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Religioninschools
Religioninschools
Portfolio Artifact #6
Pier A. Shoates
EDU 210
PORTFOLIO ARTIFACT #6 2
In this scenario, Ms. White, a kindergarten teacher became a Jehovah Witness and announced
to her students’ parents that she would no longer be celebrating the holidays in her classroom with the
students or allowing them to do so because of her new-found religion. This included reciting the Pledge
of Allegiance. Many of the parents and the school principal, Mr. Ward, were very upset by this and Mr.
Ward suggested that she be fired on the premise that she was no longer meeting the needs of her
students.
One court case that supports Ms. White is Elk Grove Unified School District v. Newdow (2004). In
this court case Newdow filed suit against the school district for requiring students to recite the pledge of
Allegiance which included the words “under God” finding it unconstitutional and an endorsement of
Religion. Newdow is an atheist. The court ruled that it did not violate the establishment clause but that
the students did have the right to refuse to recite it without fear of retaliation or punishment. It applies
to this case for the same reason, White has the right not to recite the pledge without fear of retaliation.
Another court case that supports White is West Virginia State Board of Education v. Barnette
(1943). In this case, Jehovah Witness students were expelled from school for not reciting the Pledge of
Allegiance. The court found that their first and fourteenth amendment rights were violated. The law
infringed upon their Religious beliefs by requiring them to recite these secular verses.
One court case that supports Mr. Ward is Stone v. Graham (1980) because the state of Kentucky
passed a law stating that the ten commandments be posted in every classroom. A teacher refused to
post the ten commandments in his classrooms stating it was an endorsement of Religion. This case
applies to the scenario because Mr., White could argue that Ms. White’s refusal to recite the Pledge of
Another case that supports Mr. Ward is the Lemon v. Kurtz. This case arose when Pennsylvania
and Rhode Island passed laws to pay private religious schools. Because of issues with separation of
PORTFOLIO ARTIFACT #6 3
church and state Lemon filed suit. Lemon won because the court found that the Establishment cause
was violated. A three-prong test was developed to determine a violation. This case applies to the
scenario because Ms. White did not pass the 2nd prong, does its primary effect neither advance nor
inhibit religion? It inhibited her own religion by not allowing the children to celebrate the holidays.
My opinion of the scenario is that White should be discharged from her duties as kindergarten
teacher. She is denying the children the right to celebrate the holidays based on her own Religious
believes. My opinion is backed by the court case Stone v. Graham (1980) because it is a case where
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