Religion and Public Schools 1

Religion and Public Schools

Esther Dawn Walker

EDU 210

College of Southern Nevada

Religion and Public Schools 2

Court Case Description

Karen White, a kindergarten teacher, had a newly endowed affiliation with the Jehovah’s

Witnesses religion. Mrs. White briefed her students and their parents that she could no longer

direct certain activities or participate in certain projects because they were religious in nature.

This indicated that she would no longer decorate the classroom for the holidays and there would

be no gift exchanges during the Christmas season. She also informed them that she could no

longer sing “Happy Birthday” or say the pledge of allegiance. The parents protested and her

principal, Bill Ward recommended that she be dismissed due to her inability to meet the needs of

her students. Was Mrs. White’s dismissal justifiable? How would the courts rule in this case?

A court case to support Karen White’s argument is West Virginia State Board of

Education v Barnette (1943). In this case, the West Virginia Board of Education made it

mandatory for all teachers and students to salute the flag and recite the pledge of allegiance.

Students who refused to do this demand were subjected to expulsion. Children who were part of

a Jehovah’s Witnesses’ family refused to do this mandatory salute and were sent home from

school every day they did not comply. The courts ruled in favor of the students affirming that the

West Virginia school board’s actions were unconstitutional under the Free Exercise Clause in the

First Amendment. Mrs. White can argue that she should have the same rights these students did

under the Free Exercise Clause and that she should have the right to worship as she chooses to do

so.

Another court case to support Karen White’s argument is Wisconsin v. Yoder (1972). In

this case, members of Old Order Amish religion and the Conservative Amish Mennonite Church

were said to be violating the Wisconsin school-attendance law. This law requires children to be

in attendance of a public or private school till the age of 16. The members believed that high-
Religion and Public Schools 3

school attendance opposed the Amish religion. The supreme court ruled in favor of the Amish

members affirming that the school did indeed violate their rights under the First Amendment’s

Free Exercise Clause by imposing the compulsory attendance law on their children. Mrs. White

can again argue that her free exercise of religious rights is being violated just as the Amish

children’s rights were. She can argue that she should not be dismissed because of her religious

beliefs.

Florey v. Sioux Falls school district (1979) case can support the principal’s decision to

dismiss Karen White. In this case, a parent of a kindergartener complained about the Christmas

program’s religious nature. The school’s principal set up a citizen’s committee to study issues of

church and state in terms of school district functions. The court ruled in favor of the school,

affirming that the “religious” songs performed in the school’s program are constitutional so long

as they are advancing the student’s knowledge of religious and cultural heritage. The principal

can argue that Karen White is not meeting the needs of her students as she is refusing to do such

“religious by nature activities” that would advance her student’s knowledge. Therefore, Karen

White is ineffectively meeting the needs of her students.

Another court case to support the principles case is Palmer v. Board of Education of the

City of Chicago (1979). This court case is very similar to Karen White’s case. The teacher, in

this case, cannot teach about national holidays, and patriotic topics including reciting the pledge

of allegiance due to her affiliation with Jehovah’s Witnesses religion. The teacher required extra

help in her classroom to teach this material to her students. The court ruled in favor of the

principal in this case stating that Mrs. Palmer was not complying with the school’s curriculum.

The principal in Karen White’s case can argue that Mrs. White is not complying with the
Religion and Public Schools 4

school’s curriculum nor meeting the needs of her students by refusing to teach the required

curriculum at the school.

In conclusion, I believe that the courts would rule in favor of Karen White if she files

suit. The principal dismissed her stating that she was ineffectively meeting the needs of her

students. I don’t think the principal had a justifiable basis. Mrs. White can use the West Virginia

State Board of Education v Barnette (1943) and Wisconsin v. Yoder (1972) cases to support her

argument. She can argue that she has the right to the Free Exercise Clause of the First

Amendment just as the students in this case did. Karen White should have the right to worship as

she chooses if she is able to meet the needs of her students. I do believe that Mrs. White can

manage to meet the needs of her students while simultaneously practicing her new religion.
Religion and Public Schools 5

References

Wisconsin v. Yoder. 406 U.S. 205 (1972) Retrieved from

https://caselaw.findlaw.com/us-supreme-court/406/205.html

West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943) Retrieved from
https://supreme.justia.com/cases/federal/us/319/624/

Florey v. Sioux Falls school district. 49-5, 464 F. Supp. 911 (D.S.D. 1979) Retrieved from

https://law.justia.com/cases/federal/district-courts/FSupp/464/911/1520042/

Palmer v. Board of Ed. of City of Chicago, 466 F. Supp. 600 (N.D. Ill. 1979) Retrieved from

https://law.justia.com/cases/federal/district-courts/FSupp/466/600/2361432/