Professional Documents
Culture Documents
Oscar Garcia
Abstract
Karen White, a kindergarten teacher, became affiliated with Jehovahs Witnesses, so she
informed her parents and students of the situation. This meant there would be more of a
restriction in her classroom, such as no activities or projects that correlate with holidays. She also
plans to no longer decorate her classroom or sing songs, which were the Happy Birthday song
and Pledge of Allegiance. Parents were outraged by this and Principal Ward asked for Ms. White
to dismiss herself since she could not meet the needs of her students.
Karen White, a kindergarten teacher, became affiliated with Jehovahs Witnesses, so she
informed her parents and students of the situation. This meant there would be more of a
restriction in her classroom, such as no activities or projects that correlate with holidays. She also
plans to no longer decorate her classroom or sing songs, which were the Happy Birthday song
and Pledge of Allegiance. Parents were outraged by this and Principal Ward asked for Ms. White
to dismiss herself since she could not meet the needs of her students.
One of the rights composed in the First Amendment is the freedom of religion. However,
the Establishment Clause in the First Amendment proposition is to keep the church and state
separated (Cambron-McCabe, McCarthy, & Thomas, 2009). In this clause, neither the state nor
the Federal Government can pass laws that favor a religion, and they cannot aid one or all
religions (Cambron-McCabe et al., 2009). The Goss v. Lopez case states that the students
al., 2009). Therefore, the student should be notified ahead of time of why their rights have been
violated and an opportunity to give their input. Since the Fourteenth Amendment protects the
liberties of a person, the teacher also has rights in regards to the First Amendment. Meaning, the
teacher is entitled to express their religious belief. When it has become involved with education,
their religious belief has now intertwined with the state (Cambron-McCabe et al., 2009). The
Due Process Clause can then be issued to the teacher with charges against them. This is a long
procedure for dismissal, but the teacher has an opportunity to rebuttal the charges filed against
them.
Since students have the right to refuse to recite the Pledge of Allegiance, Ms. White has
that same right if it clashes with her religion or belief. The West Virginia State Board of
RELIGION AND PUBLIC SCHOOLS 4
Education v. Barnette establishes the idea where students are not required to cite the Pledge of
Furthermore, Courts have abolished policies or laws that requires student to stand during the
Pledge, but a notification to the parents of nonparticipating students was mandatory. Ms. White
did inform the parents ahead of time that her class was not going to sing songs, such as the
Pledge of Allegiance. She also argues that the school is forcing her to do things that go against
her religious belief. The Abington v. Schempp case concerns with activities in public schools,
such as Bible-reading and the reciting of the Lords Prayer (School District of Abington
Township, Pennsylvania v. Schempp, n.d.). In this case, the students were allowed to oppose in
these activities as long as they had a written note from their parents. However, the First
Amendments Establishment Clause was violated since these activities were religious
ceremonies and purposely intended by the State. Even with a childs note from their parents that
excuse them from participating, there was no prevention on the schools actions as it violated the
Establishment Clause. In support of Ms. White, the school and State purposely made a
curriculum that involves holidays and patriotism. However, those activities go against her
religion, so the church and state separation clause is not implemented in her case.
The principal and school want their students to be educated in a safe and fun environment
where they can learn holidays they are familiar with and holidays of other cultures. The Florey v.
Sioux Falls case recognizes the issues with Holidays (Cline, 2016). In great detail, the case was
sought to be when a parent argued that the Christmas concerts were endorsing one particular
religion. The courts decided that as long as the use of religious material and holidays were for the
purpose of educating the students, then it was permissible. The school wants Ms. White to use
these holidays and songs to educate her students for historical and cultural differences. The use
RELIGION AND PUBLIC SCHOOLS 5
of classroom decorating during holidays is also acceptable as long as it is for a short period of
time and does not endorse one religion. Because Ms. White will not participate in any holiday
activities or the pledge, the school has the right to dismiss her. The Palmer v. Board of Education
of Chicago had a teacher who refused to participate in holiday activities because she was a
Jenovahs Witness (Palmer v. Board of Ed. of City of Chicago, 2015). The school reprimanded
her, but she still rejected some of the activities that correlated with American patriotism. The
courts assume that the teachers refusal to teach the pledge was protected, but her refusal to
participate in holiday activities and songs was not protected according to free speech context.
Although Ms. White is protected by not wanting to cite and teach the pledge, she is not protected
Most of the judges in this case can agree with the schools viewpoints against Ms. White.
She states that it is her right to refuse to recite the pledge according to the West Virginia Board of
Education v. Barnette. She feels as though she is purposely forced to teach activities and sing
songs revolving around holidays, which breaks the Establishment Clause of the First Amendment
in her case. However, the school can justify that students have the right to be educated on
holidays and songs for educational purposes based on the Florey v. Sioux Falls case. In addition
to that statement, Ms. White can argue that her right to refuse to teach the Pledge is protected
under the Palmer v. Board of Education of Chicago. In that same case, the school can concur
with that, but they can also add on by stating that not participating in holiday activities is not
References
Cambron-McCabe, N. H., McCarthy, M. M., & Thomas, S. B. (2009). Legal rights of teachers
Cline, A. (2016). Court decision - florey v. sioux falls school district. Retrieved May 01, 2016,
from http://atheism.about.com/library/decisions/holydays/bldec_FloreySiouxFalls.htm
Palmer v. Board of Ed. of City of Chicago. (2015). Retrieved May 02, 2016, from
http://www.leagle.com/decision/19791066466FSupp600_1966/PALMER v. BOARD OF
School District of Abington Township, Pennsylvania v. Schempp. (n.d.). Oyez. Retrieved May