Religious Rights 1

Running head: Religious Rights

Religious Rights

Alexandria Dean

College of Southern Nevada

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Abstract

My paper is about religion in public schools. I focus on teacher's rights and how their

religion prevents them from doing their job, or how they are able to still do their job, even

though their religion prevents certain things.

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Title of Paper

Schools have been strict on religion since church and state became a thing. While

students are allowed to hold religious clubs on campus, during non-school hours, students and

teachers are not allowed to teach religion or discuss it—except for in select classes that allow it.

Even with this, things like Christmas parties and decorating are allowed. Karen White is a

kindergarten teacher who recently decided to become affiliated with the Jehovah's Witnesses—

which meant she could no longer do this such as decorating the classroom during Christmas,

singing "Happy Birthday", or even saying the Pledge of Allegiance. The school principal, Bill

Ward—after parent protests—recommended that White be dismissed because of her inability to

meet the needs of the students.

In 1962 there was a court case by the name of Engel v. Vitale (1962). Engel v. Vitale

(1962) is considered the court case that officially banned prayer in schools. A New York school

district decided to have students pray at the beginning of each school day, and it was challenged

by 10 students in the district. After taking it to court, the Supreme Court ruled that the school

district violated the Establishment Clause within the First Amendment. Now, Young v. School

District is not all about praying in schools, but it does address religion in schools. If teachers are

not allowed to practice a religion publicly in schools, why should a teacher be able to use their

religion to not let the students participate in normal school activities?

Another case where courts ruled that religion affected schools is School District of

Abington Township, Pennsylvania v. Schempp (1963). In this case, the Abington School District

required that students read at least ten verses of a Bible and then recite the Lord's Prayer. If

students did not want to participate than parents could write a note excusing them from it. The

courts ruled that the school requiring Bible readings went against the First Amendment and even
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though parents could write notes excusing their student, it did not prevent the school from

violating the Establishment Clause. This relates to White because her not doing certain things

prevented the kids from doing things that did not violate the Establishment Clause. Why should

kids get punished for not being able to do things even though they did not do anything?

Another side of the argument is that if this is her religion, why should she get punished

for having a religion? A case that is kind of related to this is Wisconsin v. Yoder (1972). In this

case, an Amish man refused to send his kids to school past eighth grade, even though the law

requires all children to remain in school until at least age sixteen. Yoder argued that in order to

live a fulfilling Amish life, you do not need to go to school past eighth grade. The courts agreed

with him, and made an exception for Yoder and others with similar situations. If the courts are

willing to make exceptions for students that related to their religion/lifestyle, why can they not

make the same exceptions for teachers who have a religion/lifestyle?

Sherbert v. Verner (1962) is another case that related to teacher's rights and religion. In

this case the courts decided that a state could not refuse unemployment benefits because her

religion required she do not work on Saturday and instead go to church. If a person cannot be

judged for their religion while unemployed, why should they be allowed to during employment?

White is not refusing to do her job, she is just not doing certain things because it goes against her

religion.

Personally, I think that she should be fired as she is making the kids miss out on things

that their peers get to do. I do not understand how a religion means that a teacher cannot sign

Happy Birthday to children. I do not think she is capable of doing her job correctly, and therefore

should not be allowed to teach.

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References

Prayer in School: 6 Cases Supreme Court Has Ruled On. (2014, October 28). Retrieved June 29,

2017, from http://www.newsmax.com/FastFeatures/prayer-in-school-supreme-court-

cases/2014/10/28/id/602801/

School District of Abington Township, Pennsylvania v. Schempp. (n.d.). Retrieved June 30,

2017, from https://www.oyez.org/cases/1962/142

Sherbert v. Verner. (n.d.). Retrieved June 30, 2017, from https://www.oyez.org/cases/1962/526

Wisconsin v. Yoder. (n.d.). Retrieved June 30, 2017, from https://www.oyez.org/cases/1971/70-

110