Running Header: RELIGIOUS FREEDOMS IN EDUCATION

Religious Freedoms in Education

Winter Henrie
Edu. 210-1003
College of Southern Nevada

RELIGIOUS FREEDOMS IN EDUCATION

Abstract.
This paper will discuss both sides of an argument involving religious rights if teachers. Religious
liberties are protected under the First Amendment, and apply to both students and teachers.
Teachers can not talk about religion for the purpose of promoting their beliefs, but they can
chose to not participate in certain activities that are not in conjunction with their religious beliefs.

RELIGIOUS FREEDOMS IN EDUCATION

Religious Freedoms in Education

Karen White is a kindergarten teacher who recently converted to a Jehovahs Witness.
Because of her new found faith she informed her students and parent that she would no longer be
able to participate in certain activities and projects. This includes, singing Happy Birthday,
having any Holiday parties, or even recite the Pledge of Allegiance. Parents were not happy with
the regulations that White set within her classroom. The schools principal, Bill Ward, sided with
the parents and recommended her dismissal based on her inability to meet her students needs. On
one hand, It is discriminatory to fire a teacher based on their religious view. On the other hand, if
that teachers religious views are in any way interfering with the students rights, then should that
teacher be able to continue teaching under those circumstances?
Religion is a very touchy subject within the government, particularly in schools. The First
Amendment protects our rights to freedom of religion, even in public schools. In 1943, West
Virginia State Board of Education v. Barnette reinforced the First Amendments protection. A
school in West Virginia mandated that all students must say the Pledge of Allegiance, and any
student who did not comply would be expelled from school. A group of Jehovahs Witnesses
protested the law. Stating that, the forced flag salute conflicted with their religious beliefs
against idol worship and graven images, and therefore violated their free exercise of religion and
freedom of speech rights under the First Amendment (West 1943). The courts sided with the
Jehovahs Witnesses saying that, school officials do violate the First Amendment by compelling
students to salute the flag and recite the Pledge of Allegiance (West 1943). Teachers are still
entitled to the same Constitutional rights as students. Therefore, Karen White is well within her
rights to not participate in the Pledge of Allegiance.

RELIGIOUS FREEDOMS IN EDUCATION

The Free Exercise Clause of the First Amendment guarantees individuals the rights to
worship as they choose (Underwood Webb 2006). Wisconsin v. Yonder, reinforced the Free
Exercise Clause when the courts stated that, the state could not interfere with the free exercise
of religion unless it could show a compelling state interest in so doing (Underwood Webb
2003). Unless the school could prove that White, being unable to participate in religious or
secular holiday activities in school, could have a negative impact on students or her work, they
can not dismiss her from her current teaching position. Classroom parties, saying the pledge, or
singing happy birthday, do not qualify as being unable to meet the needs of her students. As an
Educator, Whites job is to teach the curriculum standards mandated by the state. The school
curriculum does not include celebrating holidays within the classroom, or singing happy
birthday. So, how could White be dismissed for not being able to meet the needs of her students?
In 1996, a substitute teacher was removed from a classroom for preaching his religious
beliefs. In Helland v. South Bend Community School Corp., the courts sided with the schools
stating, A school can direct a teacher to refrain from expressions of religious viewpoints in the
classroom and like settings (Hudson 2002). If the school truly believed that they were
dismissing White in order to avoid Establishment Clause problems, then the courts may agree
with the school.
When is comes to the Establishment Clause, the courts usually side in favor of the school.
When a teacher was asked to remove a t-shirt that read, Jesus 2000-J2K, Downing v. West
Haven Board of Education 2001, the courts wrote, In short, whatever First Amendment rights
were implicated by Downing wearing her T-shirt must give way to the defendants legitimate

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concerns about a potential Establishment Clause violation in a public school (Hudson 2002).
Public school administrators have the right to address potential violations to the constitution. If
Whites actions could prove to be in potential violation, then the school would be affirmed in their
dismissal of White.
Based on previous court cases, the courts are likely to side with Karen White. White is
protected under the First Amendment. She has not violated the Establishment Clause, and unless
they can prove that she was in violation, or potential violation, then the school can not ask for
dismissal of a teacher. If they were to dismiss White, then they could face discrimination
charges. Whites religion does not interfere with her ability to teach the mandated standards to her
students. Therefore, she can meet the needs of her students, and the claim that she can not holds
no validity.

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References
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). (n.d.).
Retrieved October 13, 2015, from http://www.firstamendmentschools.org/freedoms/case.aspx?
id=442
Underwood, Julie., & Webb, L. Dean. (2006). School Law For Teachers Concepts and
Applications. Upper Saddle River, New Jersey: Pearson Education, Inc.
Hudson, D. (2002, September 16). Teachers religious liberties. Retrieved October 12,
2015, from http://www.firstamendmentcenter.org/teachers-religious-liberties