School may appeal preliminary injunction on Nativity scene

SOUTH BEND, Ind. (AP) — The superintendent of a northern Indiana school district says he’s disappointed a federal judge has granted a preliminary injunction banning the district from including a live Nativity scene as part of its annual Christmas show.

Concord Community Schools Superintendent John Trout issued a statement saying the district is considering an appeal to Wednesday’s order by U.S. District Judge Jon DeGuilio.

DeGuilio ruled that based on the manner on which the Nativity scene is depicted, it “impermissibly conveys an endorsement of religion and thus runs afoul of the Establishment Clause,” which prohibits government from endorsing a religion.

The American Civil Liberties Union and the Freedom From Religion Foundation sued the district on behalf of a high school student and his father. The first show is scheduled for Dec. 12.


This story has been corrected to show the first show is scheduled for Dec. 12, not Dec. 11.

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