Running head: Artifact 6, Religion and Public Schools 1

Article #6

Religion and Public Schools

Bernarda Diaz Salgado

College of Southern Nevada

December 20th, 2019

Article 6, Religion and Public Schools 2

Artifact 6, Religion and Public Schools

In this case we take a look at Karen White, a kindergarten teacher who recently affiliated

herself with Jehovah’s Witnesses. Once Karen became affiliated, she told her parents and her

students that she could no longer participate in certain activities or projects because they were

religious. These certain activities/projects included not decorating the classroom for the holidays,

gift exchanges during the Christmas season, singing Happy Birthday or recite the Pledge of

Allegiance. Once parents became aware of this they objected and as a result Bill Ward, the

school principal recommended her dismissal based on the inefficiently meeting the needs of her

students. Throughout we will discuss cases and decide whether or not White’s dismissal was

justified and how a court would rule.

The first case that does not justify White’s dismissal is Wisconsin v. Yoder (1972). In this

case we discover Amish students completed the eighth grade and were getting pulled out of

school since that is based on their religion. The state tried to enforce an attendance law on them.

The U.S Supreme Court stated that the state could not interfere with the free exercise of religion

unless compelling interest is present. This case is connected to White v. Board of Education

because the Amish children could not attend school after the eight-grade due to their religion.

White and her religion does not permit her to take part in the activities/projects because it is

against her religion. There is also no compelling interest since it is not mandatory to place

decorations or do holiday activities in an educational environment. The teacher should have the

option to whether or not doing these activities regarding their religion or not.

The second case that does not justify White’s dismissal is West Virginia State Board of

Education v. Barnette (1943). This case discusses how the State Board of Education required
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students and teachers to salute to the flag. We learn that children coming from a Jehovah’s

Witnesses family failed to salute and were sent home, the students were threatened with reform

schools due to their actions. The Court ruled the Board’s actions as unconstitutional because

being a Jehovah Witness forbids honoring the flag. This compares with Karen White’s case; she

is a Jehovah Witness who will not salute to the flag and her dismissal was not justified because it

violated her free exercise of religion rights. It is unconstitutional because it her religion and she

should not be forced to recite the pledge of allegiance.

The first case that justifies White’s dismissal is Doe v. Duncanville Independent School

District (1995). This case looks closely at religious holidays and how the songs performed in the

school may seem religious. However, we learn that the songs have been around in the school for

years and they also proved that most songs had some aspect of religion. The school clearly did

not mean for the songs to come off as religious, the songs were religious in origin, but they were

performed due to the musical value and shows hostility toward religion. They did not force it

upon the student either. This case justifies White’s dismissal because she could still provide

these for the children, especially since they are just kindergarteners. “Additionally, programs

should not make a child feel excluded because of his or her religion.” (Underwood&Webb, 216).

Karen White could place some holiday decorations, technically she is not celebrating that

holiday, it will make the students included. During birthdays, White does not have to participate

in the singing. She can clearly recognize a birthday but if she wishes to not celebrate it then that

is okay.

The second case that justifies White’s dismissal is Florey v. Sioux Falls School District

(1980). Through this case we learn that the Court held that the study and performance of

religious songs are constitutional if their purpose is to advance the students' knowledge and
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appreciation of the role that our religious heritage has played in the social, cultural and historical

development of society. “Only holidays with both religious and secular bases may be observed;

music, art, literature and drama may be included in the curriculum only if presented in a prudent

and objective manner and only as a part of the cultural and religious heritage of the holiday; and

religious symbols may be used only as a teaching aid or resource and only if they are displayed

as a part of the cultural and religious heritage of the holiday and are temporary in nature.”(Florey

v. Sioux Falls School District, 1980). This justifies White’s dismissal because if the principal’s

defense is that the activities show advancement in students’ knowledge of today’s society than

Karen White should be involved in such activities to meet her students’ needs. This will let her

do activities without them being too against her religion because the learning is religious in

nature.

Throughout reading the cases on whether or not they justify White’s dismissal. The

conclusion leads to Karen White’s dismissal not being justified. Clearly it violates her free

exercise of religion. Her not participating in the activities stated do not harm the students and it

does not harm their learning process in any way. “Schools routinely grant requests to be excused

from participating in holiday programs.” (Underwood&Webb, 217). Wisconsin v. Yoder (1972)

supports White because of her free exercise of religion right, the Court will rule in favor of

White because the recommendation was done because of the activities she cannot participate in

due to her religion. In the West Virginia State Board of Education v. Barnette (1943) case they

discuss the Jehovah Witnesses students who do not participate in the salute due to their religion

and not being able to salute to the flag. Their threat to send them to reform schools was

unconstitutional just like in White’s case and the recommendation for the dismissal which seems

like a threat of her job being taken away.

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Karen White does not seem to be sponsoring her religion practices, she is just choosing

not to participate. Her not participating in these celebrations will not hinder the children in any

negative way. As stated before, teachers should have the option to choose whether or not to

participate in certain activities regardless of religion. Personally, I feel like it is okay that she

does not participate but she should not stop the children from doing certain activities that may

advance their knowledge. If the students decide to sing a happy birthday song to one of their

classmates, I feel like that should be allowed, I feel as she should recognize the birthday but not

celebrate it since it is against her religion. In the end, the court would side with White’s due to

the cases researched.

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References

DOE V DUNCANVILLE INDEPENDENT SCHOOL DISTRICT (1995) NO. 94-10416.

Retrieved on December 20, 2019.
https://caselaw.findlaw.com/us-5th-circuit/1463600.html

FLOREY V. SIOUX FALLS SCHOOL DISTRICT (1980) NO. 79-1277. Retrieved on

December 20, 2019.
https://www.belcherfoundation.org/florey_v_sioux_falls_school_district.htm

Underwood, J., & Webb, L. (2006). Teachers’ Rights. In School Law for Teachers. Upper
Saddle River: Pearson Edition.

WISCONSIN V. YODER (1972). Retrieved on December 20, 2019.

https://www.khanacademy.org/humanities/ap-us-government-and-politics/civil-
liberties-and-civil-rights/first-amendment-religion/a/wisconsin-v-yoder

WEST VIRGINIA STATE BOARD OF EDUCATION V. BARNETTE (1943).

Retrieved on December 20, 2019.
https://www.oyez.org/cases/1940-1955/319us624