Assignment #6

Assignment #6

Reyna Franco

College of Southern Nevada

Assignment #6

Karen White, a kindergartener teacher, informed her parents and students that, due to her

being a Jehovah’s Witness, she could no longer lead activities or participate in projects that were

religious in nature. This included holiday decorations, singing “Happy Birthday” or reciting the

Pledge of Allegiance. The parents protested and the principal recommended her dismissal based

on her ineffectively meeting the needs of her students.

One court case that supports Karen White is, Wisconsin v. Yoder. In the case Wisconsin

v. Yoder the Court concluded that enforcing a state compulsory attendance law against Amish

children after they had completed the eighth grade, infringed on their free exercise of religion

rights (Wisconsin v Yoder, 1972). Karen White is a Jehovah Witness and her religion does not

permit her to lead or participate in any activity that may be against her religious beliefs.

Therefore, the school would be infringing on her free exercise of religion rights if they forced her

to do otherwise.

Another court case that supports Karen White is, West Virginia State Board of Education

v Barnette. In the case of West Virginia State Board of Education v Barnette, the Board adopted

a resolution requiring students and teachers to salute the flag and recite the Pledge of Allegiance

in school. A student’s failure to do so was seen as “insubordination” and resulted in suspension.

The Court ruled the West Virginia State School Board’s actions as unconstitutional because as a

Jehovah Witness, the student is forbidden from honoring the flag (West Virginia State Board of

Education v Barnette, 1943).

One case that supports the principal is, Clever v. Cherry Hill Tp. Board of Education. In

this case the Court upheld that it is permissible for public schools to display religious holiday

symbols in school calendars as long as it is absent of denominational preference (Clever v

Cherry Hill Tp. Bd. Of Educ., 1993). Just as in the case of Karen White, the principal wants to
Assignment #6

effectively meet the needs of the students concerning certain activities. The teacher should not

take away the students’ rights to acknowledge activities that may be religious in nature.

Another case that supports the principal is, Florey v. Sioux Falls School District. In this

case , the Court upheld that the study and performance of religious songs, including Christmas

carols, are constitutional if there purpose is the “advancement of students’ knowledge of

society’s cultural and religious heritage (Florey v. Sioux Falls School District, 1980). In the

principal’s defense, as long as the activities show a purpose of the “advancement of the students’

knowledge of cultural and religious heritage, than Karen White should be able to involve herself

in such activities so that the students’ needs are met in an educational manner.

In conclusion, the principal recommended Karen White’s dismissal based on her

ineffectively meeting the needs of students. I believe that there was not a justifiable basis for

Karen’s dismissal. Due to the free exercise of religion right, the Court will rule in her favor. “The

Free Exercise Clause guarantees individuals the right to worship as they choose” (Underwood,

Webb, 211). Karen White’s religion prohibits her to participate in certain projects or activities,

although approved by the school, that are religious in nature. Just as in the 1972 case of

Wisconsin v Yoder the Court ruled that enforcing a state compulsory attendance law on Amish

children infringed on their free exercise of religion rights. The Court will also find that the

school infringed on Karen White’s free exercise of religion rights by recommending her

dismissal for disallowing activities that she believe are religious in nature.
Assignment #6

References

Clever v Cherry Hill Tp. Bd. of Educ., 838 F. Supp. 929 (D. N.J. 1993).

Florey v Sioux Falls School District 49-5, 619 F.2d 1311 (8th Cir. 1980).

West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943).

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

Underwood, J., & Webb, L. (2006). Teacher's Rights. In School Law for Teachers (p. 211).

Upper Saddle River, New Jersey: Pearson Education.