Ind. School District May Appeal Nativity Scene Ban

A school district in Indiana says it may appeal a decision by a federal judge banning it from including a Nativity scene in its annual Christmas show.

The American Civil Liberties Union and the Freedom from Religion Foundation filed a lawsuit on behalf of a father and a son.

They argue the Nativity scene endorses religion in a public school. U.S. District Judge Jon E. Deguilio sided with the plaintiffs, granting a preliminary injunction.

"The court finds that the plaintiffs are likely to succeed on the merits on their claim that the inclusion of the living Nativity scene in the show, as currently proposed, violates the Establishment Clause," the judge wrote.

The Nativity scene has been included in the annual Christmas show since 1970.

John Trout, the superintendent for Concord Community Schools, called the ruling disappointing.

"The Concord High School music department is working overtime to insure that this year's Christmas Spectacular performance complies with the Court's order," he said. "Additionally, Concord Community Schools is presently researching the possible appeal of the Court's preliminary injunction."

The case goes to court January 7.