PORTFOLIO ARTIFACT #6 1

Portfolio Artifact #6

Pier A. Shoates

EDU 210
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In this scenario, Ms. White, a kindergarten teacher became a Jehovah Witness and announced

to her students’ parents that she would no longer be celebrating the holidays in her classroom with the

students or allowing them to do so because of her new-found religion. This included reciting the Pledge

of Allegiance. Many of the parents and the school principal, Mr. Ward, were very upset by this and Mr.

Ward suggested that she be fired on the premise that she was no longer meeting the needs of her

students.

One court case that supports Ms. White is Elk Grove Unified School District v. Newdow (2004). In

this court case Newdow filed suit against the school district for requiring students to recite the pledge of

Allegiance which included the words “under God” finding it unconstitutional and an endorsement of

Religion. Newdow is an atheist. The court ruled that it did not violate the establishment clause but that

the students did have the right to refuse to recite it without fear of retaliation or punishment. It applies

to this case for the same reason, White has the right not to recite the pledge without fear of retaliation.

Another court case that supports White is West Virginia State Board of Education v. Barnette

(1943). In this case, Jehovah Witness students were expelled from school for not reciting the Pledge of

Allegiance. The court found that their first and fourteenth amendment rights were violated. The law

infringed upon their Religious beliefs by requiring them to recite these secular verses.

One court case that supports Mr. Ward is Stone v. Graham (1980) because the state of Kentucky

passed a law stating that the ten commandments be posted in every classroom. A teacher refused to

post the ten commandments in his classrooms stating it was an endorsement of Religion. This case

applies to the scenario because Mr., White could argue that Ms. White’s refusal to recite the Pledge of

Allegiance with her students is an endorsement of her Religion.

Another case that supports Mr. Ward is the Lemon v. Kurtz. This case arose when Pennsylvania

and Rhode Island passed laws to pay private religious schools. Because of issues with separation of
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church and state Lemon filed suit. Lemon won because the court found that the Establishment cause

was violated. A three-prong test was developed to determine a violation. This case applies to the

scenario because Ms. White did not pass the 2nd prong, does its primary effect neither advance nor

inhibit religion? It inhibited her own religion by not allowing the children to celebrate the holidays.

My opinion of the scenario is that White should be discharged from her duties as kindergarten

teacher. She is denying the children the right to celebrate the holidays based on her own Religious

believes. My opinion is backed by the court case Stone v. Graham (1980) because it is a case where

religion was endorsed and forced upon others which is unconstitutional.

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Reference Page

Stone v. Graham No. 80-321 (1980)

Lemon v. Kurtzman No. 89 (1971)

West Virginia State Board of Education v. Barnette No. 591 (1943)

Elk Grove Unified School District v. Newdow 05-17257 (2004)