Portfolio Six: Religion and Public Schools 1

Portfolio Six: Religion and Public Schools

Giovanni Morabito

College of Southern Nevada

Portfolio Six: Religion and Public Schools 2

A kindergarten teacher by the name of Karen White had recently converted and became a

Jehovah’s Witness. With this change, she would no longer be the leader or participate in certain

activities and projects due to their religious nature. These projects and activities would, for

whatever reason, would interfere with her own religion. This change means that she wouldn’t be

able to decorate her classroom for holidays, plan gift exchanges for Christmas, sing Happy

Birthday, or recite the Pledge of Allegiance. Karen White had advised the students and parents,

but the parents had protested. Because of these complaints, the school’s principal Bill Ward had

said she was unable to effectively meet the needs of her students so he recommended her

dismissal.

One case the court can look at in favor of the teacher is the Bauchman v. West High

School of 1997. In short, this case involved a teacher who was dismissed for making students

perform a large number of religious songs in religious areas. Court upheld her dismissal, saying

that she had violated Establishment Clause as her “Efforts to advance or disapprove religion”

were “Purposeful, deliberate, and intentional”. The school’s efforts to promote and seemingly

force religious holidays onto Karen White are reasons to believe it is to promote and advance

religion rather than include in a secular manner. On top of that, the efforts to not be included in

such events are done in respect for her religion rather than the disapproval of the holiday. Overall

looking at this case, the court may look into White’s favor as the school could possibly be

violating the Establishment Clause.

Another case the court can look at to favor Karen White is Clever v. Cherry Hill of 1993.

To summarize, the parents and students of the school were challenged for their absence on
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particular religious holidays. The court ruled in the parent’s favor as “Parents who find a

particular activity ‘objectionable on religious grounds’ may ask that their child be excused and

provided with an alternate activity”. Because of this right granted to the students, it would follow

that teachers would also be granted the same right. If Karen White did not want to participate in

particular activities that may be religious, it is her right (based on this case) not to. Looking at

this case, the court could find that her dismissal was unconstitutional.

One case that the court could look at, despite the school losing the case, is the Epperson

v. State of Arkansas of 1968. An Arkansas law was struck down and a school was found at fault

for restricting and preventing a teacher from teaching evolution; the reasons the law existed

because it opposed certain religious beliefs. The court found the law unnecessary as “The state

has no legitimate interest in protecting any or all religions from views that distasteful to them.”

Karen White can be found at fault for the same reason as she could be seen as not wanting to

discuss religious holidays because may be “distasteful” to her. Turn the Epperson case around,

have a teacher refuse to discuss evolution due to their religious beliefs, and they would be found

at fault. While she has the right to not celebrate such holidays, she has a duty as a teacher to talk

and discuss these holidays with her students. Because of this case, the court may justify the

school’s dismissal of Karen White.

Another case the court may look at to favor the School is the Wisconsin v. Yoder of

1971. The state of Wisconsin was found at fault for forcing Amish students to attend school past

eighth grade; in accordance to their religion, the Amish stop attending school at eighth grade as

they “See little value for themselves in abstract subjects taught in many high schools”. (Weiner
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n.d.). The Supreme Court stated ”State does not deny the free exercise of religious belief by its

requirement or that there is a state interest of sufficient magnitude to override the interest

claiming protection under the Free Exercise Clause.” or in short, that states couldn’t interfere

with religion unless the state had a compelling reason to do so. The school in which Karen White

attends, the state has a compelling reason to enforce religious activities somewhat. If the teacher

is outright refusing to acknowledge the holidays, the school does have a reason to dismiss the

teacher on that fact. Ignoring the existence of such holidays only promotes ignorance and her

attitudes of disapproval towards a certain religion seems to go against the Establishment Clause.

Looking at this particular case, the court may not find the school at fault for dismissing Karen

White as she may have violated the Establishment Clause.

Looking at all four of these cases, there is reason to believe that there is a justifiable basis

for Karen’s dismissal. It is possible that she could potentially be violating Establishment Clause

as it could be seen her as inhibiting religion. However, looking at the evidence provided as well

as the cases overall, the court will more than likely rule in Karen White’s favor. It doesn’t seem

that the teacher is outright refusing to acknowledge certain holidays but rather just not wanting to

celebrate or participate in them. In fact, her reasons for dismissal could be seen that she had

refused to instead promote religion; she has every right to not want to participate in certain

religious holidays or be forced to recite the Pledge of Allegiance (since it is announced by the

school.)
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References

Bauchman v. West High School, 132 F.3d 542 (10th Cir. 1997)

Clever v. Cherry Hill Tp. Bd. Of Educ., 838 F. Supp. 929 (D. N.J. 1993)

Epperson v. Arkansas, 393 U.S. 97 (1968)

Weiner, J. K., Stahl, K. R., Fisher, E. S., Kraybill, B. D., Buller B., (n.d). Why do Amish only go

to school until 8th grade. Amish American. Retrieved from http://amishamerica.com/why-do-

amish-only-go-to-school-until-8th-grade/

Wisconsin v. Yoder, 406 U.S. 205 (1972)