Running Header: RELIGION AND PUBLIC SCHOOLS

Religion and Public Schools

Monica Burgos
Sherry Herington
College of Southern Nevada

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Karen White was a kindergarten teacher and she had just turned a Jehovahs Witness. She
informed her students parents and students that she could not participate in a couple activities
because of her religion matters. She could not decorate her classroom for holidays, or do any
parties or gift exchanges for Christmas. She could no longer sing Happy Birthday or even say
the Pledge of Allegiance. Parents were not happy with the teachers decisions. Bill Ward was the
schools principal, and he recommended that she no longer work at that school. Bill felt that the
students needs were very important and Karen would not meet the needs of the students.
The Establishment Clause is used primarily to challenge governmental advancement of
religion. This means Congress shall make no law respecting an establishment of religion or
prohibiting the free exercise thereof (Church/State Relations). Congress cannot force anyone to
attend or not attend a church. Or believe in anything or any religion. Congress does not have the
power to force religion preferences to anyone. As the court noted in 1947, A large proportion of
the early settlers if this country came here from Europe to escape the bondage of laws which
compelled them to support and attend government favored churches (Freedom of Religion and
the Establishment Clause). Some examples that violate the Establishment Clause are setting up a
state church, passing laws that specifically aid one religion. Or forcing people to attend or not
attend church and governmental participation in religious organizations (Freedom of Religion
and the Establishment Clause).
In the following cases it shows how Establishment Clause was violated. In the case of
[Abington v. Schempp] on June 17, 1963, ruled (8-1) that legally or officially mandated Bible
reading or prayer in public schools is unconstitutional (School District of Abington Township v.
Schempp). Edward Lewis Schempp, his wife, and their two children filed suit against the school
district claiming that their religious rights were being violated. The public school their kids

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attended required them to begin each school day by reading 10 passages from the bible, and to
recite the Lords Prayer. The court decided that it was violating the Establishment Clause of the
First Amendment. Whether or not the local school board allowed it, it was violating the
establishment clause. The Schempp family won their case and the court decided that the school
district could no longer require their students to read or recite the bible.
The case of [Florey v. Sioux] is similar to the case of the Schempp family. In this case,
Roger Florey filed suit against the Sioux Falls School District in 1980. Roger was an atheist
parent of one of the students. Roger filed suit because he was not happy with how the school
handled the Christmas season in school. Specifically he was unhappy about the singing, religious
carols, for example, Silent Night and O Come All Ye Faithful. The decision the court took
was that the school district was separating church and state in their school, even though they
would sing religious songs. According to the court, The First Amendment does not forbid all
mention of religion in public schools; it is the advancement or inhibition of religion that is
prohibited (About Agnosticism). The court also mentioned how Christmas and some holidays
no longer confined to the religious sphere of life. It has become integrated into out national
culture and heritage (About Agnosticism). Even Roger as an atheist, he was forced to believe in
anything or attend a church. Instead, the Christmas season was a part of the culture and education
of his childrens lives. The final conclusion was that public schools were allowed to make use of
religious material during religious holidays. As long as it was educating the students only during
the season or holiday.
The cases [West Virginia State Board of Education v Barnette] and the [Palmer v Board
of Education] cases are very similar to Karen Whites case. The [West Virginia State Board of
Education v Barnette] case is about Barnette who is a Jehovahs Witness who refused to Pledge

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of Allegiance the United States flag while in a public school. If a student would not pledge
allegiance the flag they would get expelled from school and their parents could get a fine. For
every day they would be fined $50 until he agreed with the schools rules. He would have due
process but a delinquency hearing. This meant that they could get let the court know their side of
the story but be considered a delinquent and be unlawfully absent to school. Barnette asked the
school to make an exception to him and all of Jehovahs Witnesses because it was against their
religious beliefs but the school denied the request. Barnette filed suit and he the case. The West
Virginia State Board of Education was violating their choice of beliefs. The establishment clause
specifically states that no congress shall make no law or rule prohibiting or forcing anyone to
believe or do something against their beliefs. Barnette won because this was something he could
choose to do.
Now on the case of [Palmer v Board of Education] Palmer lost the suit. She was also a
Jehovahs Witness, and a full-time non-tenured kindergarten teacher. When she was appointed as
a full-time teacher she went to Florence Paskind, the principal, to advise her that she was not
going to teach anything having to do with love of country, the flag and other patriotic matters
(Leagle). She had decided this because of her religious beliefs. The principal understood and
made an exception, and permitted a student teacher or parent to instruct the students about
patriotism. After Paskind allowed this, she began to receive parents complaints about Palmers
teaching techniques. The parents emphasized that their children were not receiving the same
education as the rest of the students in other classrooms. According to Paskind, Palmers lesson
plans were a mess and disorganized. Palmer also ignored some lesson plans she was suppose to
teach. For Palmers case, the school district won over and Palmer as a non-tenured teacher she
had no entitlement to be employed at that school. Even though her religious beliefs were

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protected and she has the option to choose any religion, she got fired for her poor teaching
techniques. She was not doing her job by teaching the students what they had to know. Palmer
was allowed due process but the court decided that her job was more important than what she
wanted to teach and not teach to her students.
Going back to Karen Whites case, we can see how she has the right of Freedom of
Religion and the Establishment Clause. Congress cannot make any law that denies religious
freedom to Ms. White. White decided to not participate in any activities that were against her
beliefs. She was not going to participate in any gift exchanges or the Pledge of Allegiance or
even sing Happy Birthday. Bill Ward the principal took in consideration her dismissal and
recommended it to the rest of the school board. Ward thought about Whites dismissal based on
her incapability to teach her students. Based on Religious Freedoms, teacher may not refuse to
teach certain aspects of the state-approved curriculum based on religious objections or beliefs
(Religions Freedoms). Karen White as a kindergarten teacher has to teach her students
everything the school tells her because her students are in the stage that they need to learn
everything by example. They cannot see her teacher not pledge of allegiance to the flag. In
conclusion, White should be dismissed for the inefficiency to the needs of her students.

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Reference
Establishment Clause. Cambron-McCabe, N., McCarthy, M., & Eckes, S. (2014). Legal Rights
Of Teachers And Students, Third Edition: Pearson, Page 41.
Freedom of Religion and the Establishment Clause. (2010) National Paralegal College.Retrieved:
http://nationalparalegal.edu/conLawCrimProc_Public/FreedomOfExpression/FreedomOf
Religion&EstCl.asp
Leagle. Palmer v Board of Education of City of Chicago. No. 77 C 4721. (2015) Retrieved from:
http://www.leagle.com/decision/19791066466FSupp600_1966/PALMER%20v.
%20BOARD%20OF%20ED.%20OF%20CITY%20OF%20CHICAGO
Religion and Spirituality. (2015) Retrieved from:
http://atheism.about.com/library/decisions/holydays/bldec_FloreySiouxFalls.htm
Religious Freedoms. Chapter 8, Page 234. (2007) Retrieved from:
http://ptgmedia.pearsoncmg.com/imprint_downloads/merrill_professional/images/020550
8162_c08.pdf
School District of Abington Township v Schempp. Stephen R. McCullough, (2014) Retrieved
from: http://www.britannica.com/topic/School-District-of-Abington-Township-vSchempp