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Group amends lawsuit over nativity scene in Christmas Spectacular

ELKHART COUNTY, Ind. -

The Freedom From Religion Foundation has amended its lawsuit against Concord Community Schools regarding the nativity scene performed during the Christmas Spectacular.

The organization Freedom From Religion Foundation filed a lawsuit against the school district in October 2015 on behalf of an Elkhart student. The suit alleged the performance of the live nativity was a violation of the Establishment Clause of the First Amendment.

As a result of the lawsuit, the federal court issued a temporary injunction against the school district on December 2, 2015 to prevent the performance of the live nativity in the 2015 Christmas Spectacular.

According to the amended lawsuit, the district kept the nativity in the Christmas Spectacular, but used mannequins for the nativity scene and did not have a faculty member recite the story of the birth of Jesus.

FFRF alleges this version of the nativity also violates the Establishment Clause of the First Amendment.

The FFRF is seeking a permanent injunction to prevent the nativity scene from being included in the Christmas Spectacular.

The lawsuit is seeking $1 per plaintiff, a permanent injunction preventing the inclusion of the nativity scene, and attorney's fees.

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