EDU 210 Portfolio Artifact #6 1

EDU 210 Portfolio Artifact #6

Jordan Bachman

College of Southern Nevada

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A kindergarten teacher named Karen White acquired a new affiliation with Jehovah’s Witness

and informed her parents and students that she could no longer lead certain activities or

participate in certain projects because they were religious in nature. This meant that she could no

longer decorate the classroom for holidays or plan for gift exchanges during the Christmas

season. She also could not sing “Happy Birthday” or recite the Pledge of Allegiance. Parents

protested and Bill Ward, the school principal, recommended her dismissal based on her

ineffectively meeting the needs of her students.

Two cases can be studied in favor of White. One case is Wisconsin v. Yoder. In this case,

the court upheld that the state could not interfere with the free exercise of religion unless it could

show a compelling state interest in doing so. This could be applied to White because the school

does not seem to have a compelling reason to dismiss White. The court could argue that the

activities she is choosing not to participate in are not activities that contribute to the educational

benefits of the students.

Another case that can be studied in favor of White is Wigg v. Sioux Falls Sch. Dist. In

this case, the court upheld that a teacher could participate in a religious club as long as she so as

private individual. White could argue that as a private individual she has chosen to opt out of

religious activities and that these choices did not reflect the attitude of the school. Then she

would be acting as an individual within her rights rather than a teacher endorsing a religion on

behalf of the school. Also, the courts have specified that teachers have a constitutional right to

freedom of religion as long as it does not infringe on the educational benefits and does not

contribute to endorsement of a religion based in the first amendment.

Two cases can be studied in favor of the school. One case is Lemon v. Kurtzman. In this

case, the court created a standard called the Lemon test. According to the Lemon test, the court
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could argue that White’s actions do not have a secular legislative purpose. White’s actions were

purely driven by religion.

Another case that can be studied in favor of the school is Bannon v. Palm Beach County.

In this case, the court justified a principle requiring a student to take down religious messages

she painted on her mural in the school because he believed the mural that was on school property

might lead others to believe the school was endorsing a particular religion which would be

unconstitutional. In defense of the school in this situation, Bill Ward could argue the same. Ward

could argue that by White withholding from participating in certain activities due to her new

religion, students might believe the school is endorsing Jehovah’s Witness.

In my opinion, a court would rule in favor of White. ACcording to the first amendment,

White’s freedom of religious expression is protected. She is choosing not to participate in certain

activities as an individual. White has not encouraged students to do anything to advance nor

decline a religion therefore, White’s actions do not constitute as unconstitutional. If White were

to ask students not to participate in the activities as well then that would be crossing the line into

unconstitutional territory.
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Reference Page

Bannon v. Palm Beach County, 387 F.3d 1208 (11th Cir. 2004)

Lemon v. Kurtzman, 403 U.S. 602 (1971)

Wigg v. Sioux Falls Sch. Dist., 382 F.3d 807 (8th Cir. 2004)

Wisconsin v. Yoder, 406 U.S. 205 (1972)