Elkhart, Ind. high school has hosted the “Christmas Spectacular,” an annual winter concert, for decades. Parents object. School scrubs New Testament reading, adds Hanukkah and Kwanzaa songs, keeps student-performed Nativity scene. District court: That still violates the Establishment Clause. School goes back to the drawing board; the Spectacular now consists of a variety of songs (religious and non-religious), skits, an 80 percent shorter Nativity scene (ft. mannequins instead of students), and no biblical readings. Seventh Circuit: This version is constitutional. Concurrence: The court “playing the role of producer” in deciding what material can appear in a concert is more government entanglement with religion than the Spectacular is.
