Running head: RELIGION IN SCHOOLS 1

Artifact # 6

Edward K. Burcham

College of Southern Nevada

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Abstract

In this paper, we will be discussing whether the teacher has the right to decide whether

she can willfully disregard the school’s curriculum due to her religious affiliation with the

Jehovah Witness’s. She refuses to participate in any and all activities that can be deemed as

religious or anything that has to deal with any sort of idol worship. In order to see whether she

does or does not have the right to do something like this, we will evaluate four cases to see. We

will be evaluating and applying Florey v. Sioux Falls, School District of Abington Township v.

v. Schempp, West Virginia State Board v. Barnette, and Palmer v. State Board of Education. At

the end of the paper, we will talk about whether or not the Supreme Court would rule in favor of

the teacher or the school.

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Artifact # 6

When it comes to religion in school, our courts look at any religious activity as generally

something that should not happen in our schools. With the separation of church and state, they

see it that any religious holiday or ceremony is unconstitutional, due to the infringements on the

rights of others. While there are some exceptions to the rules when it comes to religious activities

in schools, they’re usually have a strict eye kept on them.

In this case, we have a kindergarten teacher by the name of Karen White who has

recently joined a religious group known as the Jehovah’s Witnesses. Due to her new found

affiliation with them, she let all of the students and parents that were in her classroom know that

she could no long lead activities or participate in certain activities that were religious in nature.

For example, she was unable to decorate for the holidays or plan gift exchanges during the

holiday season. She also could not do anything such as sing Happy Birthday or recite the Pledge

of Allegiance with her students. Due to this, the parents were outraged and protested to the

principal about the actions of the teacher. Bill Ward is now recommending her dismissal since

her inability to participate in these activities would make it so she was ineffective in meeting the

needs of her students. In this case, the question is whether or not Karen White can be dismissed

based off the fact she will ineffectively meet her student’s needs.

One case that would be able to help Karen White would be Goss v. Lopez, a case based

on Due Process. In this case, nine students in two high schools and a student in junior high were

suspended from school without having a hearing. The principals did not hold hearings since Ohio

state law did not require them to give students the right to a hearing. The principals were

challenged for their actions, eventually making their way to the Supreme Court. They found in

favor of the students, saying that their due process rights were violated when they weren’t given
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a chance to defend themselves at their hearings. This would be able to help Karen White by

making it so the principal would be required to hold a hearing for her. She would have to be

given the chance to defend herself against the accusations that she would be an ineffective

teacher. So in order for her to be fired from the classroom due to the fact she would be

ineffective, they would have to prove she’s ineffective and give her a chance to defend against it.

Another case that would help her out would be Florey v. Sioux Falls, a case dealing with

religious activities in schools. In this case, an atheist by the name of Roger Florey was a parent

of a child in the Sioux Falls school district. In this school district, there were holiday celebrations

in the schools that were allowed to sing Christmas songs during a holiday concert. Florey

thought that the singing of Christmas songs were something that violated his right under the

establishment clause because the songs had religious intent. In this case, the Supreme Court

decided in favor of the school district, stating that while the songs had religious intent, they did

not impede nor advance religion. This would help Karen White because her actions in the

classroom would not impede or advance her religion towards other students. Therefore, under the

basis he is trying to dismiss her on, she would not be found to be ineffective by not participating

in these activities.

A case that would help the principal in dismissing Karen White would have to be School

District of Abington Township, Pennsylvania v. Schempp, a case about religion in schools. In

this case, students in the Abington school district were required to read at least ten bible verses a

day. After they finished their bible verses, the school district required that the students would

have to recite the Lord’s Prayer. If parents objected, they were able to opt their child out of this.

A pair of atheists challenged this requirement in the schools, stating that it violated the

establishment clause by advancing religion in the school. The Supreme Court sided with
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Schempp, saying that even though students were able to opt out of the verse readings and prayer,

the actions of the school district still advanced religion. Since it advanced religion, it violated the

establishment clause. This would help the school by showing that Karen White’s attempts to

advance her religion on her students by requiring them to do the same things she did for religious

reasons would violate the establishment clause. Due to this, it would make it so she would be an

ineffective teacher because she would be unable to properly teach her class because she would

put her religion ahead of their education. Therefore, students would not be able to learn about

any holidays, making it so their education would be hampered.

Another case that could help the principal would be Palmer v. Board of Education, a case

just like this one. In this case, Joethia Palmer was a probationary kindergarten teacher that had

recently converted to the Jehovah’s Witness religion. Due to this, she alerted the students and

teachers that she would no longer participate in any religious activity, holiday, or anything else

that was subject to idol worship. Due to the fact that she would not follow the curriculum at all,

she was let go from her position. She sued on the grounds that they could not fire her based on

this due to the fact it would violate her religious principles. The Supreme Court found in favor of

the school. The court ruled this way, saying that a teacher’s religious principles were not a reason

to allow them to not teach the prescribed curriculum. This helps out the principal because this is

exactly what she’s trying to do. She is trying to impose her own religion on her students by

making it so they cannot participate in activities that are part of their curriculum. Due to this, the

establishment clause is being violated.

Another case that could help the principal would be West Virginia State Board of

Education v. Barnette. In this case, the West Virginia school district required that all students

salute the flag during all school activities. If any student doesn’t want to salute the flag, they will
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be punished for insubordination and possibly expelled from the school. Walter Barnette

challenged the school’s policy in court, ultimately winning. The saluting of the flag was

considered to be compulsory unification of opinion, which would impede the rights of others.

The principal could use this by showing that Karen White’s actions would make her students be

forced to all unify around her own opinions. Therefore, it would make it so she would be

ineffective and violating the establishment clause.

Based off of the cases on the subject, it would be very easy to see where the court would

rule in this situation. They would rule in favor of the principal, allowing him to reasonably

dismiss Karen White from her job. Karen’s actions would violate multiple aspects of the

establishment clause, mainly making it so students would be forced to conform to her religion.

She would be advancing her own religion in the classroom by forcing them to not participate in

any religious activities. Therefore, the court would allow for her to be dismissed, since her

advancement of religion would make her an ineffective teacher in the classroom. Even in the

Palmer case, it was shown that a situation similar to this would result in the dismissal of teacher.

Through the use of the cases, it has been easily shown that religion and schools simply do

not mix very well. Since all religious actions will usually impede or advance on someone’s

religion, it would make it impossible for them to serve a nonsecular purpose in our schools. This

shows that as teachers, we must watch what we do in our classrooms.

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References

FindLaw's United States Seventh Circuit case and opinions. (n.d.). Retrieved May 03, 2016, from

http://caselaw.findlaw.com/us-7th-circuit/1353428.html

Florey v. SIOUX FALLS SCH. DIST. 49-5, 464 F. Supp. 911 (D.S.D. 1979). (n.d.). Retrieved

May 03, 2016, from http://law.justia.com/cases/federal/district-

courts/FSupp/464/911/1520042/

Goss v. Lopez. (n.d.). Retrieved May 03, 2016, from https://www.oyez.org/cases/1974/73-898

School District of Abington Township, Pennsylvania v. Schempp. (n.d.). Retrieved May 03,

2016, from https://www.oyez.org/cases/1962/142

West Virginia State Board of Education v. Barnette. (n.d.). Retrieved May 03, 2016, from

https://www.oyez.org/cases/1940-1955/319us624