SOUTH BEND, Ind. (AP) — A federal judge has granted a preliminary injunction banning a Concord Community Schools from including a live Nativity scene as part of its annual Christmas show.

U.S. District Judge Jon DeGuilio issued an order Wednesday saying that based on the manner on which the Nativity scene is depicted, it “impermissibly conveys an endorsement of religion and thus runs afoul of the Establishment Clause,” which prohibits government from endorsing a religion.

The American Civil Liberties Union and the Freedom From Religion Foundation sued the Concord Community Schools on Oct. 7 on behalf of a high school student and his father. They argued the Nativity scene endorses religion in a public school.

The superintendent of Concord Schools says he’s disappointed. Superintendent John Trout issued a statement saying the district is considering an appeal to the order.

The first show is scheduled for Dec. 12. A hearing on the case is scheduled for Jan. 7.