A school in Indiana was able to present its annual Nativity scene at a school concert despite a court ruling that barred a "live Nativity," infuriating atheists who sought to prevent it.
Early this month, U.S. District Judge Jon DeGuilio issued a preliminary injunction and barred the "live" Nativity scene held annually by the Concord Community School District in Elkhart, Indiana at its weekly Christmas concerts.
The lawsuit was filed by the atheist group Freedom From Religion Foundation (FFRF) and the American Civil Liberties Union (ACLU) of Indiana last October against the 20-minute student presentation of the Nativity while Bible verses were read, claiming it violated the Establishment Clause of the U.S. Constitution.
FOX28/WSJV reported that the school district denied TV cameras from recording the presentation held over the weekend. However, cell phone photos and videos showed the new Nativity scene.
According to ABC57, "The sold-out crowd at Concord High School erupted with applause following the school's use of statues to keep the Nativity scene."
"I'd like to say 'we won.' There was a lot of happy people in there tonight," said Doug Johnson, a grandparent of a student.
The FFRF said, "Unquestionably, the district, in thumbing its nose at the ruling, broke the spirit of the judge's injunction, compounding the violation by including a Nativity display at its public school concert, which is also illegal."
It described the mannequin Nativity presentation as "contemptuous move" and said the "district officials deserve the strongest rebukes for their callous manipulation."
"I think they have just dug a deeper hole, that's going to get a rebuke from the judge," said FFRF spokesperson Annie Laurie Gaylor.
Scott Spradling, director of performing arts at Concord High, defended the presentation, saying the school had "no interest in being crazy or breaking the law or violating anything."
"We were trying to create the right kind of inclusive environment and, at the same time, obey the injunction," he said.
