Nativity scene controversy

Concord High School in Indiana had to use a mannequin-filled Nativity scene like this one for their annual Christmas performances.

“We still had the good message that we’ve always had of Jesus’s birth.”
Concord High School Christmas Spectacular attendee Roberta Gooding.  After a federal judge banned Concord High School in Elk Hart, Indiana from performing a live nativity scene at their yearly Christmas Spectacular, the school used mannequins instead of student actors.

U.S. District Judge Jon DeGuilio had issued a preliminary injunction to stop this year’s live scene, ruling that “the living Nativity scene impermissibly conveys an endorsement of religion and thus runs afoul of the Establishment Clause.”

School officials say the injunction only applied to a live scene and that they complied with the judge’s order.

Concord Community Schools Superintendent John Trout said in a statement. “For 2015, the court ordered that the School not present a live Nativity scene. That is, live performers cannot perform the Nativity scene in this year’s Spectacular, and Concord Community Schools will comply with that order.”

This year’s show also included performances of songs like “White Christmas,” a Hanukkah song and a traditional African song for Kwanzaa.

The case is to go to court Jan. 7.

Meanwhile, in a separate Nativity scene controversy: 

An atheist group has forced Nebraska to remove a nativity from its state capitol and replace it with an atheist display.

The nativity is allowed to stay up until Dec. 18 when it must be taken down so that an atheist display can be put up. The atheist display will feature a small model church and model capitol building with a large wall between them to symbolize the separation of church and state, The Lincoln Journal Star reports. The atheist display will be up through Christmas, but not the nativity.

The Christian legal group, The Thomas More Society, sponsored a nativity last year, which raised questions from some about a possible violation of the Establishment Clause. This year, though, the Lincoln Atheists group preempted the Christians by reserving all the available space in August.

“They have proved our point that all speech is welcome, except Christian,” Martin Cannon, an attorney with the Thomas More Society in Omaha, which sponsors the Nativity scene, told the Journal Star. “We would have shared our space with them, but they are not willing to do the same.”

The Thomas More Society is involved in several nativity disputes around the country.

“The nativity displays represent a constitutionally protected expression by private citizens in traditional or designated public forums, where the sole role of the government is that of a viewpoint-neutral gatekeeper assuring open access for all citizens to have their ‘say,’” Tom Brejcha, Thomas More Society president and chief counsel said in a statement. “If the First Amendment entitles you to get up on your soapbox and plead for a candidate or advocate a political point of view in a public forum, then equally you may get on the soapbox and proclaim the joyous, hopeful message of the Christ Child!”