Artifact #6: Religion and Public Schools

Artifact #6
Religion and Public Schools
Cody Wilcox
11/21/2015
EDU 210 1001

Artifact #6: Religion and Public Schools

This is the case of kindergarten teacher Karen White. Ms. White is follower of the
Jehovahs Witness religion. In accordance to her religious beliefs, Ms. White does not celebrate
birthdays nor holidays, neither does she recite the Pledge of Allegiance. Many parents were
offended by the choices of their childrens teacher and took protest to the school. Bill Ward, the
principal at Ms. Whites school, recommended her dismissal. This paper will exam whether the
proposed dismissal is justifiable under education law.
Educators, as government employees, must remain mindful of the Establishment Clause,
which prohibits the establishment or sponsorship of an official religion. The language of this
clause has lent to some confusion over the extent of its restrictions. Is any mention of religion
uncouth? Thankfully, there is the Lemon Test, birthed from the monumental case of Lemon v.
Kurtzman, which confirms whether an action is in violation of the Establishment Clause. Those
questions being: Does the action or policy have a secular legislative purpose? Does its primary
effect neither advance nor inhibit religion? Does the policy or action foster an excessive
government entanglement with religion? If the answer to the first two questions is yes and the
answer to the last question no, the action permissible with the Establishment Clause. In the
case of Kindergarten teacher, Ms. Karen White, her classroom policy does not have a secular
purpose, the primary effect does not advance nor inhibit religion, and the policy does not foster
an excessive government entanglement with religion. Just barely failing the Lemon Test with a
negative answer to its first prong, one could argue that Ms. Whites dismissal is justifiable.
One such example of a case establishing religious beliefs in a public school was that of
Stone v. Graham. A statue was passed in the state of Kentucky that required the Ten
Commandments be placed in every school. The case eventually made its way to the United

Artifact #6: Religion and Public Schools

States Supreme Court who declared the statute unconstitutional. This policy of course failed the
Lemon Test. This was a major violation of the First Amendment and the Establishment Clause as
it was directly promoting a religious viewpoint. As such, Ms. Whites direct denial of holiday
celebrations, religious or otherwise, could be seen as promoting her Jehovahs Witness views in a
public school.
However, there are cases that support Ms. Whites continued employment and allow her
to continue her classroom policy in line with her Jehovahs Witness beliefs. The Establishment
Clause is not the only clause effecting government establishment of religion, there is also the
Free Exercise Clause. This clause allows individuals to follow their religious beliefs as they
choose (within reason, particular dangerous practices can be prohibited by the government with
the safety of the public in mind). In another major case, Wisconsin v. Yoder, the US Supreme
Court ruled that a state policy that required Amish children who had finished the 8th grade to
continue their education was in violation of the students freedom to exercise their religious
beliefs. Similarly, requiring Ms. White to act against her own personal religious beliefs as
Jehovahs Witness by observing the holiday season is in violation of her freedom to refrain from
the celebration and not grounds for dismissal.
Another case that lends aid to Ms. Whites situation is that of Fleischfresser v. Directors
of School District. In this case the parents of a group of grade school students objected to the
reading materials used in the curriculum. Claiming that the depiction of witchcraft and magic in
a fantasy novel was pursuant to promoting the religion of Wicca, a violation of the Establishment
Clause. The court sided against the parents, finding no religion established or rights of the
students infringed upon. At one point in their summary the court stated, While the parents and

Artifact #6: Religion and Public Schools

their children may be sincerely offended by some passages in the reading series, they raise a
constitutional claim only if the use of the series establishes a religion. Similarly, Ms. Whites
students and their families may be offended by her refrain from celebrating the holidays or
reciting the Pledge of Allegiance with her class, White is not establishing a religion or infringing
up on the rights of her students.
Despite the protests of parents and the principal, there are no grounds for Ms. Whites
dismissal. If the issue were to be brought up in court the ruling would favor Ms. White citing the
cases of Wisconsin v. Yoder and Fleischfresser v. Directors of School District. The school cannot
force Ms. White to act against her personal religious beliefs by planning holiday celebrations in
the classroom, nor can the families of students claim that she is establishing a religion or
infringing upon the religious rights of her students.

Artifact #6: Religion and Public Schools

Works Cited:
15 F. 3d 680 - Fleischfresser v. Directors of School District. (n.d.). Retrieved November 21,
2015, from http://openjurist.org/15/f3d/680/fleischfresser-v-directors-of-school-district
449 U.S. 39 - Stone v. B Graham. (n.d.). Retrieved November 21, 2015, from
http://openjurist.org/449/us/39
Underwood, J., & Webb, L. (2006). School law for teachers: Concepts and applications (p. 210,
211). Upper Saddle River, N.J.: Pearson/Merrill Prentice Hall.