Concord Christmas Spectacular Not In Violation Of U.S. Constitution According To Federal Judges
ELKHART — A three-judge panel from the U.S. Court of Appeals for the Seventh Circuit in Chicago determined on Wednesday, March 21, that a revised version of Concord High School’s annual holiday show is not in violation of the U.S. Constitution.
The legal battle began in October 2015 when the Freedom From Religion Foundation filed a lawsuit, claiming that the holiday show was in violation of the First Amendment’s prohibition on government establishment of religion. The 2015 Concord Christmas Spectacular featured a Nativity scene with mannequins.
The FFRF acted on behalf of a student and his father. The plaintiffs alleged that a live Nativity scene with biblical readings violated the establishment clause of the First Amendment, with two more parents later joining the lawsuit.
Concord Community Schools removed the scriptural reading from the Nativity scene. Additionally, the school added songs from other religious holidays, including Hanukkah. U.S. District Court Judge Jon DeGuilio granted a preliminary injunction which barred the school from performing this version, stating that the changes were not acceptable.
At that time, the school’s music department removed New Testament readings and used mannequins in place of live actors for the Nativity scene. This revised version was performed in December 2015 for the first time, and again in 2016 and 2017.
The FFRF then filed an amended complaint, stating that the revised version of the holiday show was also unconstitutional. DeGuilio ruled in September 2016 that the Christmas Spectacular did not violate the Constitution, denying a request for a permanent injunction.
The three federal judges ruled that in the revised version of Concord’s holiday show, the Nativity scene no longer stands out as the show’s centerpiece and agreed that the show may continue on.