The Concord High School band and chior rehearse for this weekend's Christmas Spectacular concert, which continues today, Sunday, Dec. 11. The 41st Annual Christmas Spectacular will be held at the Beickman Performing Arts Center and presented by the Concord High School Music Department on today at 1:30 and 4:30 p.m. Approximately 500 students involved in the various choirs, band, orchestras, Jazz Band, singers, dance soloists and special groups will help people get into the spirit of Christmas. Tickets can be purchased at the door for $6.00 each or by calling the music office at 875-4105, press 1 to reach the secretary.

DUNLAP, Ind. — A federal judge has ruled that a public high school in Indiana will be prohibited from performing a live Nativity scene during their annual Christmas musical next weekend. 

Court documents filed Wednesday state that based on the manner in which the Nativity is presented within the show, the scene “impermissibly conveys an endorsement of religion and thus runs afoul of the Establishment Clause.”  

A day earlier, the court ruled that the Concord High School student and his father, known as Jack Doe and John Doe in court documents, can remain anonymous in their lawsuit that sought to end the Nativity performance.

The Doe plaintiffs filed a motion to proceed anonymously because of reasonable expectation they will be “victims of harassment, injury and other serious harm if their identities are made public.”

In his ruling, United States Magistrate Judge Christopher Nuechterlien granted the Doe family anonymity because of the history of violence and intimidation against plaintiffs in other Establishment Clause- religion cases.

Since the attorneys for the high school did not go against Jack Doe and John Doe’s request to stay anonymous, Neuchterlien entered a protective order for Jack and John Doe that forbids anyone connected with the case to reveal the identity of the family.

Any person who fails to obey the protective order can be held in contempt of court and the penalty could include time in prison, the response states.

“The Nativity scene and the story of the birth of Jesus are, of course, well-recognized symbols of the Christian faith,” the father and son wrote in the complaint. “Their presence at the Christmas Spectacular is coercive, represents an endorsement of religion by the high school and the school corporation, has no secular purpose and has the principal purpose and effect of advancing religion.

The Freedom From Religion Foundation (FFRF), along with the father and son, filed a complaint Oct. 7 in federal district court in South Bend, Indiana, alleging the annual show violated the establishment clause of the U.S. Constitution, which prohibits the government from establishing religion.

The high school officials on Wednesday responded to the decision with the following statement from Superintendent John Trout:

“Concord Community Schools is disappointed in the decision rendered today by the United States District Court for the Northern District of Indiana. The Concord High School music department is working overtime to insure that this year’s Christmas Spectacular performance complies with the Court’s order. Additionally, Concord Community Schools is presently researching the possible appeal of the Court’s preliminary injunction. A decision on whether to take that step will be made in the next few days.”

Arsdall and Beer write for the (Indiana) Goshen News.