Running Header: Religion and Public Schools

Artifact 6
Religion and Public Schools
Karen White v. School District
Jessica Bojorquez
Education 210
Ms. Harington
May 15, 2015

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Karen White v. School District
Introduction

Karen White is a kindergarten teacher in a predominately Christian area. Karen had

recently adopted the Jehovah's Witness faith. Jehovah's Witnesses do not celebrate religious
holidays such as Easter and Christmas. They also do not celebrate birthdays, nationalistic
holidays, or any other holiday or celebration that may be considered to honor someone other than
Jesus. Due to Karen's newfound faith, she could no longer decorate for these holidays. This
would also mean that Karen and her class would not be participating in certain activities that the
school offers if they conflicted with her new beliefs. Karen would also no longer be reciting the
Pledge of Allegiance in her class. When she informed her students and her parents of the changes
in her classroom, the news was not very well received. Parents of some of the students reached
out to the principal of the school, Bill Ward. Mr. Ward then decided to recommend that Ms.
White be dismissed. He stated that she was no longer able to affectively meet the needs of her
students. Upon her dismissal, Karen White decided to file suit against the school district.
Constitutional Law
Being a citizen of the United States, Ms. White has a right to practice any religion that
she chooses. The First Amendment of the United Stated Constitution states: Congress shall
make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of people peaceably to assemble,
and to petition the Government for a redress of grievances. Based on this Amendment, the
school can not force Ms. White to celebrate any holiday if it goes against her religious beliefs.
Ms. White is also entitled to due process of law if she is to be dismissed. The Fourteenth

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Amendment of the United Stated Constitution states: All persons naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the United States and of the State
wherein they reside. No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any person of life, liberty,
or property , without due process of law; nor deny any person within it's jurisdiction the equal
protection of the laws. Based upon Ms. White's previous history with the school, Principal
Ward would have to prove a history of unfit job performance in order to justify her dismissal. He
would also have to prove that the school acted in the proper disciplinary action when the
infractions occurred. There is also Nevada State Law that prohibits sectarian instruction. Section
Nine of the Nevada Constitution states: Sectarian instruction prohibited in common schools and
university. No sectarian instruction shall be imparted or tolerated in any school or university that
may be established under this Constitution. Although Ms. White is not necessarily instructing
her students to believe as she believes, she is barring them from practicing what they may
believe.
Supporting Cases
Ms. White deciding not to participate in various holidays and activities also ensures that
her students will not be participating. In a sense, you could argue that Ms. White is forcing her
newfound Jehovah's Witness religion on her students. This was also the case in Abington School
District v. Schempp. Once upon a time in Pennsylvania public schools, students were required to
read from the Bible everyday. In fact, they were required to read 10 versus from the Bible. Once
the students were finished reading the ten versus from the Bible, they were required to recite the
Lord's Prayer. The school stated that students could be excluded from these exercises with a

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written note from their parents. The courts ruled in favor of Schempp. They stated that the school
district had violated students's First and Fourteenth Amendment rights. The courts also found
that the school had intended for the ceremonies to be religious in nature and did violated the
Establishment Clause. Students can not be forced into believing as their school district or teacher
does. Principal Ward is clearly informed of sectarian separations in school and, by asking for Ms.
White's dismissal, trying to avoid any negative impacts that it may have on students.
Joethelia Palmer was also a Jehovah's Witness school teacher. Similarly, she did not want
to participate in certain patriotic aspects of the school's curriculum. She felt as though the
teaching of patriotism was a form of idolatry and the Jehovah's Witness faith does not condone
such actions. She stated that she would not be able to teach any subjects having to do with love
of country, the flag, or any other patriotic matters in the prescribed curriculum. The school then
decided to hire aids and other staff to instruct when Ms. Palmer felt as though the curriculum
interfered with her beliefs. After the course of a year, the school decided that the
accommodations being made for Ms. Palmer were too expensive and could not be reasonably
accomplished. Ms. Palmer was then dismissed from her job as a kindergarten teacher. Ms.
Palmer then decided to file suit. In the case of Palmer v Board of Education, the courts ruled in
favor of the school district. The courts stated that Ms. Palmer had every right to observe her own
religious convictions. However, she did not have the right to enforce those convictions upon her
students. Although it is Ms. White's First Amendment right to follow any religion that she
chooses, that can not interfere with other people's right to do so. By removing certain practices
from her curriculum, she is making it so her students will be missing out on meaningful and
important information. Information that some parents may argue is too important for their

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children to miss.
Opposing Cases
In the case of Florey v. Sioux Falls School District a school had been rehearsing and
putting on plays about the Christmas Holiday. In the play, teachers asked students a series of
questions. Most of which had a religious answer. Answers that were only relative to Christian
and Catholic faiths. A parent in the audience of one of the plays was offended by the schools use
of religion in a public school, and furthermore, in a public school performance. The Eighth
Circuit of Appeals ruled that the parent was correct in his feelings. They ruled that a Christmas
play being performed at school violated the federal separation of church and state. While schools
do not overtly outlaw all religion in schools, they are not permitted to advance one certain
religion. Ms. White is not trying to teach her students Jehovah's Witness practices or beliefs. She
is simply not instructing topics that she does not believe in. Thus, exercising her right to
expression.
There is also the case of West Virginia State Board of Education v Barnette. In this case,
the West Virginia Board of Education required that all students must stand and salute the flag
during the Pledge of Allegiance. Any student or teacher found not doing so would be found
insubordinate and was punishable up to expulsion and charges of delinquency. The school
district was forcing its teachers and students to believe what they believed. The Supreme Court
ruled that the West Virginia State Board of Education forcing its students and teachers into the
pledge of allegiance was unconstitutional. Principal Ward has can not force Ms. White into
observing the Pledge of Allegiance in her classroom. Nor can he make her teach things that are
fundamentally against her beliefs. Ms. White, however, can not stop her students from observing

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it if they want to.

Conclusion
The wall of separation that exists between church and state is a necessary one. The
principals on which this country was founded have made that so. In being a citizen, you are
allowed the freedom to be and worship as you please. However, once these choices overflow into
our schools, they run the risk of influencing our students. I believe that our students would be
best served in a school that does not recognize any religious attributes. However, with the
abundance of religion in schools today, this is not as easily achieved as one might think.
Therefore, we must find a way to have all religions and non-religions exist peacefully in our
schools.

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References

Cambron-McCabe, N. H., McCarthy, M. M., & Eckes, S. E. (2014). Legal rights of

teachers and students. Upper Saddle River, NJ: Pearson.
Florey (n.d.) Florey v. Sioux Falls School District Retrieved from
http://atheism.about.com/library/decisions/holydays/bldec_FloreySiouxFalls.htm
Oyez (2015). Abington School District v. Schempp Retrieved from
http://.www.oyez.org/cases/1960-1969/1962/1962_142
Oyez (2015). West Virginia State Board of Education v. Barnette Retrieved from
http://www.oyez.org/cases/1940-1949/1942/1942_591
Palmer (n.d.) Palmer v Board of Education Retrieved from
https://shannon3457.wordpress.com/palmer-case-findings/