FFRF continues to object to the annual production of a live nativity at the Concord Community High School holiday concert in Elkhart, Ind. The school claims that the depiction of Jesus’ birth is merely “historical.”
Staff Attorney Sam Grover wrote a complaint letter Aug. 25 on behalf of a local complainant. Superintendent John Trout responded that the nativity is voluntary and only rehearsed after school.
Courts have rejected arguments that voluntariness excuses a constitutional violation, FFRF pointed out. Co-President Annie Laurie Gaylor commented, “We are all in favor of music and performances in our public schools, but it is illegal for the schools to invite students to take part in or be in the audience of a school concert that involves a nativity display — much less a live nativity made up of students.”
In addition, even if the nativity is rehearsed after school, it is still facilitated by the school and included in an official school performance. As T-shirts being sold by supporters note: “The nativity is a biblical story.”