Running head: RELIGION AND PUBLIC SCHOOLS: 1

PORTFOLIO ASSIGNMENT VI

Religion and Public Schools

Portfolio Assignment VI

Seth Manesse

College of Southern Nevada

April 23, 2017

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Scenario

Kindergarten teacher, Karen White, recently informed her students and their parents of

her new affiliation with the Jehovahs Witness religion. She also announced changes she will be

making to her instruction. She will no longer recite the Pledge of Allegiance, sing Happy

Birthday, decorate her classroom for holidays, or arrange gift exchanges at the Christmas holiday

season. The Jehovahs Witness religion asks its followers to refrain from these activities which it

views as religious in nature.

Parents of Karen Whites kindergarten students are protesting the changes to Bill Ward,

the school principal. These changes, in the parents opinions, make Karen White ineffective as a

teacher. Principal Bill Ward is recommending Karen White be dismissed due to ineffectively

meeting the needs of her students.

Arguments for Retention

The Establishment Clause

The United States Supreme Court, in Lee v. Weisman, clarified the limits placed upon the

government under the Establishment Clause of the Constitution. Government may neither

promote nor affiliate itself with any religious doctrine... (1992).

Under Karen Whites beliefs, reciting the Pledge of Allegiance, singing Happy Birthday,

decorating the classroom for holidays, and promoting Christmas holiday gift exchanges are all

religious in nature. Public schools, as government agencies, are prohibited from engaging in

these activities by the Establishment Clause of the Constitution. Therefore, the school is in

violation of the Constitution.

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The Lemon Test

In the case of Lemon v. Kurtzman, the United States Supreme Court developed an

approach called the Lemon Test (actually three tests) to determine if a statute or action of the

government violates the Establishment Clause of the Constitution.

First, the statute [or action] must have a secular...purpose; second, its principal or primary

effect must be one that neither advances nor inhibits religion, finally, the statute [or

action] must not foster an excessive government entanglement with religion.... (1971)

Karen White can make arguments that all three of the Lemon Test considerations have been

violated. First, inclusion of religious activities in the public school curriculum is inherently

non-secular. Second, school advocation of religious activities in the classroom is both a

governmental advancement of religion and an inhibition of her religious freedom. Third, school

and governmental advancement of religion constitutes an excessive entanglement.

Arguments for Dismissal

Religion in the Classroom as Subject Matter and as Cultural Celebration

In the Clever v. Cherry Hill court case the United States District Court noted the study of

religion is appropriate subject matter for public schools. The court said, Religion is a pervasive

and enduring human phenomenon which is an appropriate, if not desirable, subject of secular

study. The constitutionality of instruction ...depends on whether a reasonable observer,

considering the context in which it is presented, would likely perceive it as a governmental

imprimatur to religion (1993). In this context an imprimatur denotes a declaration of

endorsement.
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The Supreme Court has recognized that religious holidays may evolve and acquire

significant secular meaning. Examples of this include: the celebration of Christmas and

Chanukah as cultural and non-religious holidays (Clever v. Cherry Hill, 1993).

Study of religion and celebration of cultural holidays are legitimate activities in the

secular school environment. Although these studies and celebrations may offend the

sensibilities of some, they are constitutional (Clever v. Cherry Hill, 1993).

Religious Nature of the Pledge of Allegiance, Happy Birthday, Holiday Decorations, and

Holiday Season Gift Exchanges

Holiday displays and song programs can be acceptable in the public schools as long as

they send a message of inclusion and celebrate the freedom to choose ones own beliefs. They

must not favor one religion over the others or over non-religion. As long as they meet these

stipulations they are judged to convey a legitimate secular message and are not in violation of the

Establishment Clause of the Constitution (Sechler v. State College Area School District, 2000).

The Jehovahs Witness religion, according to the scenario, considers the recitation of the

Pledge of Allegiance and the singing of Happy Birthday as religious observations. This goes

beyond most mainstream viewpoints. Even if one accepts the notion of these activities as being

religious in nature, this recitation and singing in public schools can be considered to fulfill

legitimate secular educational goals. The Pledge of Allegiance fosters patriotism and respect.

Happy Birthday fosters celebration and community.

Reciting the Pledge of Allegiance, singing Happy Birthday, decorating a classroom for

holidays, and exchanging holiday season gifts teach children about country, community,
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celebration, and charity. Some or all of these activities can be considered religious in nature, but

including them in the curriculum teaches diversity, acceptance, and freedom of choice.

Conclusion and Decision

In Lemon v. Kurtzman the United States Supreme court describes the limitations that the

Constitution imposes on government and on religions:

Under our system the choice has been made that government is to be entirely excluded

from the area of religious instruction and churches excluded from the affairs of

government. The Constitution decrees that religion must be a private matter for the

individual, the family, and the institutions of private choice, and that while some

involvement and entanglement are inevitable, lines must be drawn. (1971)

The question in this scenario is where those lines must be drawn. Using the Lemon Test we

can approximate the lines for instruction in Karen Whites kindergarten classroom.

First, there must be a secular purpose (Lemon v. Kurtzman, 1971). Including the study of

religion in schools is appropriate and desirable (Sechler v. State College Area School District,

2000).

Second, there must be neither advancement nor inhibition of religion (Lemon v.

Kurtzman, 1971). Instruction can include religious topics, but it must be given in a manner that

does not endorse, favor, or disfavor any particular religious choice; instruction must instead

promote the freedom of choice (Sechler v. State College Area School District, 2000).

Third, there must be no excessive government entanglement with religion (Lemon v.

Kurtzman, 1971). This would depend on whether a reasonable observer would likely perceive

the instruction as a governmental endorsement of religion (Clever v. Cherry Hill, 1993).

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Some of the activities Karen White objects to, the Pledge of Allegiance and Happy

Birthday, would not be considered religious to a reasonable observer. Other activities she objects

to, Christmas gift exchanges and holiday decorations, do have a religious tone, but due to the

secular nature of the lessons they teach, would also be acceptable to a reasonable observer.

Despite Karen Whites objections, these activities are constitutionally allowable and can

legitimately be taught in secular classrooms.

Teaching diversity, acceptance, and freedom of choice are appropriate aspects of any

secular education. By changing the instruction she gives, Karen White is no longer teaching

these vital topics. She is denying her students valuable learning opportunities. In her private life,

Karen White is entitled to practice her religion as a private choice. In the classroom the

educational needs of her students trump her personal beliefs; as a school teacher she must adhere

to her schools guidelines, expectations, and curricula.

The parents are correct to protest the changes Karen White has made to her instruction.

She is denying her students important lessons in country, community, celebration, and charity.

Additionally, the activities she finds objectionable are permissible under the Constitution.

Neither a reasonable observer nor the courts would object to them. Her belief in her new faith is

causing her to make unreasonable changes.

Kindergarten teacher Karen White is not effectively meeting the needs of her students.

Principal Bill Ward should present Karen White with a choice: either adopt the curricula of the

school wholeheartedly and give her students the education they deserve or be dismissed.
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References

Clever v. Cherry Hill Township Board of Education (1993). Retrieved April 19, 2017 from Justia

website: http://law.justia.com/cases/federal/district-courts/FSupp/838/929/2255200/

Lee v. Weisman (1992). Retrieved April 19, 2017 from FindLaw website:

http://caselaw.findlaw.com/us-supreme-court/505/577.html

Lemon v. Kurtzman (1971). Retrieved April 19, 2017 from FindLaw website:

http://caselaw.findlaw.com/us-supreme-court/403/602.html

Sechler v. State College Area School District (2000). Retrieved April 19, 2017 from Justia

website: http://law.justia.com/cases/federal/district-courts/FSupp2/121/439/2505364/