Running head: PORTFOLIO ARTIFACT 6, RELIGION AND PUBLIC SCHOOLS 1

Portfolio Artifact #6

Religion and Public Schools

Sandra Moore

College of Southern Nevada

December 02, 2017

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A kindergarten teacher by the name of Karen White, has just recently informed the parents of her

student that she would no longer have certain activities in her classroom because of their

religious background. Ms. White made this decision based on her becoming a Jehovah’s witness.

Which, meant she could no longer decorate for holidays or plan any activities related to the

Christmas season. She would also would not be allowed to sing “Happy Birthday” or recite the

“Pledge of Allegiance.” Parents outraged and upset, protested to Mr. Bill Ward the current

school principal. Based on these actions and parents protest Mr. Ward decided to recommend

having Ms. White dismissed based on her ineffectively meeting the needs of her students.

On my first in favor of Ms. Whites judgement and decision I would like to mention the

case of DeNoyer v. Livonia Public School. In this case we learned of a second grader that was

not allowed by her teacher to show a videotape of her performance of a religious song at a

church service. The court found that school classrooms are closed forums, designed not to allow

the free expression of ideas, but to create an educational environment. This case in contrast to

Ms. White, she decided that some of the material within the classroom environment would

infringe on the students’ rights. The acknowledgement of holidays and anything that may

express religion to be pressured on a child could be viewed as a violation on freedom of

expression in regards religion. If Ms. Whites actions are reasonably related to legitimate

pedagogical concern it does not offend the first amendment by exercising editorial control over

the style and content of student in school- sponsored activities.

My next choice in favor of Ms. White is the case of Doe v. Duncanville Independent

School District. In this case, we learned of a student by the name of Jane Doe and how she felt

uncomfortable having to recite the Lord’s Prayer before and after each game or practice. The

court ruling that, such behavior was infringing on her rights since it was led by an employee of
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the school district who was leading, promoting and participating in prayer among students during

curricular activities. This case in contrast to Ms. White decision not to observe any material that

may be religious of back ground or impose on other rights justifies her actions. She is choosing

not to be involved in those activities to respect other beliefs, rights and freedoms of religion. Just

like stated by the court in this case she is an employee of the state and she is not to encourage or

participate in any activities that may violate other rights. In this case, I feel Ms. White is staying

within her rights to make sure that no lines are crossed even if it upsets others.

In my next case against Ms. White I have chosen the case of Bauchman v. West high

school. In this case, we learned how student Ms. Bauchman felt that her choir instructor was

violating her rights under the establishment clause and her rights under the free exercise clause.

She felt that the music selected for Christmas performance favored the Christian religion. A

federal court ruled in favor of the West High school stating that the student’s allegation was not

sufficient to support her claim. This case in contrast to Ms. White decision is unjust as most of

the Christmas activities and pledge of allegiance she is taking the choice of the students to opt

out of these activities already allowed in school districts as long as they don’t infringe in other

rights or religion. Ms. White decided based on her own beliefs and that should be considered

infringing on other rights.

In my next case against Ms. White I picked the case of Skoros v. City of New York. In this

case, we learn of two students attending a public school in the city of New York that feel that

their religion was discriminated against since there is present symbolism from every other

religion accept theirs. In this case, the students and parent felt as if their own religion was not

being represented like the other during Christmas holidays. The court concluded that the Skoro’s

case failed the three-part lemon test. The court explains that the current understanding in the
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school district is sufficient to fulfill the respect for the beliefs and customs of others. This in

contrast to Ms. Whites case shows how the courts also understand and acknowledge holidays

such Christmas without stepping the boundaries of religion. The holidays are an opportunity for

students to learn of other cultures and respect them. Ms. White taking away said holidays and

activities is unethical in her part based on her own personal judgement and neglecting other

beliefs or cultures. She is putting her own beliefs first without acknowledging she’s ignoring and

oppressing all other religions and rights.

In conclusion I feel that yes Ms. Whites behavior was a bit out of place, but she is within

her rights to choose not to observe these celebrations in her classroom. In comparison to my first

chosen case DeNoyer v. Livonia Public School her actions are justifiable and inside the

classroom is a closed forum and protecting the rights of others. Her decision to promote a

healthy environment where they would be no discrimination based on holidays or symbols being

acknowledged. I don’t feel she should be dismissed for her decisions. She should be counseled in

regards the matter and maybe have a meeting with the parents to further understand their feelings

on the subject. Giving the parents a clear explanation as to why she made this decision and

whether she can come to a common ground or understanding with them. The decision was based

on her own religion, but I feel she can adjust her decision and do minimally to observe this

holidays without causing disturbance to herself or others.

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References

Bauchman v. West High School. (n.d.). Retrieved December 01, 2017, from

http://www.becketlaw.org/case/bauchman-v-west-high-school/

FindLaw's United States Second Circuit case and opinions. (n.d.). Retrieved December 01, 2017,

from http://caselaw.findlaw.com/us-2nd-circuit/1351830.html

Underwood, J., Webb, L. D., (2006). School Law for Techers concept and application. DeNoyer

v. Livonia Public Schools. (1993)., Pg. (221).

United States Court of Appeals, Fifth Circuit. (1993, March 29). DOE v. DUNCANVILLE

INDEPE | 986 F.2d 953 (1993) | f2d95311781. Retrieved December 01, 2017, from

https://www.leagle.com/decision/19931939986f2d95311781
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