Running head: RELIGION AND PUBLIC SCHOOLS 1

Religion and Public Schools

Tania Sanchez

College of Southern Nevada

December 8, 2019
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Religion and Public Schools

Due to her recent engagement to the Jehovah’s witness, Karen White will no longer be

taking part in holiday activities. Such activities include no longer decorating during Christmas,

no planning for gift exchanges, singing happy birthday, or reciting the pledge of allegiance. This

lack of participation made student’s parents upset which resulted from her dismissal of her

position as a kindergarten teacher by the school principal.

On the first hand a court case that can be used to justify the dismissal of Karen White is

the court case of Peloza v. Capistrano Unified School District. In this court case, the school was

not in violation of the teacher’s right when it came to tell her to remove her religious poster from

the classroom. She was also instructed to stop reading the bible during silent reading time

(Underwood and Webb, 2006 p.215). These are two activities that involve engagement in

religion but even when everyone has right to freedom of religion schools can still control the

activities taking place within the school. This case can be used to justify the dismissal of Karen

White because even though she is not portraying any physical aspects of her religion she is

choosing not to follow with any of the regular activities that most of the students follow. By

Karen White stating that she no longer is going to be expressing herself by refraining for

participating in activities. Hence Karen White dismissal can be justified by this court case.

Another court case that can be used to justify the dismissal of Karen White is the case of

Bishop v. Aranov. In this court case Phillip A. Bishop was an assistant to a professor in the area

of Physical Education and recreation. While assisting this professor he always made statements

regarding religion being more important than education. It was later decided that his statements

regarding philosophy were not to be discussed during school hours. This goes with this whole

notion that teachers can be asked to refrain from expressing their religious belief while in school
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hours. This can go with Karen White’s dismissal. Because she is choosing to stop in engaging in

activities can be seen as a form of expression of their religious views. Which can also be asked

by the school to limit herself of expression during educational hours.

On the other hand, a case that can be used that does not justify the dismissal of Karen

White is the case of the court case of Wigg v. Sioux Falls School District. In this case Wigg, was

denied participating in an after school religious program because it was believed that her

participation in the program was going to show favoritism to one specific religion. However, the

court later agreed that Wigg’s participation in the program did not show favoritism to the

religious belief because the program was held in afterschool hours. This case can be used to

favor Karen White because she has the right to express her religious preferences no matter if it is

in after school hours. She is in no way or form advocating her religion, but instead abstaining

from activities that under her religious views are not considered appropriate. At the end of the

day she has the right to her religious views and deciding to not engage in such activities does not

interfere with her teaching.

Lastly, another court case that can be used in defense of Karen White’s dismissal is the

case of West Virginia State Board of Education v. Barnette. This court case protects students and

teachers in case they do not want to salute the American Flag. There was another case initially

that found that when students did not stand and salute the flag is was viewed as a form of

disrespect. Nonetheless, such case was overturned by the Barnette case. This comes in handy, in

Karen White’s case because as it was mentioned in the summary, saying the pledge of allegiance

is one of the activities that she will be abstained from doing and she is within her right to do so.

It is in the first amendment that teachers can have freedom of religion and such religion prohibits

the salutation to the American Flag.

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In conclusion, based on the court cases of Wigg v. Sioux Falls School District, and West

Virginia State Board of Education v. Barnette, and the text there is no justifiable basis in Karen

White’s dismissal. Although, it is true that schools can limit teacher’s freedom of expression they

can do so within school hours not after school hours like in the Wigg v. Sioux Falls School

District. This case also proved that schools cannot limit teacher’s participation in programs that

are religious in nature. Teachers have the right to be involved in activities that are religious as

long as it does not interfere with their teacher. On the other hand, the court case West Virginia

State Board of Education v. Barnett, schools cannot enforce teachers or students to participate on

certain activities such as in saying the pledge of allegiance. Some religions believe they should

not salute political symbols. According to the text, schools can in fact intervene religious beliefs

while in school hours but what Karen White was doing was not interfering with her teaching so

there was not justifiable basis why she got let go. Even if it made parents upset that she was no

longer was going to participate in such activities she still has the basic right of freedom of

religion which in her case her religion does not allow to be involved in certain activities.
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References

Bishop v. Aronov (1990)

https://law.justia.com/cases/federal/district-courts/FSupp/732/1562/2252908/

Peloza v. Capostrono Unified School District, 37 F.3d 517 (9th Circuit 1994), cer. denied, 515

U.S. 1173 (1195). https://law.justia.com/cases/federal/district-

courts/FSupp2/259/967/2362414/

Underwood, J & Webb, L. Dean. (2006). School law for teachers: Concepts and applications.

Upper Saddle River, N.J.: Pearson/Merrill Prentice Hall.

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

https://www.oyez.org/cases/1940-1955/319us624

Wigg v. Sioux Falls School District 382 F.3d 807 (8th Cir. 2004)

https://law.justia.com/cases/federal/district-courts/FSupp2/259/967/2362414/