Portfolio Artifact #6 1

Portfolio Artifact #6

Edgar Roa

College of Southern Nevada

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Karen White, a kindergarten teacher, informed her students and the parents of her

students that she could no longer lead certain activities or participate in certain projects because

she had changed her religious beliefs. Her newly acquired affiliation with Jehovah’s Witnesses

prohibits her from participating in certain activities such as: decorating the classroom for

holidays and planning for gift exchanges during the Christmas season. She also cannot not sing

“Happy Birthday” or recite the Pledge of Allegiance. The parents of her students protested. Bill

Ward, the school principal, recommended her dismissal based on her not being able to meet the

needs of her students.

Karen White should not be dismissed, The Free Exercise Clause of the First Amendment

guarantees individuals the right to worship as they choose (Underwood, 2006). Nobody can

interfere with White’s religious beliefs or practices as long as she is not influencing her students

personal beliefs. White cannot be dismissed just because the parents of her students are not

happy with her decisions. I​n 1981, in ​Stone v. Graham,​ the court ruled that schools cannot

endorse or promote religion (Stone v. Graham​)​ .​ In America, we are allowed to practice any

religion we choose. Teachers are normal citizens that have the same First Amendment rights.

The only difference is that teachers cannot express their religion in the school setting. White was

not expressing her religious beliefs in school; therefore, Ward does not have a valid reason to

dismiss her.

Karen White has done nothing wrong. She has done nothing disruptive or harmful. She

was just not planning to join in the festivities and activities because her new religion does not
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allow her to. In 1962, in​ Engel v. Vitale,​ the court ruled that students are not obligated to recite a

state-composed prayer (​Engel v. Vitale​).​ The same rule should be applied to teachers. The

parents of White’s students and Ward should realize that White is not obligated to do anything

else but teach. Teaching does not include decorating a classroom for holidays or reciting songs.

The ​Title VII of the Civil Rights Act of 1964, prohibits discrimination based on race, color,

religion, sex or national origin (Cornell Law School, 2007). Ward is discriminating her because

of her religion.

The students of Karen White are kindergartens. They are young children who are easily

influenced because they believe everything. ​In ​Marchi v. Board of Cooperative Educational

Services,​ the 2nd Circuit ruled that school officials could order a teacher to refrain from using

religious references (Marchi v. Board of Cooperative Educational Services, 1999)​. ​At a

kindergarten grade level it is very difficult for a teacher of a different religion to not interfere

with a majority of the student’s beliefs. It is also difficult to not influence the student’s opinions

or beliefs, since kindergarten is the year where most students develop their personality.​ White

may need to be dismissed because it may be difficult for her keep her private citizen beliefs and

teaching duties separate.

White may not be influencing her students on purpose, but she is influencing her students

unintentionally. By not allowing her classroom to be decorated during holidays and/or ​planning

for gift exchanges during the Christmas season, ​White is suppressing her student’s First

Amendment Rights. Many students consider Christmas a religious holiday. I​n the ​Tinker v. Des

Moines ​case, the court agreed that students do not leave their rights at the schoolhouse door
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(Tinker v. Des Moines,​ ​1969). White should make an arrangement so her students could be able

to do the activities their parents want, and if she cannot, she should be dismissed.

White should not be dismissed. As a teacher, White cannot express her religious beliefs

around her students, but she can when she is not teaching. I​n ​Stone v. Graham​, the court ruled

that schools cannot endorse or promote religion (Stone v. Graham, 1981)​. Based on the

information, White has never promoted or endorsed her religion at school. In addition, she has

not influenced her students beliefs on purpose. White has done nothing wrong. She refused to

join in the creative activities because of her new religion. In ​Engel v. Vitale,​ the court ruled that

students are not obligated to recite a state-composed prayer (Engel v. Vitale​, 1​ 962), which

should be the same for teachers. White is only required to teach. She is not required to do

creative activities like present exchanges and Christmas decorating. White should not be

dismissed just because the parents of her students do not support and respect her religions

principles. White’s First Amendment rights should be respected and she should be able to

maintain her religious beliefs and teach.

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References

Cornell Law School. (2007, August 06). Employment Discrimination. Retrieved February 19,

2018, from ​https://www.law.cornell.edu/wex/employment_discrimination​.

Engel v. Vitale, 370 U.S 421 (1962)

Marchi v. Board of Cooperative Education Services of Albany, 173 F.3d 469 (2nd Cir. 1999).

Stone v. Graham, 449 U.S. 1104 (1981)

Tinker v. Des Moines​, ​393 U.S 503, 506 (1969)

Underwood, J., & Webb, L. D. (2006). School law for teachers: concepts and applications. Upper

Saddle River, NJ: Pearson/Merrill Prentice Hall.