ARTIFACT #4 VIDRIO 1

Portfolio #6

Nalany Vidrio

EDU 210

Professor Warby

03/11/2019
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Karen White a kindergarten teacher informed the school and her student’s parents that

due to her affiliation with Jehovah Witness she could no longer lead specific school activities.

Karen White could no longer sing “Happy Birthday”, decorate the classroom during the

holidays, or plan the gift exchange done during Christmas time. AS she could not recite the

pledge of allegiance which is typically recited every morning. When the parents were informed

of this situation they protested and the school principal Bill Ward recommended her dismissal

based on ineffectively meeting her student’s needs.

There have been cases known that deal toward teachers and their freedom of religion

although at times the situations violate the establishment clause. In the case Russo v. Central

School District No. 1 the teacher Susan Russo was reported by parents due to she not saluting the

flag and reciting the Pledge of Allegiance in class. Mrs. Russo did not from one day to another

stop reciting the pledge she did this since the start of the year. Although the school did not notice

until late April and this was when she was observed standing I silence when the pledge was

being recited. Mrs. Russo was then called into the Principals office to explain herself in which

she explained that her not reciting the pledge was a personal decision.

Which led to the principal not allowing her to a probationary appointment to be renewed

unless she was to resign. In which Mrs. Russo refused to do so. Due to the fact that she never

encouraged her students to follow her beliefs and actions, although she still showed respects to

the flag and her students and would stand for the pledge. The reason for her not reciting the

pledge was that she felt as if she were a hypocrite if she recited the pledge. All teachers are

protected by the first amendment in not reciting the Pledge of Allegiance. In which this case

would support Whites case due to the fact that she is not required to recite the Pledge of

Allegiance.
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Another case that is in supports of White is West Virginia State Board of

Education v. Barnette. In this case West Virginia State Board of Education made it mandatory

for the teachers and students to recite the Pledge of Allegiance. Any teacher or students that

would refuse to recite the Pledge of Allegiance would face consequences with charges of

expulsion or delinquency. This case was taken to courts in which the court ruled in favor of both

the teachers and the students. The court found that forcing the students and teachers to recite the

pledge was unconstitutional as well as punishing them for not doing so. This case relates to

White’s case just like Russo v. Central District No. 1 case. In which White would not be taking

away from the student’s needs by not reciting the pledge because she and the students have the

right to not recite it.

A case that would support Ward’s decision is Stone v Graham. Which is this case the

teacher Stone filed against the superintendent, Graham due to his passing of a state law that

required teachers to have the 10 Commandments in their classroom. In which Stone argued that

he felt that this was an endorsement of religion. Stone won this case and the court ruled in his

favor. This would be seen as an endorsement of religion in which White was refusing to have

celebrations due to her being Jehovah’s Witness. This case would support Ward because White

was not allowing celebrations of any kind in her classroom.

Another case that would support Ward’s decision is Lemon v. Kurtzman in which Rhode

Island and Pennsylvania passed statutes that would provide funding to religious private schools.

Lemon, along with various other people felt that this was an issue because there is supposed to

be a separation of church and state. The court ruled in Lemon favor in which he won the case.

Due to this case the Lemon test was created to see if there was a violation in the Establishment

Clause. This would support Ward because he is able to state that White did not complete the first
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prong of the Lemon test because she would be neglecting her student’s religions not allowing

them to celebrate in class.

In this case, I side with Ward I believe it would be unfair for the students to not celebrate

certain holidays or occasions when the whole school is celebrating and participating in these

events. In which concludes that White does not have to recite the Pledge of Allegiance because

she has the right not to. Although her students should not pointed out and be left out because of

her religion. I do understand that White does not celebrate these holidays but she would just be

hosting the events for the students, there is no need for her to participate.
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Reference

Lemon v. Kurtzman 403 US 602 (1971)

Russo v. Central School District No. 1 469 F.2d 623 (1972)

Stone v. Graham 449 US 39 (1980)

West Virginia State Board of Education v. Barnette 319 US 624 (1943)