Artifact #6 Religion and Public Schools

Artifact #6 Religion and Public Schools

Courtney Zedaker

College of Southern Nevada

December 02, 2017

Artifact #6 Religion and Public Schools

Karen White is a kindergarten teacher. She informed parents and students that she could

no longer participate or lead certain activities because they were religious in nature and

conflicted with her new Jehovahs Witnesses affiliation. She could no longer decorate her

classroom for holidays or exchange gifts during Christmas. She also could not recite the Pledge

of Allegiance, or sing Happy Birthday. Bill Ward, the school principal, recommended her

dismissal after parents protested based on her ineffectively meeting the needs of her students.

The first case that supports Karen White to not be removed is the case West Virginia

State Board of Education v. Barnette (1943). This is a decision by the Supreme Court stating,

the Free Speech Clause of the First Amendment protects students from being forced to stand or

salute the American flag or say the Pledge of Allegiance in the public schools (West Virginia

State Board of Education v. Barnette, 319 U.S. 624 1943). This case overturned the ruling on a

previous case that made Jehovahs Witnesses salute the flag in public schools. This landmark

case gave the freedom back to those practicing religion and stated standing or saluting was their

personal decision and no school could make them go against their religious beliefs. Karen White

not reciting the pledge, also due to being Jehovahs Witness, is a right she has as a citizen

regardless if she is a teacher or not. As with every religion, there are guidelines and practices that

its members feel compelled to follow. Ms. White is not prohibiting her students from saying the

pledge if they so wish; she was just stating to the parents that she could no longer participate due

to her faith.

The second case that supports Karen White is Wisconsin v. Yoder the Court (1972). In

this case the Supreme Court found that Amish students could not be made to attend school after

they learned their basic educational skills in the eighth grade. The court stated the parents had a
Artifact #6 Religion and Public Schools

fundamental right of freedom of religion and the schools interest in educating children did not

outweigh that right. The parents are free to choose the educational plan they wish their children

to partake in after eighth grade and are free to exercise their religion. Similarly, Karen White also

has the fundamental right of freedom of religion. She is free to practice her religion and is

protected by the Constitution to do so. She is not impeding the students basic educational skills

or activities, she is simply asking to not be required to participate in the activities that are

disrespectful to her religion.

The first case that supports Bill Wards decision for dismissal is Florey v. Siox Falls

School District (1980). In this case a father sued stating the school had students rehears,

memorize, and then perform Christmas carols that had religious content. They also learned about

the reason behind the holiday according to Christian accounts. The court found that the students

could be made to study religious songs, including carols, if the purpose of the study is to teach

the students about societys cultural or religious heritage. Karen White is being asked to lead her

students in activities that teach them about holidays that are widely known in society. Her being

required to participate in such activities meets the needs of students by helping educate them on

cultural practices. Ms. Whites role as a teacher is to teach her students based on state and school

requirements. She is to help create well-rounded students that know about different cultural

elements. Her not believing in the material is not reason enough to not allow these practices to be

done in her classroom simply because she chooses not to.

The second case that protects the principals decision is Clever v. Cherry Hill Township

Board of Education (1993). In this case a school district wished to display calendars that had

several religious holidays and symbols on them. The court ruled that public schools have the
Artifact #6 Religion and Public Schools

right to display holiday symbols as long as the display is absent of denominational preference.

Bill Ward, the principal, is asking Karen White to participate in activities that are

nondenominational. The Christmas holiday has several meanings and aspects that go along with

it. She is not being asked to teach the Christian history of the holiday, she is being asked to

decorate her room and lead a gift exchange. Neither request is pushing the Christian relationship

on her; therefore it is free of religious motives. By following the curriculum and requests of the

principal, she is providing her students with a well-rounded education, which they are entitled to.

In conclusion, based on the court cases and text, I believe that the court will not uphold

the decision to dismiss Karen White. I believe there was not a justifiable basis for the principal to

suggest her removal. The Free Exercise Clause of the First Amendment guarantees individuals

the right to worship as they choose. The case West Virginia State Board of Education v.

Barnette (1943) supports my decision because the cases are similar in nature. In that particular

case it allows Jehovahs Witnesses the right to not stand during or recite the Pledge of Allegiance

because it violates the Free Speech Clause of the First Amendment. Karen White can no longer

lead her class in the pledge due to her Jehovahs Witness religion. This case proves that she has

the right to refuse doing so due to her basic human rights guaranteed in the Constitution. The

case Wisconsin v. Yoder the Court (1972) supports my decision because its ruling said a state

cannot require an activity that impedes on ones right to free exercise of religion. Christmas is a

holiday that is based on the Christian religion. A school cannot require a teacher to participate in

Christmas activities because they would be suggesting that imposing religion is allowed. Ms.

White wishes to not participate in Christian rituals so she cannot be forced to decorate, hand out

gifts, or acknowledge such practices. Karen White is not trying to impose her religion on her
Artifact #6 Religion and Public Schools

students. The children in her classroom are still getting an education and their basic needs are

met.
Artifact #6 Religion and Public Schools

References

Clever v. Cherry Hill Township Board of Education, 838 F. Supp. 929 (D. N.J. 1993). (n.d). Retrieved
November 28, 2017. http://www.belcherfoundation.org/clever_v_cherry_hill.htm

Florey v. Sioux Falls School District 49-5, 619 F.2d 1311 (8th Cir. 1980). (n.d). Retrieved November 25,
2017. http://www.belcherfoundation.org/florey_v_sioux_falls_school_district.htm

West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). (n.d). Retrieved November 27,
2017. http://caselaw.findlaw.com/us-supreme-court/319/624.html

Wisconsin v. Yoder, 406 U.S. 205 (1972). (n.d). Retrieved November 29, 2017.
http://caselaw.findlaw.com/us-supreme-court/406/205.html

Underwood, J., & Webb, L. (2006). School Law for Teachers. Upper Saddle River: Pearson
Education