Religion and Public Schools 1

Artifact #6

Religion and Public Schools

Noelle Young

College of Southern Nevada

December 8, 2019
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A kindergarten teacher named Karen White told her student’s parents that she could no

longer participate or lead in certain projects and activities because of her newly acquired

affiliation with Jehovah’s Witnesses. This meant she could no longer decorate the classroom for

holidays or plan for gift exchanges during the Winter 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.

Under the Free Exercise Clause of the First Amendment, Karen White has the right to

choose her own religion and practice it as she sees fit. According to the case Wisconsin v. Yoder,

the Court concluded enforcing compulsory school attendance for Amish children after they had

finished the eighth grade infringed on their free exercise of religion rights (Wisconsin v Yoder,

406 U.S. 205, 1972). Because of her status as a Jehovah Witness, the school would be infringing

on her free exercise of religion if they forced her to participate in those activities that went

against her religion.

In the case of West Virginia State Board of Education v Barnette, the court ruled that it

was unconstitutional for a school to force a student to say the Pledge of Allegiance (West

Virginia State Board of Education v Barnette, 319 U.S. 624, 1943). This case can be used in the

defense of Karen White. The principal wants to dismiss her for not participating in certain

activities against her religion; just like forced recitation of the Pledge of Allegiance is

unconstitutional because it violates the free exercise of religion rights.

I think the school would use the case Clever v. Cherry Hill Board of Education to justify

the allowance of religious holiday symbols to be used by the students in the classroom. In this
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case, the court stated that public schools are allowed to display religious holiday symbols in

school calendars as long as it is absent of denominational preference (Clever v Cherry Hill Board

of Education, 838 F. Supp. 929, 1993). The principal can recommend Karen White allow certain

religious activities like a holiday party if she did not participate in the party.

Similarly, in the case Florey v. Sioux Falls School District, the court ruled that the

performance of religious songs, including Christmas carols, are constitutional if the purpose is

“the advancement of students’ knowledge of society’s cultural and religious heritage” (Florey v.

Sioux Falls School District, 49-5, 619 F.2d 131, 1980). The principal could say the activities

were for the “advancement of the students’ knowledge of cultural and religious heritage” , and

Karen White should be able to participate in these activities as they are not directly participating

in religion.

In conclusion, the principal could not justify the dismissal of Karen White because of the

free exercise of religion clause of the First Amendment. Although Karen White has the right to

not participate in certain projects because of religious reasons, she cannot stop her students from

participating in these activities in her classroom.

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References

Clever v Cherry Hill Board of Education., 838 F. Supp. 929 (1993).

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

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

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