

News
How modern science owes its existence to Christian theology
How modern science owes its existence to Christian theology

Some people think that you have to choose between science and religion, but that is not the case. This is the story …

US religious groups challenge new immigrant enforcement policies
US religious groups challenge new immigrant enforcement policies

A United States Federal Judge has granted an injunction that will prevent immigration agents from carrying out operations in places of worship after a group of religious organisations launched a lawsuit against the Trump administration over new enforcement policies.

Gyles Brandreth joins campaign to end avoidable sight loss
Gyles Brandreth joins campaign to end avoidable sight loss

Gyles Brandreth has thrown his support behind CBM UK’s campaign to end avoidable sight loss.

Church leaders call for 'rethink' of school closures in Ramadan
Church leaders call for 'rethink' of school closures in Ramadan

“We urge the governors of the affected states to reconsider this decision and explore alternative arrangements that respect the rights and freedoms of all citizens.”