Federal Court Rules in Favor of High School Nativity Scene

One of the biggest skirmishes in the 2015 War on Christmas has taken an unexpected turn as a federal court ruled in favor of an Indiana high school’s inclusion of a static Nativity scene in their annual Christmas concert.

Both the ACLU and the Freedom from Religion Foundation brought the suit against the school when they say they were contacted by a local resident who complained about it. The annual production has been a tradition in the community of Elkhart, Indiana for years without complaint.

As the suit was brought forward officials at Concord High School scrambled to make what they felt should have been acceptable changes by adding Hanukkah and Kwanzaa songs and changing the controversial Nativity scene from a live production to static images. But the FFRF in particular balked noting that the Nativity scene and depiction of Jesus Christ were “…coercive, representing an endorsement of religion by the high school and the school corporation, having no secular purpose and has the principal purpose and effect of advancing religion.”

The court ruled that the changes to the production of the Nativity scene did not in fact constitute a violation of the Constitution’s establishment clause.

This debate seems silly to almost anyone who has even read the Constitution. The so-called “Establishment Clause” forbids Congress from establishing a state religion. A high school is not Congress and showing a Nativity scene does not establish anything.

But America has fallen into a trap of political correctness when it comes to cases like these. Because a school is a government run operation the assumption is that if a school depicts or participates in anything religious it is a violation of the Establishment Clause.

The FFRF has threatened schools and school districts nationwide for several years now working to get not only Nativity scenes but even the most remotely religious Christmas carols of antiquity banned from public schools. In most cases, school districts have opted to comply rather than to fight costly lawsuits.

The case is ongoing and the local school district is still facing possible fines for Nativity scenes depicted in previous productions dating back nearly five decades.

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