Running Head: TEACHERS’ CONSTITUTIONAL RIGHTS VERSUS 1

Teachers’ Constitutional Religious Rights,

Limitations, and Responsibilities in the Classroom

Bianca Yegutkin

College of Southern Nevada

TEACHERS’ CONSTITUTIONAL RIGHTS VERSUS 2

Parents and students of Karen White, a kindergarten teacher, were told by Ms. White that

due to her newly pronounced association with Jehovah’s Witnesses, she could no longer to take

part in specific activities or practices in school or the classroom. Ms. White stated that she

wanted to be excluded from any practices or activities that Jehovah’s Witnesses considered

religious, i.e., gift giving or holiday decorations in the classroom. Also, she also stated she would

not be able to sing “Happy Birthday” to her students or participate in the reading of the Pledge of

Allegiance. The school principal, Bill Ward, petitioned for Ms. White’s dismissal after receiving

complaints from parents, on the basis that Ms. White’s actions were in conflict for meeting the

needs of the students and prevented her from being an effective teacher.

In Lemon v. Kurtzman, additional income benefits that were being given to private

school teachers for teaching non-religious classes were brought to the court for violating

Constitutional laws (Webb 210). Based on criteria within the Establishment Clause, whether said

action creates profound government interaction with religion, the court ruled the income laws did

violate First Amendment Rights. Potentially Ms. White could use the Establishment Clause to

prove her First Amendment Rights were violated (Lemon v. Kurtzman 1971). She would have

to prove that the refusal of her requests and or her dismissal did not pass the Establishment

Clause. She would have to show that the school’s rules did not have a secular purpose, they did

promote or exclude religion and created excessive government involvement in religion.

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In Wisconsin v. Yoder, a statewide law establishing required school attendance was

found to violate Amish students’ religious freedoms. Amish practices do not need individuals to

be educated beyond eighth grade. The court rules in favor of Yoder because the state could not

prove they had overwhelming reason/s to make the Amish comply with a law requiring

education past the eighth grade (Webb 211). If Ms. White can prove that the school does not

have a valid and defining reason to deny her requests and that her requests will not compromise

the safety of the school environment, she may be able to show her First Amendment Rights were

violated under the Free Exercise Clause (Webb 211).

Teachers’ First Amendment Rights are not absolute. In Roberts v. Madigan, the courts

ruled in favor of a principal’s and school district’s requirement of a teacher to put away books

that were religious and could be seen by others in the room (Roberts v. Madigan 1989). The

teacher’s rights to religious expression are limited in the classroom because the school is justified

in comparing the First Amendment Rights of the teacher with the rights of others in the academic

environment (Roberts v. Madigan 1989). Ms. White’s dismissal may be justified if Mr. Ward can

prove that her requests and actions interfere with the rights of students to adequate education and

their rights to be free from an environment the promotes or diminishes religion.

In Wigg v. Sioux Falls Sch. Dist., the court ruled in favor of a teacher who wanted to

attend a religious group, in which the school district told her she could not (Webb 215). The

court said that because the teacher would be attending the group after school and as a private

citizen, she was within her rights. Mr. Ward can say that his request for dismissal of Ms. White is

because of her refusal to perform duties her during school hours, in which she is clearly in the

role of a government employee, i.e., a public-school teacher.

TEACHERS’ CONSTITUTIONAL RIGHTS VERSUS 4

When looking at this case, we need to see what the courts have established regarding

teachers’ and students’ First Amendment Rights in public education (Webb 209). The courts

have created standards to help schools and others in making policies and decisions having

anything to do with First Amendment Rights. Primarily the courts use Establishment and Free

Exercise Clauses when deciding the extent and limit of religious rights for students and teachers

(Religion and Public Schools). Unfortunately, these clauses contradict each other to a certain

degree because one limits the expression of religion in public schools, while the other enforces

an individual’s right to religious freedom and expression (Webb 209).

As with all court cases, decisions must be made based on the unique and comprehensive

facts regarding the case. There are unknown factors in this case which could strengthen or

weaken Principal Ward’s move to terminate Ms. White. Courts may look at whether the school

made efforts to accommodate Ms. White, or how and to what extent the school observed

holidays. Also, we must look at teachers’ rights regarding discipline as discussed in chapter four

of our textbooks, specifically due process requirements and progressive discipline (Webb 61).

While the courts have established that students and teachers have freedoms and rights

that are afforded to them by the U.S. Constitution, there are standards and limitations (Tinker v.

Des Moines Independent School District). While the school cannot discipline Ms. White for her

affiliation with Jehovah’s Witnesses, the school can object to actions taken by Ms. White in

school and how they will affect the educational environment; in this case Ms. White’s refusal to

participate in activities (Palmer v. Board of Education).

LeVake v. Independent School District 656 also establishes that the courts do not allow

teacher’s personal religious beliefs to interfere with education and school curriculum. If Ms.

White’s issues were only with the activities of gift exchange and decorating the classroom, it
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might strengthen her case, as these activities could be viewed as non-secular if practiced in a

specific context. However, because she also objects to say the Pledge of Allegiance and

celebrating a birthday, which for the most part are considered secular activities and an essential

part of school curriculum and culture I believe that Mr.

Ward would be justified in his request for dismissal. Based on court interpretations and facts

surrounding the Establishment and Free Exercise clauses, resulting from Lemon v. Kurtzman and

Wisconsin v. Yoder as discussed in our textbooks, I believe that the schools would be justified

(Webb).
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References

Lemon v. Kurtzman. (1971). Retrieved April 23, 2017, from

https://supreme.justia.com/cases/federal/us/403/602/case.html

LeVake v. Independent School District 656. (2001) Retrieved April 23, 2017, from

http://caselaw.findlaw.com/mn-court-of-appeals/1085860.html

Palmer v. Board of Education. (1979). Retrieved April 23, 2017, from

http://law.justia.com/cases/federal/district-courts/FSupp/466/600/2361432/

Religion and Public Schools. (n.d.). Retrieved April 23, 2017, from

http://www.centerforpubliceducation.org/Main-Menu/Public-education/The-law-and-its-

influence-on-public-school-districts-An-overview/Religion-and-Public-Schools.html

Roberts v. Madigan. (1989). Retrieved April 23, 2017, from

http://law.justia.com/cases/federal/district-courts/FSupp/702/1505/2252514/

Tinker v. Des Moines Independent School District. (1969). Webb, D. L., Underwood, J. (2006).

School Law for Teachers: Concepts and Applications. Upper Saddle River, NJ: Pearson

Education, Inc, 210.

UNC Charlotte. (n.d.) Office of Legal Affairs. Relevant cases on academic freedom in the

classroom. Religious freedoms of faculty members. Retrieved April 23, 2017, from

legal.uncc.edu/legal-topics/classroom-policies-and-practices/academic-freedom-

classroom

Webb, D. L., Underwood, J. (2006). School Law for Teachers: Concepts and Applications. Upper

Saddle River, NJ: Pearson Education, Inc.

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Wigg v. Sioux Falls Sch. Dist. (2003). Webb, D. L., Underwood, J. (2006). School Law for

Teachers: Concepts and Applications. Upper Saddle River, NJ: Pearson Education, Inc.

Wisconsin v. Yoder. (1972). Retrieved April 23, 2017, from http://caselaw.findlaw.com/us-

supreme-court/406/205.html