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Jasmin Senn

Dr. Warby

EDU 210 –1002

11 March 2019
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Religious Rights in Public Schools

Scenario:
A kindergarten teacher, Karen White, was dismissed from her position after informing

officials that she could no longer participate in religious activities. These activities included

decorating the classroom for holidays, gift exchanging on Christmas, and anything that involved

the celebration of holidays. She also stated that she could not recite the Pledge of Allegiance or

sing Happy Birthday. The reasoning for this was due to her recent connection and profound

interest in the beliefs of the Jehovah’s Witnesses. Parents protested and the school principle Bill

Ward recommended dismissal of White, stating that she ineffectively meets her student’s needs.

School Supporting Argument I of II:

In support of the school, there is a justifiable basis for Karen White’s dismissal. In the

court case Minersville School District v. Gobitis, the court was left to decide whether or not a

law in Pennsylvania that required students to salute the flag violated the First and Fourteenth

Amendment. In favor of the school, the court ruled 8-1 stating that the government has the right

to require respect for the flag because it symbolizes unity and preservation of national security

(Bill of Rights Institute, 2019). Much like the situation happening with Karen White, respect

towards this country’s flag can be enforced in a way that does not violate constitutional rights.

Although White may follow the beliefs of the Jehovah’s Witnesses, respecting the foundation of

this country and all that it stands for is part of being an American citizen.

School Supporting Argument II of II:

Furthermore, religion has entwined its way through American history for hundreds of

years. In the court case Marsh v. Chambers, the court considered whether the Nebraska

legislature had violated the First Amendment by opening each session with a prayer. The court
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had ruled in a 6-3 decision that this practice does not violate the Establishment Clause.

According to Chief Justice Warren Burger, “In light of the unambiguous and unbroken history of

more than 200 years, there can be no doubt that the practice of opening legislative sessions with

prayer has become part of the fabric of our society” (Bill of Rights Institute, 2019). The school

encouraged White to respect the flag and what this country stands for. White’s dismissal was due

to the lack of ineffectively relating to her students as well as her failure to set a positive example

of pride to her students.

Karen White Supporting Argument I of II:

In support of Karen White, there is no justifiable basis for her dismissal due to the

promises listed in our constitution. In the court case West Virginia State Board of Education v.

Barnette, the court faced a similar scenario to Minersville School District v. Gobitis. Children in

a family of Jehovah's Witnesses refused to salute the flag and were sent home for not only

noncompliance, but also what the school deemed to be juvenile behavior. In a 6-3 decision, the

court overruled the decision of Minersville School District v. Gobitis, stating that compelling

students to salute the flag was unconstitutional (Oyez, 2019). Much like the ruling of this case,

White has a right to refrain from participating in any religious activities; the flag should not

receive any deference.

Karen White Supporting Argument II of II:

Karen White’s First Amendment rights regarding the Establishment Clause were violated

upon her dismissal. In the court case Torcaso v. Watkins, the court was left to decide whether or

not the state of Maryland violated the First Amendment by requiring candidates for public office

to declare a belief in God in order to be eligible for the position. The court had ruled against
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Maryland stating that it did violate the Establishment Clause, making the position unfair to those

who did not openly state their religious beliefs (Oyez, 2019). The fact that the school dismissed

White for not participating in religious activities makes these two scenarios similar. White

should not have been dismissed from her teaching position simply because she did not share the

same religious beliefs that the school was compelling on its students. Her dismissal only proves

that the school favors and prefers teachers who share the same religious beliefs.

Informed Opinion:

After thoroughly examining both sides of the argument, I strongly believe that the court

will rule in favor of Karen White. Although saluting the flag symbolizes unity and respect for

this country, the court case West Virginia State Board of Education v. Barnette overruled that

forcing anyone to salute the flag violates the rights listed under the First and Fourteenth

Amendment. White does not have to participate in any religious activities, and should not be

dismissed for her own beliefs. A key point in the matter is that saluting this country’s flag is no

different, therefore White has every right to refuse participation. In addition, religion does not

have to be taught in public schools to get an educational message across. I believe that there are

several ways in which the school could have worked around White’s beliefs without dismissal.
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Reference Page

Bill of Rights Institute. (2019). Religious Liberty: Landmark Supreme Court Cases. Retrieved

from billofrightsinstitute.org/cases/.

Oyez. (2019). West Virginia State Board of Education v. Barnette. Retrieved from

www.oyez.org/cases/1940-1955/319us624.

Oyez. (2019). Torcaso v. Watkins. Retrieved from www.oyez.org/cases/1960/373.