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Portfolio #6

Portfolio #6

White v Board of Education

Cody Koslowski

College of Southern Nevada

May 4th, 2019

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Karen White is a kindergarten teacher and she recently became affiliated with the

Jehovah’s Witnesses. She informed her parents and students that she could no longer lead certain

activities or participate in certain projects because they were religious in nature. She could no

longer decorate the classroom for holidays or do any gift exchanges for Christmas and she could

say happy birthday or recite the pledge of allegiance. This caused the parents to protest and Bill

Ward, the school principal, recommended Ms. White she should be dismissed because of her

ineffectively meeting the needs of her students.

My first case in support of Ms. White is Wisconsin v Yoder (1972). In this case the court

concluded that enforcing a state compulsory attendance law against Amish children after they

had completed the eighth grade, infringed on their free exercise of religion rights. In this case the

Amish children have the Free Exercise Clause of the First Amendment which guarantees an

individual the right to worship as they choose. The U.S. Supreme Court concluded that this

infringed on their free exercise of religious rights. In the case of Ms. White, she has the right to

worship her religion as she likes, and the school can’t take away her right to free exercise of

religion and they can force her to do activities that go against her Jehovah’s Witnesses religion.

So, Ms. White should not be dismissed because of the Free Exercise Clause of the First

Amendment and Principal Ward is in the wrong for trying to infringe her of expressing her

religious views.

My second case in support of Ms. White is West Virginia State Board of Education v

Barnette (1943). In this case the Board adopted a resolution requiring students and teachers to

salute the flag and recite the Pledge of Allegiance in school. A student’s failure to do so was seen

as insubordination and resulted in suspension. The Court ruled the West Virginia State School

Board’s actions as unconstitutional because as a Jehovah Witness, the student is forbidden from
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honoring the flag. As a Jehovah Witness there are certain things that go against the religion and

the Pledge of Allegiance is one of them so in this case the court sided with the student because

the student has the right to their freedom of religion and its unconstitutional to take that right

away. In the case of Ms. White, as a Jehovah Witness, she has the right to express her religion

and, in her religion, not standing and participating in the Pledge of Allegiance is something they

do. She should not be dismissed because she is using her freedom of religion clause and can’t be

disciplined for it.

My first case in support or Mr. Ward dismissing Ms. White is Clever v Cherry Hill

Township Board of Education (1993). In this case the Court upheld that it is permissible for

public schools to display religious holiday symbols in school calendars as long as it is absent of

denominational preference. Mr. Ward said Ms. White’s dismissal was based on the fact that she

was ineffectively meeting the needs of her students because she wasn’t celebrating and

participating in the holiday or certain other activities. Ms. White can’t get rid of all of it because

Mr. Ward wants her to effectively meet the needs of her students and the teacher can’t take away

the student’s rights to participate in certain activities that her religion doesn’t allow. But the

school has to teach these activities because they are absent of denominational preference. So Ms.

White must do certain activities so she can meet the needs of her students because if she can’t

then Principal Ward can dismiss her.

My second case in support of Mr. Ward dismissing Ms. White is Florey v Sioux Falls

School District (1979). In this case there was an atheist who thought it was wrong for the schools

to have holiday programs that sing religious Christmas songs. The Court concluded that the

programs and study of the religious songs were constitutional because it was teaching

students about cultural and religious heritage. In the principal’s defense, as long as the activities
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show a purpose of the advancement of the student’s knowledge of cultural and religious heritage,

then Ms. White should be able to involve herself in such activities so that the students’ needs are

met in an educational manner. This will allow her to not completely forgo activities and projects

because they are religious in nature. Ms. White only has to do these activities if they are for the

needs of her students but if they are not then she does not have to participate in them.

Ms. White should not be dismissed because she is exercising her freedom of religion but

there also must be some wiggle room on her side of things because if there is an activity that

meets the needs of the student she must do them. There should be a meeting between her and the

Principal that way they can discuss what Ms. White will and will not participate depending on

the needs of the student and depending on what goes against her religion. She should not be

dismissed though because she has the Free Exercise Clause of the First Amendment which

guarantees an individual the right to worship as she chooses. Ms. White is well within that clause

and Principal Ward cannot dismiss her, but they can find a way so that she still meets the needs

of her students and she observes her religion and expresses it.
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References

Clever v. Cherry Hill Township Board of Education (1993). (n.d.).

http://www.belcherfoundation.org/clever_v_cherry_hill.htm

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

https://law.justia.com/cases/federal/district- courts/FSupp/464/911/1520042/

West Virginia State Board of Education v. Barnette. (n.d.).

https://www.law.cornell.edu/supremecourt/text/319/624

Wisconsin v. Yoder, 406 U.S. 205 (1972). (n.d.).

https://supreme.justia.com/cases/federal/us/406/205/case.html