Religion and Public Schools 1

Religion and Public Schools

Christina C. Martinez
College of Southern Nevada

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Abstract
Religion has been a part of our lives since day one on this Earth. It is a growing force that guides,
comforts and empowers us through the courses of daily life. To some, it is the key source that we
alter our way of living and thinking for. It is a form of living that most have chosen to conform
and abide to. It has been a belief of our founding fathers, in our Constitution, and in our school
systems for centuries. Wars have been fought and people have been killed over such an
impacting creed. To this day there are many forms of religion, which any individual who desire
to take part in can explore and thrive. Yet we think when we make such choices they affect only
us. As educators we must comprehend that such altering choice can impact and affect all of those
around us, especially our students.

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Religion and Public Schools
Karen White is an educator who has decided to make a life altering change within her
personal belief system. She has choose to follow the religious path of a Jehovahs Witness. She
has not conformed to the governing norm that has banish so much of our own personal desires of
guidance. With her new founding and proclaimed faith comes a trial of duty verses a heart
formed conviction. Karen White is a Kindergarten teacher who has been recommended for
dismissal because of such conviction. Her duties as an educator have been limited because of her
religious path. As a price for her conviction she has chosen not to lead in certain activities that go
against the Jehovahs Witness standards. Karen White has made a personal change within herself
but did it improve her duties as an educator, or did it cause her to become ineffective in the needs
of her students?
Applicable Rights
The Constitution of the United States protects many of our God given rights. Freedom of
religion being one of the most controversial of these rights. The 1st Amendment states, Congress
shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof. (Web) This correlates to Ms. Whites right to freely express her beliefs. The free
Exercise Clause will come into play at keeping any government regulation from impairing the
practice of religious beliefs and accommodations to enable individuals to practice their beliefs.
(p. 44) Ms. White felt that many of the activities in her class were religious in nature. If
Government activity abridges the Establishment Clause, the unconstitutional activity must cease.
(p. 43) The Establishment Clause also protects her choice not to take part in many of the
classroom activities she felt were requiring her to counterbalance against her religion.

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Arguments in Support of Plaintiff
The School District of Abington Township v Edward Lewis Schempp is a similar issue
where the Schempps, being active Unitarians, were being forced to take part in a 10 passage
Bible reading at the beginning of each school day. The Schempps claimed that it was an
unconstitutional establishment of religion and interfered with the expression of their religion and
a violation of the 1st Amendment. The court found in favor of the Schempps stating that the Bible
time was not part of an educational program and violated the Establishment Clause. Government
is not allowed to be involved in religious matters, (Congress shall make no law...prohibiting the
free exercise of religion). (Web)
In the court case West Virginia State Board of Education v Barnette required that the flag
salute be part of all school activates in all of their public school systems. In conjunction students
were also required to recite the Pledge of Allegiance. Two students, both Jehovahs Witnesses,
refused to take part in such activates that conflicted with their religious beliefs in idolizing
objects in worship. The court ruled in favor of the Barnettes stating that school officials violated
their 1st Amendment. It was considered unconstitutional to mandate the children instead of
allowing them to rightfully choose. (Web)

Arguments in Opposition of Plaintiff

Roger Florey v the School Board of Sioux Falls was a key case in establishing how
separation of church and state should be implemented. The school committee set forth a plan that
was willingly adopted by the District. This policy allowed the school to recognize and observe
religious holidays but with boundaries. They must be instructed purely from a historical and
cultural aspect. Roger Florey being an atheist objected towards the policy stating that his

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constitutional rights were violated and the policy was unconstitutional. The court felt that the
policies were legitimate and acceptable for educational purposes and were not considered an
endorsement of religion. (Web)
Joethelia Palmer v the Board of Education of Chicago is probably the strongest case for
the opposition. Joethelia Palmer was a public school teacher who refused to teach what she felt
was the patriotic aspects of the curriculum that the Chicago Public School required of their
educators to instruct. Joethelia also being a Jehovahs Witness is not allowed to participate in
idolatry. The Jehovahs Witness feel that patriotism is a form of idolatry and unacceptable.
Joethelia right to refusal was no match for the fact that she did not fulfill her duties to teach the
prescribed curriculum concerning patriotic matters. The court ruled in favor of the school board.
Joethelia 1st Amendment rights was not a license to express norm from the required curriculum
and that she has no right to subject others to her views. (Web)

Conclusion
In review of all the applicable rights and cases my ruling is for the defendant. When Ms.
White was hired she was instructed of all her duties and given the required curriculum for the
grade level she would be teaching. She knew well in advance what her duties and obligations for
her class and students would in tale. Ms. White should have relinquished her job when she knew
she could no longer fulfill her duties. Just like the ruling from the Palmer v Board, Karen White
had no right to submit her students to her newly founded views and religion. The school board
does not inforce any one form of religion. Religion in the school is only permissible for
educational purposes. Teachers must teach the prescribed curriculum, even if it partially or

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wholly offends the teachers religion. (Web) The 1st Amendment was not an excuse for her to
defy her duties as a Kindergarten teacher.

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References
About.com (2015). Florey v. Sioux Falls School District (1980). Retrieved from
http://atheism.about.com/library/decisions/holydays/bldec_FloreySiouxFalls.htm
Cambron-McCabe, McCarthy, Eckes, S.(2014) Legal Rights of Teachers and Students.United
States: Pearson Education, Inc., pages 43-44
Cornell Law School (2015). First Amendment. Retrieved from
https://www.law.cornell.edu/constitution/first_amendment
Encyclopedia Britannica, Inc. (2015). First Amendment. Retrieved from
www.britannica.com/EBchecked/topic/208044/First-Amendment
Encyclopedia Britannica, Inc. (2015). School District of Abington Township v. Schempp.
Retrieved from http://www.britannica.com/EBchecked/topic/528120/School-District-ofAbington-Township-v-Schempp
FindLaw (2015). Palmer v. Board of Education of Community Unit School District 201 Will
County Illinois. Retrieved from http://caselaw.findlaw.com/us-7th-circuit/1353428.html
Oyez, Inc. (2005-2011). West Virginia State Board of Education v. Barnette. Retrieved from
http://www.oyez.org/cases/1940-1949/1942/1942_591
Encyclopedia Britannica, Inc. (2015). School District of Abington Township v. Schempp.
Retrieved from http://www.britannica.com/EBchecked/topic/528120/School-District-ofAbington-Township-v-Schempp

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