Portfolio #6 Freedom of Religion 1

Portfolio #6

Freedom of Religion

Sarah Ashworth

College of Southern Nevada

November 30, 2016

Portfolio #6 Freedom of Religion 2

A kindergarten teacher Karen White recently adopted new religious beliefs and informed

the parents and students of the changes. She would no longer be able to participate in any holiday

celebrations or decorating and would not be able to celebrate birthdays (hers or students) and

could no longer recite the pledge. These changes angered some parents and in turn they

complained to the principal, Bill Ward, to ask for her termination. They felt that the removal of

such practices would not allow their students to learn and participate as effectively as they felt

their children needed. Based off of past cases pertaining to similar subjects, it can be devised

what the court may rule in the justifiable or wrongful termination of Karen White.

The first case is Wigg v. Sioux Falls School District (2004) that is presented in favor of

Karen’s dismissal. Barbara Wigg, a second and third grade teacher, had been teaching for 20 plus

years in her school district. An after school religious organization began hosting a club for the

students on school campus. The students in attendance had permission slips signed by their

parents to allow them to be there. Wigg had attended the first meeting of this group. It was

brought to concern that her leading this group and expressing the faiths would be assumed as

establishment of religion on school grounds. She subsequently filed a complaint stating that not

allowing her to hold or attend the meetings was against her religious rights. The main concern of

the court was Barbara expressing or showing any opinion or views of religion around other staff

members or students. While, in the end, she won her case as the club was ultimately viewed as a

safe closed off environment for her to be able to attend, it is clear that any release of her religious

views on school campus out of the club would be apprehended immediately. In Karen White’s

case, her views and practices are being up front and widely discussed as to why she cannot and

will not participate in any celebrations of holidays or birthdays. Since these views are not in

private or a regulated setting, it can adversely impact her students and staff members as they
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inevitably must either conduct these celebrations for her or the whole class must obtain with her.

In that matter, termination would be justified as the students would not be getting the same

treatment as other classrooms and other teachers or aides would have to conduct these lessons on

their own.

The second case backing the termination of White is Palmer v. Board Of Education of the

City of Chicago (1979). In this instance J. Palmer is in question to be dismissed from her position

as a non-tenured kindergarten teacher. The dismissal was announced when Palmer expressed

that she refuses to partake and instruct her students in the Pledge of Allegiance, patriotic songs,

and national holidays per her Jehovah Witness religious views. While the teacher proposed

having student aides, parents, or other staff hold these parts of the class for her, the district found

that these alternate motions would be very hard to address and account for. Parents expressed

concern in this and told the school that they would most likely not enroll their children at that

school because of the situation. Palmer openly refused and rebutted as to why she could not

teach or partake in these things and the school could not find another position for her where this

would not continue to be an issue. She was terminated not for her religious beliefs but for her

refusals and lack of support of the Constitution and her oaths to do her best as a teacher for the

students being broken. For White, this situation is extremely similar as she refuses to do and

follow the same activities. Some of said activities are part of school curriculum and therefore the

refusal to do so make her an ineffective teacher. Therefore, the termination is justified as it is not

a matter of religion but the lack of educational material for the students.

The first case that denies the justification of Karen’s termination is Bein v, Warrensburg

Central School District (1976). Claudia Bien, another kindergarten teacher, had announced that

she had converted to Jehovah’s Witnesses. Due to this change she, just like Karen White, would
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no longer be able to participate or teach any holidays or political matters. However, she noted

that others can carry out those means for her if necessary. The parents of her students were quite

enraged and demanded for some sort of dismissal or removal from that class. Bein rebutted by

stating that the students curriculum would suffer in no way. Concerns arose that in the refusal of

these curriculum items, she was ultimately preaching the practice of her religion to her students.

The board then decided to observe her glass for several months to determine if her practices

would affect the students. Bien agreed and came to the conclusion that if she would at least teach

the Pledge of Allegiance and allowed others to do the holiday participating that she could not be

terminated as it would be a violation to her constitutional rights. As for Karen White, she should

be given the same opportunity as there is no way to determine that her personal practice would

completely omit these activities from her class. The only grounds for termination would be the

absolute refusal to teach any part of politics or holidays. Her only specifications were to not

participate in celebrations or the actual act of the Pledge of Allegiance. Therefore, if she were

terminated it would be a violation of her religious rights, as it should not affect her students in

any way.

Finally, West Virginia State Board of Education v. Barnette (1943) is another case that

aids in showing how the termination would be wrongful. In this instance Barnette was fighting

for the rights of the students to refuse to participate in the Pledge of Allegiance and other

activities that may be against their religion or personal beliefs. During this time, refusing to

participate was viewed as unlawful and inhibiting the instruction of national unity. One of the

largest groups to come forward in protest was the Jehovah’s Witnesses since conforming in any

way was absolutely against their religious beliefs. Children following this religion have been

expelled and some families even stricken with fines for the refusals. While the Pledge and other
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participation is typically necessary, a student can now have their parent sign a waiver excluding

them from participating in certain parts of the curriculum. While teachers are in a different

position than students, teachers should still be able to follow their faith and not be reprimanded

for following their religious guidelines. As long as the student’s overall knowledge and

education is not inhibited there is no reason why there cannot be another individual to allow the

students to participate in the activities that Karen White could not.

While some evidence and strong cases show how the termination of Karen White is

unjustifiable, I believe the court would rule in favor of Bill Ward and his decision to dismiss her.

We do not know if White has refused to at least teach the Pledge of Allegiance and history on

other holidays however, based on her beliefs it is highly possible she could refuse to do so.

Similarly, White is Palmer v. Board Of Education of the City of Chicago (1979) the teacher of

the same faith as Karen refused to do so and was terminated not for her beliefs but because the

students ultimately suffer. Without these curriculum requirements being met not only are they

not learning everything intended but they would be receiving different education that students

from the same grade level in the same school. Another reason Karen’s refusals could be grounds

for termination is because the open discussion as to why she does not participate leads to her

religious views being portrayed and somewhat resulting in her students following her beliefs

when she refuses to teach such subjects. Such as the case of Wigg v. Sioux Falls School District

(2004) in which Wigg practicing or speaking of her religion on campus around other students

relates to the concern that it would convey their religious agendas to other students. While

Wigg’s instance was in a safe room to do so, White’s beliefs are being displayed to her students

daily especially with refusals to celebrate birthdays as there could be one every month or more.
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In conclusion, Karen White can be rightfully terminated by Bill Ward as the curriculum suffers

and her religion is publicly being portrayed to the students and the parents alike.
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References

Bein v. Warrensburg Central School District (1976) (n.d) Retrieved November 29, 2016

http://jwemployees.bravehost.com/NewsReports/2001.html

Palmer v. Board Of Education of the City of Chicago (1979) (n.d)

Retrieved November 29, 2016

http://www.leagle.com/decision/19791066466FSupp600_1966.xml/PALMER%20v.%20BOAR
D%20OF%20ED.%20OF%20CITY%20OF%20CHICAGO#

Underwood, J., & Webb, L. D. (2006). School law for teachers: Concepts and applications.
Upper Saddle River, NJ: Pearson/Merrill Prentice Hall

West Virginia State Board of Education v. Barnette (1943) (n.d)

Retreived November 29, 2016

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

Wigg v. Sioux Falls School District (2004) (n.d) Retreived November 29, 2016

http://caselaw.findlaw.com/us-8th-circuit/1033214.html