ELKHART — Concord Community Schools in Elkhart might soon be facing a lawsuit for a nativity scene in their annual Christmas concert, depicting the birth of Jesus Christ.

The concert includes a live depiction of the nativity scene, which the Freedom From Religion Foundation sees as “illegal.” FFRF sent Concord a letter describing why they thought it was illegal.

“It is illegal for a public school to endorse religion to students by organizing a religious performance, such as acting out the exclusively Christian legend of Jesus’s birth,” attorney Sam Grover writes. “The performance has a clearly devotional message and thus would be appropriate in a church setting, but not in a public school.”

“We expect a written assurance that this violation will not recur in 2015 or future years,” Grover writes. “Please respond at your earliest convenience, so that we may notify our complainant that this matter has been resolved.”

The school has so far declined to respond to the letter written by the FFRF.

Sources: The Elkhart Truth, WNDU