Nativity scene banned
DeMent ruling on school prayer cited as the curtain falls on the last act in Swift School's Christmas play
By Guy Busby
Staff ReporterBON SECOUR — Marie Carver said she's not certain when the tradition began of closing the Swift School Christmas play with a nativity scene.
There was no nativity when she was a pupil at the school 70 years ago. When she became a teacher in 1942, though, it had already been going on for several years.
It won't go on this Christmas season. It was canceled in recent days because of uncertainty surrounding a recent federal judge's decision on religious expression in public schools.
"I think it's just terrible," Mrs. Carver, who retired as Swift principal in 1984, said Tuesday. "Everybody that I've talked to upset about it. We always ended up every Christmas play with a manger scene. All the children would come out and they'd sing 'Silent Night' and other songs."
In recent years, the school's kindergarten pupils performed the nativity scene. Two 5-year-olds dressed as Mary and Joseph held a doll representing the baby Jesus and they were surrounded by classmates dressed as shepherds and angels, according to Principal Linda Capps.
That was before U.S. District Judge Ira DeMent's Oct. 30 ruling prohibiting public school officials from sponsoring religious activities on campuses.
After the ruling was issued, Mrs. Capps said she called Larry Newton, Baldwin County superintendent of education, and asked if the school program should include the nativity scene.
System officials decided the scene should not be part of the play.
"I'm assuming that the principals in the school are aware of the court order as well, but I would assume that they are aware that those types of activities are more or less in limbo at the present time until we get some direction from the attorney," Robert Willis, a school board member and Bay Minette lawyer said Tuesday.
"We have been informed by our attorneys that the nativity scene should not be permitted."
Alabama Attorney General Bill Pryor said he believes DeMent's injunction applies only to DeKalb County.
"In my judgment, they are in no danger of being held in contempt of court, although I can't really comment for certain unless I knew more about what they are doing in south Baldwin County," Pryor said. "But you have to worry about precedent and how this might affect future activities like those in other areas."
He said the ruling is causing concerns like those in Baldwin County throughout the state.
"That's why I'm trying to get a stay of Judge DeMent's injunction," Pryor said. "Read literally, it would prohibit you from even singing 'Silent Night.'"
Stuart Roth, a lawyer in Mobile with the American Center for Law and Justice of Alabama, said that while the order does not affect counties other than DeKalb, he isn't surprised by the Baldwin school board's reaction.
"It's the chilling effect of the court's order," he said. "We've heard of a general reaction throughout the state by various school boards and school districts."
For example, he said he had heard that a Dothan school had disallowed Christmas songs and songs involving religious content during the holiday assembly that takes place in December.
In Bon Secour, founded by French colonists in the 18th century, the Baldwin board's decision worried residents in a community where traditions run deep.
Cindy Taylor of Bon Secour, mother of a fourth-grade student at Swift, said when parents learned Tuesday of the decision to cancel the nativity, many decided to keep their children out of the play.
"A lot of parents aren't going to let their kids be in it this year," she said. "This has a lot of people really mad that they weren't told about it."
"We're all really upset about it," said Betsy Lipscomb, Mrs. Carver's daughter. "It's a real let-down for the children."
"I did it. My children did it. My grandchildren did it," she said.
Karen Nelson, vice president of the Swift PTA, said her children are also not the first generation of their family to take part in the event.
"I did it when I was a kid, we all did," said Mrs. Nelson, who attended the school through the seventh grade in 1977.
"It always ended with the nativity, which is the whole point of Christmas."
The Mobile Register, Wednesday November 26, 1997
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