Running head: Church and State 1

Separation of Church and State

Arleesia Herrera

College of Southern Nevada

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Separation of Church and State

Karen White, a kindergarten teacher, had recently joined the Jehovah’s Witnesses. In

accordance with her religion she could no longer participate in certain activities and projects. She

could no longer celebrate birthdays, decorate the classroom for holidays, participate in gift

exchanges or recite the Pledge of Allegiance. She had informed the parents and students of her

religious obligations. The parents went to the school principal, Bill Ward to protest Karen

Whites’ decisions to opt out of certain activities. Principal Bill Ward in turn recommended her

termination on the basis that she was not meeting the needs of her students.

Church

The 1964 Civil Rights Act bans employers from discriminating against employees on

religious grounds. Kristine and Gerardo Rosales, husband and wife elementary school teachers,

did not have their contracts renewed because they would not attend a mandatory Christmas

assembly held at Orange River Elementary in Fort Myers, Florida ("Rosales et al v. The School

District of Lee County, Florida", 2012). Because they were Jehovah’s Witnesses, their religion

barred them from participating. After reviewing the case, ACLU spokesperson Richard Bilbao

stated, "Public schools should not be holding religious events, much less compulsory ones, much

less ones in which faculty are forced to attend" (Bhasin, 2012). Karen White should not be

required to participate in anything that goes against her religious beliefs.

In another case, Hashem v. Hunterdon County (2016), a Muslim teacher was fired for

showing a video clip of Malala Yousafzai, a clip that was recommended to her by one of her

white collogues who had been using it in her class. Hashem argued that since this other teacher

used the same clip, she should be able to use it in her class too. The principal stated that she

could not teach the same things as a non-Muslim teacher ("Hashem v. Hunterdon County ",
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2016). It was made clear that because of her religion, she was an ineffectual teacher. While

Hashem’s case was dismissed, she was given a second opportunity to present the discrimination

piece of her case, proving it has merit. For Karen White this means that religion is not a factor

that decides how effective you are as a teacher and her affiliation with the Jehovah’s Witness

church does not impede on her ability to teach.

State

In support of Principal Bill Ward’s recommendation for termination is the case of

Freshwater v. Mt. Vernon City School District Board of Education (2013). John Freshwater, a

middle school science teacher, interjected his Christian views into his teaching and kept religious

items in his classroom such as “the Ten Commandments hanging on the wall, stickers with

scripture on them, extra Bibles he kept in the back of the classroom, and the Bible that he kept on

his desk” (Lebo, 2010)). After refusing to remove the items from his classroom he was

terminated. The court found that his firing was justified and the items in his classroom were not

part of his exercise of his religion ("Freshwater v. Mt. Vernon City School District Board of

Education ", 2013). Participating in activities with her students does not prevent Ms. Karen

White from exercising her religion, it prevents her students from exercising their rights.

In a case very similar to Ms. Karen White’s, Palmer v. Board of Education in the City of

Chicago (1979), Joethelia Palmer also removed holidays, nationalism and birthdays from her

curriculum. In order to accommodate her beliefs, the school had a team teacher or sometimes a

parent volunteer to come in and teach patriotic matters or holidays ("Palmer v. Board of Ed. of

City of Chicago", 1979). It was soon realized by the school that this was not always feasible. If a

teacher’s aide or parent wasn’t available, she sometimes would allow one of her students to lead

the class. Parents began to complain that their students were not getting the same education as
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other students in other teachers’ classes. Her class was described as chaotic and disorganized.

She was terminated for neglecting to consider the impact on her students. In a court statement it

was stated she “deprive[d] her students of an elementary knowledge and appreciation of our

national heritage” ("Palmer v. Board of Ed. of City of Chicago", 1979). By removing so much

material from the curriculum, students miss out on great swathes of information. The same can

be said for the students in Ms. Karen White’s class. They are not receiving the full benefit of an

education.

Ruling

School boards have the authority to limit a teacher’s religious expression in order to

avoid violations of the establishment clause. A teacher is a representation of the school board and

ultimately the state, with that inherent power a teacher also must exercise responsibility.

Educators play a pivotal role in shaping young minds and it would be an abuse of power to

promote one’s religion. Karen White has every right to practice and participate in her religion of

choice, however it cannot interfere with her ability to complete her job. If she can’t complete

certain projects or activities with faculty, the other faculty members have to do extra work. If she

can’t complete certain projects or activities with students, her students aren’t getting the full

benefit of the curriculum. Both of these things impede with her completing her job. I think the

best course of action would be for Principal Bill Ward and Ms. Karen White to work out some

sort of compromise, so students aren’t being denied their education and Ms. White isn’t denied

her religious freedom. For example, Ms. White doesn’t need to participate in the Holiday gift

exchange, but she could arrange for drinks and refreshments during the event. The school district

should also look into adopting a policy to make religious accommodations if it doesn’t have one
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already. If Principal Ward and Ms. White can’t come to any compromise, then Principal Ward is

justified in terminating Ms. White on the grounds of ineffectively meeting the needs of her

students.
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References

Bhasin, S. (2012, August 30). Former teachers, Jehovah's Witnesses file discrimination lawsuit

against school district. Retrieved from http://archive.naplesnews.com/news/education/former-

teachers-jehovahs-witnesses-file-discrimination-lawsuit-against-school-district-ep-387733861-

342422691.html

Freshwater v. Mt. Vernon City School District Board of Education (Court of Appeals for Knox

County November 19, 2013).

Hashem v. Hunterdon County et al (District Court of New Jersey September 29, 2016).

Lebo, L. (2010, February 02). The 'Evolving' Story of Teacher Who Burned Cross into Student's

Arm. Retrieved from http://religiondispatches.org/the-evolving-story-of-teacher-who-burned-

cross-into-students-arm/

Palmer v. Board of Ed. of City of Chicago (U.S. District Court for the Northern District of Illinois -

466 F. Supp. 600 January 31, 1979).

Rosales et al v. The School District of Lee County, Florida (Florida Middle District Court June 03,

2013).