Ch.

11 Assignment 1

Ch. 11 Assignment Submission (Portfolio # 6)

Ch. 11 Assignment Submission (Portfolio # 6)

Lori Hyland

EDU 202 1004

 Ch. 11 Assignment 2

Ch. 11 Assignment Submission (Portfolio # 6)

In this scenario, a kindergarten teacher named Karen White has announced that due to her

newly acquired affiliation with Jehovahs Witnesses, she is no longer able to part take in certain

school activities and projects. For instance, White can no longer decorate her classroom for the

holidays, recite the Pledge of Allegiance, or sing Happy Birthday along with the children

because these practices conflict with her new beliefs. After parents found out that White would

not participate in these events, they protested. As a result, the school principal Bill Ward

recommended Whites dismissal on the grounds that she would no longer meet the needs of her

students. The issue for the court is whether or not there is a justifiable basis for Karen Whites

dismissal.

There is evidence to support the schools side for Karen Whites dismissal from her

kindergarten teaching position. For instance, White claimed that she could no longer support

school activities, such as holiday displays or gift exchanges during the Christmas season. One

case that supports the use of holiday displays is Skoros v. City of New York. In this case, Andrea

Skoros, the mother of two elementary school children, challenged the New York City public

schools holiday display policy, claiming that it violated the Establishment Clause under the First

Amendment. The holiday displays and holiday party included symbols and decorations that

reflected many different beliefs and customs, including Christmas trees and Menorahs. The

court ruled in favor of the schools policy stating, Accordingly, the DOE holiday display policy

and the temporary displays in the Tine children's schools do not interfere in any way with

plaintiff Skoros' raising her children (Skoros v. City of New York). This means that holiday

displays are allowed in schools as long as they do not require religious participation and they

include diverse religious and cultural practices. This case relates to Karen Whites case because
 Ch. 11 Assignment 3

she is refusing to decorate her classroom or allow students to partake in holiday related activities,

which the court has declared legal. Therefore, this case supports the schools dismissal of White

on the grounds that she is denying students the opportunity to learn, understand, and respect all

beliefs, values, and customs.

Another case that supports Principal Bill Wards decision to terminate Karen White is Doe

v. Duncanville Independent School District. White declared that she could no longer sing

Happy Birthday in her classroom because it was against her religion as a Jehovah Witness.

Similarly, Jane Doe, a 7th grader, and her father objected to singing the schools theme song,

The Lord Bless You and Keep You because it was religious in nature (Doe v. Duncanville

Independent School District). In this case, the court stated, Theme songs had a secular purpose

and did not have the effect of advancing or endorsing religion (Doe v. Duncanville Independent

School District). This case relates to Karen Whites because the Happy Birthday song is not

religious, nor does it advance or endorse any specific religion. Thus, this popular song in no way

violates the Establishment Clause under the First Amendment and supports Whites dismissal.

There is evidence to oppose Karen Whites dismissal on the grounds that the Free Exercise

Clause prevents the government from infringing on an individuals free exercise of religion. For

example, private individuals, including teachers, are entitled to the same religious freedoms as

others. In the case of Wigg v. Sioux Falls School District, Barbara Wigg, a second and third

grade teacher, wished to participate in The Good News Club, which was a religious club that met

after school. However, the principle refused to allow Wigg to participate in the club because it

would be inappropriate for a teacher to endorse a religion. Nonetheless, the court ruled in

Barbara Wiggs favor because the club met after school and Wigg had a right to participate as a

private individual (Wigg v. Sioux Falls School District). This case applies to Karen Whites
 Ch. 11 Assignment 4

scenario because her participation in holiday decoration, gift exchanges, singing Happy

Birthday, and reciting the Pledge of Allegiance violated her personal beliefs. Hence, the school

had no right to infringe on Whites free exercise of religion by forcing her to participate.

Another case that opposes Karen Whites dismissal is Lee v. Weisman. In this case, Robert

Lee, a school principal, invited a rabbi to speak at the graduation ceremony. Deborah Weisman,

one of the graduates, and her father, Daniel Weisman, filed a lawsuit hoping to stop the rabbi

from speaking on religious grounds. The U.S. Supreme Court ruled in favor of Weisman in this

case stating that school sponsored prayer at graduation ceremonies violated the Establishment

Clause by using coercion to support religious practice (Lee v. Weisman). In other words,

Deborah Weisman was being coerced into listening to a religious speech or else she would have

to miss her graduation ceremony. In the same way, Karen White was being coerced into

activities that violated her religious beliefs, or else she would be terminated from her job. In

summary, it is against the Establishment Clause to force White to participate in certain types of

activities and events that are against her religion, and Whites termination is unjustifiable.

In conclusion, the court would rule in Principal Bill Wards favor of his decision to

dismiss Karen White on the grounds that she would no longer meet the needs of her kindergarten

students. The cases of Wigg v. Sioux Falls School District and Lee v. Weisman establish that

teachers are allowed to practice their individual religions by attending after school clubs and that

teachers cannot be coerced into activities that are against their individual religious beliefs.

However, the activities in Whites case have been ruled legal and not found to be religious in

nature. As evidence, the case of Skoros v. City of New York proves that holiday displays and

activities do not violate the Establishment Clause. Moreover, the case Doe v. Duncanville

Independent School District states that the singing of songs whose primary purpose is secular is
 Ch. 11 Assignment 5

not in violation of the Establishment Clause. All in all, the activities that Karen White is

refusing to participate in are in the best interest of meeting the needs of her kindergarten students

and not a violation of her religious freedoms.

 Ch. 11 Assignment 6

References

Casetext. Retrieved February 18, 2017, from https://casetext.com/case/skoros-v-city-of-new-york

FindLaw's United States Fifth Circuit case and opinions. Retrieved February 18, 2017, from

http://caselaw.findlaw.com/us-5th-circuit/1463600.html

Lee v. Weisman. Oyez. Retrieved February 18, 2017, from

https://www.oyez.org/cases/1991/90-1014

Wigg v. SIOUX FALLS SCHOOL DIST. 49-5, 259 F. Supp. 2d 967 (D.S.D. 2003). Retrieved

February 18, 2017, from

http://law.justia.com/cases/federal/district-courts/FSupp2/259/967/2362414/