Portfolio Artifact #6, Religion and Public Schools

Portfolio Artifact #6: Religion and Public Schools

Michael L Lepera
College of Southern Nevada
April 24, 2017
Celia Isbell
Portfolio Artifact #6, Religion and Public Schools

A kindergarten teacher, Karen White, became affiliated with the religion of Jehovah's Witness.

As a result, she informed all her students and their parents she could no longer participate in certain

projects due to their religious nature conflicting with her own. For example, she could not arrange gift

exchanges during the holidays, nor decorate the classrooms. Nor could she do things like sing, “Happy

Birthday” or recite the Pledge of Allegiance. The parents of Karen's students protested and so the

principal, Bill Ward, recommended Karen's dismissal based on her ineffectively meeting the needs of

her students.

Our first case is in support of Bill Ward's decision to recommend dismissal of Karen White, and

that is Palmer v Bd. Of Educ(1979). In Palmer v Bd. Of Educ(1979), a remarkably similar case,

Joethelia Palmer, a Chicago Public Schools teacher refused to participate in 'patriotic aspects of the

curriculum' as it resembles, “Idolatry” and thus violates her religious beliefs. The court ruled in favor of

the school board, stating that, “the First Amendment was not a teacher license for uncontrolled

expression at variance with established curricular content.” Furthermore, “there is a compelling state

interest in the choice and adherence to a suitable curriculum for the benefit of our young citizens and

sociaety.” In other words, a teacher is not permitted to refuse any aspect of a common curriculum or

curricular activities prescribed by the school district, even if the activities are in direct conflict with

their religion tenants. White, like Palmer, is refusing to participate in “Patriotic Activities” because it

conflicts with her beliefs as a Jehovah's Witness and like Palmer, her personal beliefs pale in

comparison to the curriculum provided by the school.

Our second case in favor of Karen White's dismissal will be Grossman v. S. Shore Pub. Sch.

District (2007). In this case, Kathryn Grossman, was hired on a three-year contract to act as a counselor

for a small town's K-12 school. After her contract was up for renewal (Which would grant tenure) the

school board opted against it. It turned out, Kathryn had at several points over the course of her
Portfolio Artifact #6, Religion and Public Schools

contract disregarded curriculum and Establishment Clause laws to align them with her own Christian

beliefs. Specifically, she refused to allow education on condom use to be taught; opting instead for

abstinence education which led to multiple teen pregnancies. On two occasions, she was recorded to

have led private prayer with several students. Kathryn argues that it is her First Amendment right to

further her beliefs how she sees fits, but in doing so she violated State curriculum decisions and in

effect advanced and proselytized her own beliefs upon a captive student audience. Like Kathryn, Karen

White's abstaining from prescribed curriculum in favor of her own beliefs, even if Karen's are not so

aggressive as Kathryn's opting for omission rather than a change of curriculum, the groundwork

remains the same. Kathryn and Karen are dismissing school prescribed activities and curriculum to

follow in line with their own religious beliefs.

Our first case in favor of Karen White is, Wisconsin v. Yoder (1972). In Wisconsin v. Yoder

(1972) Jonas Yoder and Wallace Miller, members of the Old Order Amish religion and Adin Yutzy of

the Mennonite Church were taken to court regarding the attendance of children under the age of

sixteen. All three parents refused to send their children to school after grade eight since highschool

attendance conflicts with their religious beliefs. The court ruled in favor of Yoder, with a unanimous

decision stating that it was on conflict with the First Amendment to require Amish attendance beyond

the eighth grade. That the individual rights of the parents to raise their children according to their

religious tenants outweighed the State's desire for an educated majority. Like with Yoder, White's

religion of Jehovah's Witness is starkly opposed to “Idolatry”, which includes the worship of things like

Nations, via patriotism or the celebrating of pagan festivals like holiday decoration and gift exchanges.

Our second case in favor of Karen White is West Virginia Board of Education v. Barnette

(1943). In the case of West Virginia Board of Education v. Barnette (1943) the Board of Education

required all teachers and pupils to honor the Flag on punishment of insubordination that could be

punished by expulsion, delinquency or termination. However, the courts ruled in favor of Barnette
Portfolio Artifact #6, Religion and Public Schools

stating that compulsion to salute the Flag against their wishes was antithetical to First Amendment

rights. So, like Barnette, Karen White's refusal to honor the Flag in accordance to her religious

practices are an expression of her First Amendment rights and thus a protected action.

This case is an extremely simple one. The Courts should find in favor of Ward's

recommendation for dismissal. Regardless of any First Amendment rights Karen White may enjoy

outside of her role as an educator; it is clearly established with the Grossman v. S. Shore Public School

District(2007) and the similar Palmer v. Board of Education(1979) decisions that a teacher's First

Amendment rights, while not signed away at the schoolhouse gates, are tempered by required State

curriculum. Karen herself may have the right to not honor the Flag, or not participate in gift exchanges.

But, as an Educator, she must provide her students with the means to do as they please. If it is the

school's decision that gift exchanges be organized, and that the flag be pledged to, then Karen must

accommodate those decisions on her student's behalf. Even if she herself does not participate. Since the

parents are protesting their student's inability to participate, we have to assume that Karen was denying

her students the ability to participate with activities that do not align with her own beliefs. Judgment in

favor of Ward.
Portfolio Artifact #6, Religion and Public Schools

References

Grossman v. S. Shore Pub. Sch. Dist., 507 D. 3d 1097 (7th Cir. 2007)

Palmer v Bd. Of Educ., 603 f.2d 1271 (7th Cir. 1979)

West Virginia State Board of Education v. Barnette. 319 U.S. 624 (1943)

Wisconsin v. Yoder 406 U.S. 205 (1972)

Cambron-McCabe, N. McCarthy, M. Eckes, S. (2014). Legal Rights Of Teachers And Students, 3rd
Edition. Upper Saddle River, New Jersey: Pearson.