Running Head: ARTIFACT #6

Artifact #6: My Religion v. My Job

Olivia M. Norman

College of Southern Nevada

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Kindergarten teacher, Karen White, has discovered conflict between her new-found

religion and her duties for the school. As a Jehovahs Witness, she is not able to celebrate

holidays such as Christmas or birthdays. Additionally, it is against her religion to recite the

Pledge of Allegiance. At the request of parents, her principal, Bill Ward, has called for her

dismissal. The question lies in determining what constitutes her religious rights and freedoms,

versus her ability to fulfill the needs of her students.

In Engel v. Vitale (1962), it was argued whether a school could require a states prayer to

be recited at the beginning of each school day. The plaintiff argued that the fact that the prayer

may be denominationally neutral can [not] serve to free it from the limitations of the

Establishment Clause (Engel v. Vitale, 1962). It was determined that the school district could

not require the recitation of the prayer. Likewise, Ms. White cannot be required to participate in

something that goes against her religious beliefs.

In a more poignant case, West Virginia State Bd. of Educ. v. Barnette (1943), the

Supreme Court overturned a previous decision mandating the Pledge. They stated we think the

action of the local authorities in compelling the flag salute and pledge transcends constitutional

limitations on their power, and invades the sphere of intellect and spirit which it is the purpose of

the First Amendment to our Constitution to reserve from all official control (West Virginia v.

Barnette, 1943), meaning that state laws requiring the Pledge are unconstitutional under the

federal First Amendment. Accordingly, White would not be required to recite the Pledge as is

her constitutional right.

While the cases of Engel v. Viatale (1962) and West Virginia v. Barnette (1943)

demonstrate that White cannot be forced to recite the Pledge of Allegiance, they do not excuse

her from teaching the Pledge of Allegiance. According to the standards required by the state of
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Nevada, and published by the Department of Education, recognizing the Pledge of Allegiance is

standard C13.K.4:Recognize the Pledge of Allegiance (Nevada DOE, 2008). To effectively do

her job, White must still explain to her class the procedure for the Pledge and teach them the

words; this does not mean that she needs to recite/preform the Pledge for the morning assembly.

Along this same justification, White would not need to decorate for or facilitate the celebration

of holidays or birthdays, unless they are part of her states standards. This point is further proven

by the case Freshwater v. Mt. Vernon (2013), which is cited as a landmark case concerning the

freedom of religion for teachers. Freshwater is often looked at as a case regarding religion

because it started with Freshwater keeping a bible on his desk and the 10 Commandments on his

wall, when actually Freshwater was ultimately dismissed for insubordination which is defined

as a willful disobedience of, or refusal to obey, a reasonable and valid rule, regulation, or order

issued by a school board or by an administrative superior (Freshwater v. Mt. Vernon, (2013).

White may not be dismissed for her religious beliefs and practices or her refusal to recite the

Pledge, but she can be dismissed if she refuses to teach the standards set forth by her school and

district.

In a dispute between Dr. Wirsing, a professor, and the school where she taught, the courts

sided with the school board. Wirsing refused to give a required test to her students because it was

contrary to her teachings. In Wirsing v. Board (1990), the court stated that

Although Dr. Wirsing may have a constitutionally protected right under the First

Amendment to disagree with the University's policies, she has no right to

evidence her disagreement by failing to perform the duty imposed upon her as a

condition of employment.
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Similarly, Ms. White was hired to teach certain criteria and then later, when her circumstances

changed, refused to do so. Even if decorating for and planning celebrations for birthdays and

holidays is not in the state standards, she could be required to comply if they are part of the

schools list of activities that she was hired to facilitate.

For me, there are two separate issues in this case; the first being The Pledge of Allegiance

and the second being the holiday and birthday parties. As we saw in West Virginia v. Barnette

(1943), Ms. White would not be required to recite the Pledge. However, because it is part of the

state standards, Wirsing v. Board (1990), shows us that she would still be required to teach the

Pledge. If she taught a higher grade, it would be feasible for her to teach the Pledge without

reciting it, by having the students read it aloud. However, that method would most likely not be

possible in a room of kindergartners. If White was highly qualified for her job, and otherwise

was a high preforming employee of the school, it would be logical to move her to a higher grade

where it would be easier to accommodate her religious dilemma. The second issue is that of the

holiday and birthday celebrations. I have not yet been able to find any school district that covers

these as an academic standard in kindergarten; therefore, she would not be required to

participate or facilitate such activities. While kindergarten is largely based on making the

curriculum fun, she could do that without introducing holiday parties or birthday celebrations.

Overall, the school could easily justify her dismissal for insubordination, however, if they

viewed her as an asset to their school, they could also easily make accommodations by moving

her to another grade.

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References

Engel v. Vitale, 370 U.S. 421 (1962). Retrieved http://caselaw.findlaw.com/us-supreme-

court/370/421.html

Freshwater v. Mt. Vernon City School Dist. Bd. of Edn., 137 Ohio St.3d 469, 2013-Ohio-5000.

(2013). Retrieved from http://www.sconet.state.oh.us/rod/docs/pdf/0/2013/2013-ohio-

5000.pdf.

Nevada Department of Education. (2008). Social studies standards. Retrieved from

www.doe.nv.gov/Standards...Standards/Social_Studies/CompleteStandardsDec2008.

West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624. (1943). Retrieved from

https://supreme.justia.com/cases/federal/us/319/624/case.html

Wirsing v. Board of Regents of University of Colo., 739 F. Supp. 551. (1990). Retrieved from

http://law.justia.com/cases/federal/district-courts/FSupp /739/551/1610366/.