Running head: Portfolio Artifact #6 Brown 1

Taylor Brown
May 10, 2019
EDU 210
Portfolio Artifact #6
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When a kindergarten teacher named Karen White, acquired a new affiliation with the

Jehovah’s witnesses, she explained to her students and their parents that the classroom

environment would be changing due to her religious beliefs. She explained that she couldn’t

decorate the classroom for holidays or celebrate with gift exchanges during Christmas time. She

would no longer participate in “Happy Birthday” songs or in the reciting of the Pledge of

Allegiance. When she finished informing her student’s parents of this, they protested. Following

the protest, Principal Bill Ward recommended she be dismissed from her position as a

kindergarten teacher, because she won’t be able to effectively meet the needs of her students.

The first case I will be presenting in favor of Principal Bill Ward’s decision to dismiss

kindergarten teacher, Karen White, for her inability to effectively meet the needs of her students

is, Freshwater VS. Mount Vernon City School District Board of Education (2013). In this case,

an eighth-grade science teacher named John Freshwater insisted on sharing his religious beliefs

with his students. He kept a bible on his desk and a copy of the Ten Commandments on the

classroom bulletin board, resulting in student complaints. After school administrators warned

Freshwater multiple times to stop teaching his religious views and remove all religious displays

without action, a formal hearing took place where it was recommended that Freshwater’s

employment be terminated. After the termination was affirmed by two lower courts, Freshwater

pleaded that his free speech rights had been violated. The Ohio Supreme Court then agreed to

hear Freshwater’s argument where the decision of the firing was upheld. This case sufficiently

backs up Principal Bill Ward’s decision to dismiss teacher, Karen White, based on the grounds

that her religious beliefs will hinder students needs.

The second case I will be presenting in favor of Principal Bill Ward’s decision to

recommend dismissal of kindergarten teacher, Karen White is, Silver VS. Cheektowaga Central
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School District (2016). In this case, science teacher Joelle Silver was addressed via letter from

School District officials, signed by the superintendent stating that she must rid her classroom of

all religious natured items, including her speech and actions. Following this request, American

Freedom Law Center (AFLC) filed a federal civil rights lawsuit on behalf of Silver. In this

lawsuit, AFLC challenged the School District’s actions against Silver and stated that her

fundamental constitutional rights had been oppressed. A petition was filed asking the Supreme

Court to review this case. Following the petition, the U.S. Supreme Court denied review of the

case stating that they upheld the three decisions the District Courts affirmed. This case

sufficiently backs up Principal Bill Ward’s decision to dismiss kindergarten teacher, Karen

White, based on her religious affiliations in the classroom that could hinder the needs of the

students.

The first case I will be presenting against Principal Bill Ward’s decision to dismiss

kindergarten teacher Karen White is, Wigg VS. Sioux Falls School District (2003). In this case, a

third-grade teacher named Barbara Wigg wanted to participate in a religious club that meets after

school called ‘The Good News Club.’ The request for Wigg to participate in the after-school club

was denied, even after she provided a letter to the district with a detailed disclaimer and required

the parents of the attending students sign the permission slip prior to students being able to join.

The school principal’s reasoning behind the denial was because it would “give the perception of

endorsement of religion.” (Underwood, pg. 215) After Wigg sent multiple requests via letter to

the Sioux Falls School District to allow her to participate in the club meetings, resulting in denial

each time, Wigg instituted action against the school district. The court sided with Wigg and

stated that because the club meeting was taking place during after-school hours when Wigg was

participating as a private individual VS. as a teacher, it was within her right to do so. This case
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affirms that kindergarten teacher, Karen White, has the right to participate in the religion of her

choosing, if she is not endorsing said religion in the classroom or on school grounds.

The second case I will be presenting against Principal Ward’s decision to dismiss Karen

White from her teaching position is, Torcaso VS. Watkins (1961). In this case Torcaso was

appointed by the Governor of Maryland to the office of Notary Public. When he denied the

request required by him to declare his faith in God, he filed suit under the First and Fourteenth

Amendments stating that his rights were violated. In court, Mr. Justice Black delivered the

opinion that the Maryland test for public office goes against Torcaso’s basic human rights

because it unconstitutionally invades his freedom of religion and belief. This case affirms that

Principal Ward’s decision to dismiss kindergarten teacher, Karen White, on grounds regarding

her religion go against her First and Fourteenth Amendment rights.

In conclusion, my decision is in favor of kindergarten teacher Karen White on the

stipulation that her class maintains its normality to the best of her ability. If White cannot

participate in certain activities such as, Happy Birthday songs or The Pledge of Allegiance, this

done not mean her students cannot participate in said activities. As far as decorating the

classroom goes, that is up to the teacher to decide anyway. If Karen White does not choose to

decorate her classroom for the holidays or plan for gift exchanges, the students can still bring

gifts for each-other outside of the classroom. In my opinion, there is not a justifiable basis for

Karen’s dismissal. My decision is in favor of, Wigg VS. Sioux Falls School District and Torcaso

VS. Watkins (1961).

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References:

FindLaw's United States Supreme Court case and opinions. (2016) (n.d.). Retrieved from

https://caselaw.findlaw.com/us-supreme-court/367/488.html

Freshwater v. Mount Vernon City School District Board of Education (2013). (n.d.).

Retrieved from https://www.au.org/our-work/legal/lawsuits/freshwater-v-mount-vernon-city-

school-district-board-of-education

Wigg v. SIOUX FALLS SCHOOL DIST. 49-5, 259 F. Supp. 2d 967 (D.S.D. 2003).

(n.d.). Retrieved from https://law.justia.com/cases/federal/district-

courts/FSupp2/259/967/2362414/

Wolfe, C. O. (1961) (n.d.). Browse cases. Retrieved from

https://casetext.com/case/silver-v-cheektowaga-cent-sch-dist
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