Judge delays hearing on Indiana Nativity scene

December 19, 2014

A federal judge has delayed a hearing on a bid to remove a Nativity scene that's been erected each winter for more than a half-century on a southeastern Indiana county's courthouse lawn.

U.S. District Judge Tanya Walton Pratt approved a request Friday by an attorney representing Franklin County to hear his arguments Monday in the American Civil Liberties Union of Indiana's lawsuit seeking the display's removal.

Pratt heard arguments Friday from ACLU of Indiana senior staff attorney Gavin Rose, who calls the religious scene unconstitutional.

A deposition was taken Thursday from one of the county's three commissioners. Attorney Peter Breen of the Thomas More Society, who's representing the county, says the two other commissioners will be deposed this weekend and the county will file a brief in the case.


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