RELIGION IN PUBLIC SCHOOLS 1

Religion and Public Schools

Chapter 11 Assignment Submission ( Portfolio Artifact #6)

Sarah Kerschgens

EDU 210 Nevada School Law

Dr. Dale Warby

March 1, 20018
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A Kindergarten teacher Karen White has recently joined the religion Jehovah's Witnesses.

Due to her new affiliation with this religion Ms. White is refusing to sing “Happy Birthday”,

recite the “Pledge of Allegiance” , decorate the classroom for the holidays or even plan for gift

exchanges during the Christmas season. Parents quickly protested and the school principal has

recommended her dismissal as he feels she cannot meet the needs of her students. Ms. White has

the right to the Free Exercise Clause as per the First Amendment but does she have the right to

infringe her beliefs on her Kindergarten students. Ms. White as an individual is free to believe in

what she wants , but is she right to act on these beliefs in a classroom setting ? Or is their a

compelling interest in teaching these Kindergarten children the “Happy Birthday”song , being

able to recite the “Pledge of Allegiance” or knowing about the Christmas season ?

The schools principal is well within his rights to dismiss Ms. White as in the case Palmer

v. Board of Education 1979, this was also a case where a teacher refused to recite the “Pledge of

Allegiance” or to participate in certain religious activities, The courts ruled in the schools favor

citing “the First Amendment was not a teacher license for uncontrolled expression at variance

with established curriculuar 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 society”.

Also is favor if the school dismissing Ms. White is the ruling Skoros v City of New York

(2006). In this case a mother did not want her public school to display holiday ornaments in the

school. Here the courts ruled that “New York City's holiday display policy for its public schools,

both on its face and as applied by the defendants, comports with the Establishment and Free

Exercise Clauses of the First Amendment and does not violate a parent's right to control the
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religious upbringing and education of her children. This is also the case in Ms. Whites case, the

Kindergarten teacher does not have the right to control what the children learn and what they do

not learn. Kindergarten children should be educated in all manners and customs of society. Ms.

White cannot decide herself what the children should or should not learn based on her own

Religious beliefs.

In favor of Ms. White is the case West Virginia State Board of Education v Barnette

(1943). Here the courts ruled held that school officials do violate the First Amendment by

compelling students to salute the flag and recite the Pledge of Allegiance. Here a group of

Jehovah's Witnesses challenged the law on First Amendment grounds. They argued that the

forced flag salute conflicted with their religious beliefs against idol worship and graven images,

and therefore violated their free exercise of religion and freedom of speech rights under the First

Amendment, this is the exact same as with Ms. White , as she is also a Jehovah Witness and

cannot be forced to recite things she does not believe in. Ms. White has the right to protect her

First and Fourteenth Amendments

Also in favor of Ms. White decision not to sing “Happy Birthday”, recite the “Pledge of

Allegiance” , decorate the classroom for the holidays or even plan for gift exchanges during the

Christmas season would be the case Sherbert v Verner (1963). In this case a member of the

Seventh Adventist Religion was dismissed from her job as she refused to work on a Saturday,

which for her was her “Sabbath”. Here the courts ruled in her Sherbert's favor , this decision by

the courts made the States recognize the requirements of faith. As in Ms. Whites case , she

should have the right to execute her faith in the manner that is acceptable to her.
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I feel the courts will decide to dismiss Ms. White . As ultimately, the teacher’s

responsibility is to deliver the curriculum in a manner that is most efficient and beneficial to the

students. In my opinion, she was not asked to conform to the beliefs or the principles of the

curriculum (patriotic curriculum), but just to pass them on to her students.

“Religion was once deemed to be a function of the public school system. The Northwest

Ordinance, which antedated the First Amendment, provided in Article III that "Religion,

morality, and knowledge being necessary to good government and the happiness of mankind,

schools and the means of education shall forever be encouraged." (Engel v Vitale 1962)

A teacher can not refuse to follow the prescribed curriculum, even if the refusal is based on

religious objections. In regards to teacher’s freedom of religion, teachers must teach the

prescribed curriculum, even if it partially or wholly offends the teacher’s religion. Also the fact

that Ms. White has only recently joined the Jehovah Witnesses means she cannot be so immersed

in the religion that it should effect her teaching if these young students.
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RELIGION IN PUBLIC SCHOOLS

REFERENCES

Engel v. Vitale (1962)

http://caselaw.findlaw.com/us-supreme-court/370/421.html

Retrieved March 1, 2018

Palmer v Board of Education 1979

https://shannon3457.wordpress.com/palmer-significance-to-school-policiesprocedures/

Retrieved March 1, 2018

Sherbert v Verner (1963)

http://caselaw.findlalw.com/us-supreme-court/374/398.htm

Retrieved March 1, 2018

Skoros v City of New York (2006)

http://caselaw.findlaw.com/us-2nd-circuit/1351830.html

Retrieved March 1, 2018

West Virginia State Board of Education v Barnette (1943)

http://caselaw.findlaw.com/us-supreme-court/319/624.html

Retrieved March 1, 2018