Did you know a Federal judge rules against a Nativity scene in Concord High School annual Christmas Spectacular? Care to guess why?

2015-12-04T20:42:18-05:00

An Elkhart high school Christmas concert will have to scrap part of its performance following a court ruling.
US district court judge Jon Deguilio granted the Freedom From Religion Foundation a preliminary injunction.
That means Concord High School is not allowed to portray a live Nativity scene in its Christmas Spectacular, which opens in less than two weeks.
Parents and students say they're shocked and saddened by the decision.
“We've been to several performances in the past and it's extraordinary,” parent Brenda Bertha said.
“There, I imagine, are seniors, who were really looking forward to this. Senior year, playing the songs for the nativity scene and now they can't. That's their last chance,” Concord senior Janae Hall said.
A chance that Concord students and parents argue was taken away in the latest ruling in a lawsuit seeking to remove a live Nativity scene from the school's upcoming Christmas Spectacular.
“Disappointed to see Christ taken out of Christmas. Truly, that's the reason why we celebrate it,” Bertha said.
The lawsuit was filed in October by a Concord student and his father, along with the Freedom From Religion Foundation. On Wednesday, a U.S. District Court judge granted an injunction, which means the school cannot portray the Nativity. The foundation's co-president Annie Laurie Gaylor says, "The decision is a win for those who say there can't be freedom of religious belief without freedom from religion in public schools."
“I find it very odd, because you don't have to go, and you don't have to be a part of it if you don't want to be a part of it,” Hall said.
Concord School superintendent John Trout would not speak on camera about the issue, but issued a statement, saying he's disappointed by the court's decision. And that Concord's music department is making changes to remove the live Nativity from the Christmas Spectacular, which is set to open Friday, December 11th.
“The entire second half was the nativity scene. So, I don't know what they're going to do, really,” Bertha said.
A preliminary injunction is not the final word in the lawsuit.
Today's decision simply continues the status quo until a judge makes a final ruling.
Superintendent Trout says he's looking into whether or not to appeal the ruling.
He could make a decision before the end of the week, however with the show beginning on Dec. 11th, it's unlikely that would do anything to reverse the ruling.

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Concord High School will not be permitted to organize, rehearse or present a live Nativity scene during its 2015 Christmas Spectacular, according to The Elkhart Truth.
U.S. District Court Judge Jon DeGuilio granted a preliminary injunction in a federal lawsuit against Concord Community Schools.
A hearing has been scheduled for January, but this year's Christmas Spectacular is set to run later this month.
Until the judge can make a final decision in the case, he has ruled that the live Nativity scene must be removed from the program.
In the beginning of November, the school corporation announced that it would include the live Nativity scene in addition to covering the history of Hanukkah and Kwanza.
According to an earlier article from The Elkhart Truth, an attorney for Concord Community Schools believed at the time that it was a legal compromise.
Earlier this year, the Wisconsin-based Freedom From Religion Foundation (FFRF) filed a lawsuit against the school district on behalf of a Concord student and his father, saying that Concord High School's live Nativity scene illegally endorses religion.
“It is illegal for a public school to endorse religion to students by organizing a religious performance, such as acting out the exclusively Christian legend of Jesus’s birth,” the Freedom From Religion Foundation stated. “The performance has a clearly devotional message and thus would be appropriate in a church setting, but not in a public school.”
Concord Community Schools' attorney Thomas Wheeler argued that the lawsuit was based on the 2014 Christmas Spectacular and that the 2015 show would be substantially different.
“The 2015 ’Spirit of the Season’ portion of the Christmas Spectacular recognizes the three major holidays in December, Chanukah, Kwanza, and Christmas, with a brief historical perspective through narration by a student and music and symbols from each tradition,” explained Scott Spradling, Concord’s director of music.
The school district argued that a live Nativity scene on school grounds isn't necessarily unconstitutional, but rather that it depends on the context.
FFRF, ACLU win injunction against Indiana school’s live nativity
From the Freedom From Religion Foundation
Thanks to a lawsuit filed by the Freedom From Religion Foundation and the ACLU of Indiana on behalf of a family in Elkhart, Indiana, this year's Concord Community School's holiday concert will not include an overt endorsement of Christianity.
U.S. District Court Judge Jon DeGuilio today issued an order prohibiting Concord Community Schools from performing a live nativity scene in its 2015 Christmas Spectacular holiday concert. For decades, the school district had students perform a 20-minute live nativity enactment, complete with religious music and a faculty member narrating the biblical story of the birth of Jesus.
Because the live nativity celebrates a religious message, which a government entity like Concord cannot endorse, DeGuilio ruled, "the Plaintiffs are likely to succeed on the merits on their claim that the inclusion of the living nativity scene in the show, as currently proposed, violates the Establishment Clause."
"A live nativity is a shocking violation to encounter in a public school, which has no business directing students to engage in devotional, sectarian performances," said FFRF Co-President Annie Laurie Gaylor. "This decision is a win for everyone who recognizes that there can be no freedom of religious belief without freedom from religion in government and in our public schools."
In his decision, DeGuilio noted that throughout the history of the Christmas Spectacular, "the nativity scene is emphasized in a manner unlike any other aspect of the show" and that it "conveys solemnity and reverence, as if the audience is being asked to venerate the nativity, not simply acknowledge or appreciate its place in the winter holiday season."
"Holiday celebrations that proselytize students are inappropriate in public schools," said Heather L. Weaver, ACLU Senior Staff Attorney. "Today's ruling makes that clear and ensures that all students and families, regardless of faith or belief, will feel welcome at Concord High's winter concert."
"The court's ruling relates to our joint motion for a preliminary injunction, so it applies only to the 2015 Christmas Spectacular," noted FFRF Staff Attorney Sam Grover. "However, the court has strongly suggested that the nativity scene is unconstitutional, which has significant implications for the case as a whole, challenging all future performances."
For now, the parties will continue to prepare for an eventual trial on the merits while the Concord performing arts department prepares for a crèche-less holiday concert.

http://www.wndu.com/home/headlines/Federal-judge-rules-against-Concord-High-School-Nativity-scene-360051111.html

Federal judge rules against Concord High School Nativity scene

Concord High School will not be permitted to organize, rehearse or present a live Nativity scene during its 2015 Christmas Spectacular, according to The Elkhart Truth.

Response by Sgt Kelli Mays made Dec 4 at 2015 9:23 PM

2015-12-04T21:23:35-05:00

I'm so sick and tired of this POLITICAL Correctness bullcrap! Why are judges deciding? Who gives them the right. The people who don't like it or find it offensive do not have to participate or enjoy it...they can go elsewhere. How the HELL did things get this ugly??? Why do these people find it so abhoring that they have to ruin it for everyone else?

They can go and do their own damn thing and mind their own damned business. No one is asking them to partake or enjoy in this activity!

How the hell is a NATIVITY scene UNCONSTITUTIONAL??? What the FREAK!!!????
OH MY GOD!

Response by CPT Private RallyPoint Member made Dec 4 at 2015 9:23 PM

2015-12-04T21:23:45-05:00

MSgt Curtis Ellis Ok so if these seniors want to have Christ in Christmas what is stopping them from operating outside of the school's venue? What is stopping them from acting as private citizens? If there is a will, there is a way.

https://www.youtube.com/watch?v=f7baFMmSv4k

Flash Mob Christmas Carol at Mall - MUST SEE!

Viral vid I found floating around of a flash mob that breaks out the Christmas Spirit at a mall.

Response by SSG Private RallyPoint Member made Dec 4 at 2015 9:27 PM

2015-12-04T21:27:41-05:00

So, does this mean that ALL of the other students have no rights at all? Just the say of this one boy and his daddy? So, if this logic holds up.... my son is offended by homework! Does this mean that no jomework will nevet be assigned again? Or.... my son is offended by drinking water! ... does this mean all of the students will be thirsty from now on? When will enough of this absurdity be ENOUGH?

Response by CSM Charles Hayden made Dec 4 at 2015 9:53 PM

2015-12-04T21:53:24-05:00

MSgt Curtis Ellis It is time to start having school events off campus! What do votes count for?

Response by MSgt Curtis Ellis made Dec 5 at 2015 12:07 AM

2015-12-05T00:07:36-05:00

It used to be: "If you can't take the heat, get out of the kitchen..."
Now you can legally have the cook stop cooking in HIS kitchen because it's too hot for YOU...

Response by PO1 William "Chip" Nagel made Dec 5 at 2015 12:52 AM

2015-12-05T00:52:46-05:00

Never Remember a Nativity Scene performed in my Public High School. Probably wouldn't have been appropriate then as now since my High School we have and had a lot of Jewish and now Muslim Students. Yeah if you want to do that in you Private Religious Based Schools fine. I am amazed at the sudden need for a "State" Religion that some folks are pushing.

Response by 1SG Private RallyPoint Member made Dec 5 at 2015 3:21 AM

2015-12-05T03:21:47-05:00

Once again, anti-religion anti-Christian thugs bullying a school district with a lawsuit in order to ruin it for everybody.
They are a plague upon the earth.

I have a job for them. Since the Green Bay Packers play in the FFRF's home state, I think they should have that Hail Mary from yesterday overturned and from now on, all Wisconsinites must pretend it didn't happen. As a Vikings fan, I am offended.
And that "Facemask" was BS.

Response by SSG Rob Godwin made Dec 5 at 2015 6:34 AM

2015-12-05T06:34:36-05:00

A Christian Nation that cannot have a Christmas event at school.
Sad that the objectors probably also say Islam is peaceful.
What is wrong with the world

Response by LCpl Ash Carson made Dec 5 at 2015 6:48 AM

2015-12-05T06:48:16-05:00

You have got to be kidding me.... Wow. That is just sad that these kids can't even express the meaning of Christmas. Smh

Response by LTC Bink Romanick made Dec 5 at 2015 10:49 AM

2015-12-05T10:49:04-05:00

MSgt Curtis Ellis So? Separation of search and state. Nothing new. Religion belongs in church, not in public buildings.

Response by Capt Gregory Prickett made Dec 5 at 2015 2:52 PM

2015-12-05T14:52:48-05:00

This is a clear cut issue.

The school cannot promote religion by putting on a religious play.

It doesn't matter how many Christians are opposed to the decision, the role of the court here is to protect the rights of the minority.

Response by MCPO Roger Collins made Dec 5 at 2015 3:38 PM

2015-12-05T15:38:04-05:00

I was born and raised in Northern Indiana when the culture was to take care of your family. The Unions have managed to change it to a bastion of liberal madness anywhere North of Indianapolis. This comes as no surprise. I stopped talking to my relatives still living there.