Running head: RELIGION AND PUBLIC SCHOOLS 1
Jeffery Urbina
College of Southern Nevada
RELIGION AND PUBLIC SCHOOLS 2
Abstract
Religion in public schools is a very complicated issue, the lines between what is allowed
and what isn’t allowed have changed throughout the years. Teachers and administrators can
sometimes be put in a very difficult position when it comes to what student should learn or how
they chose to express themselves. Can teachers chose to not participate in activities if they
believe the activities are religious in nature? Can they be dismissed for failing to do these
activities? In the case of Karen White these question will be explored to see which way a judge
would lean in a case like this ever presented itself in court.
RELIGION AND PUBLIC SCHOOLS 3
Introduction
Karen White is a kindergarten teacher she is also part of the Jehovah’s Witnesses. She
recently informed the parents of her kindergarten students that she could no longer lead certain
activities. Such as decorate the classroom for holidays or plan for gift exchanges during the
Christmas season.She also could not sing “Happy Birthday” or recite the Pledge of Allegiance.
The parents of the kindergarten students were not pleased with what the teacher had decided. The
parents decided to protest and Bill Ward, school principal recommended she be dismissed. Based
on her ineffectively meeting the needs of her students.
When it comes to cases like these there are many laws and policies that would be
mentioned and have a huge role in the cases. Such as the establishment clause which prohibits
the establishment of religion by Congress. Basically congress can not make a law prohibiting
your right to express yourself. Secondly another law likely to be included is due process which is
fair treatment through the normal judicial system. This simply means both parties will be treated
fairly throughout the case.
A case in favor of Karen White is the case of Goss v. Lopez. In Goss v. Lopez Nine
students were given 10-day suspensions from school. The school principals did not hold hearings
for the students. The court found that the students rights were violated, since they did not give
the students their right of due process (Oyez.org). The way this can benefit Karen White is the
fact that the principal recommended her for dismissal based on the parents protest. The principal
should have first consulted Karen White over what was happening.
The next case in favor of Karen White is West Virginia Board of Education v. Barnette. In
this case West Virginia Board of Education required that the flag salute be part of the program of
RELIGION AND PUBLIC SCHOOLS 4
activities in all public schools. Teachers and students refusal to do this would be insubordination
and was punishable by expulsion and charges of delinquency. The court ruled this was
unconstitutional because it infringed everyone First Amendment ( Britannica.com). The reason
this helps Karen White is because she is being punished of not doing the pledge of allegiance.
She should not be forced to participate, and if the school dismisses her, her First Amendment
right would be violated.
A case in favor of the school is School District of Abington Township, Pennsylvania v.
Schempp. In this case students who attended public schools in the state of Pennsylvania were
required to read at least ten verses from the Bible. Murray and his mother were atheist and
questioned the policy. The courts found this policy violated their First Amendment right
(Britannica.com). This relates to the case because since, Karen White is not leading certain
practices such as birthdays she is influencing her religion on her students.
The next case in favor of the school is Flourey v. Sioux Falls District. In this case Sioux
Falls decided to hold a Christmas play with Cristian based songs the school district also had
games for kindergarteners answered questions about Jesus. Flourey protested against the event.
He eventually lost the case due to the fact that the play took place after school hours and was not
part of curriculum( Law.Justia.com). The way this benefits the school is because again Karen
White is influencing her religion during school hours and directly to her students.
Ultimately both side have very good arguments, however, I would side with Karen White
due to the fact that she is in no way obligated to participate in doing the pledge. In addition the
Christmas gift exchange is celebration of another religion which Karen is not obligated to
participate in. The only thing really holding Karen back is refusing to celebrate birthdays but
even then she is also not obligated to celebrate that. Karen has also did not involved any religious
RELIGION AND PUBLIC SCHOOLS 5
activity into the main core curriculum so her influence is very little. Karen right to due process
was also violated, due to these reason is why I lean more towards Karen’s side and why a judge
might also lean towards her side.
RELIGION AND PUBLIC SCHOOLS 6
References
Goss v. Lopez, 419 U.S. 565 (1975)
Goss v. Lopez
No. 73-898
Argued October 16, 1974
Decided January 22, 1975
https://www.oyez.org/cases/1974/73-898
West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943)
West Virginia State Board of Education v. Barnette
No. 591
Argued March 11, 1943
Decided June 14, 1943
RELIGION AND PUBLIC SCHOOLS 7
https://www.britannica.com/event/West-Virginia-State-Board-of-Education-v-Barnette
School Dist. of Abington Tp. v. Schempp, 374 U.S. 203 (1963)
School District of Abington Township, Pennsylvania v. Schempp
No. 142
Argued February 27-28, 1963
Decided June 17, 1963
https://www.britannica.com/topic/School-District-of-Abington-Township-v-Schempp
Florey V. Sioux Falls School District 49-5, 619 F.2d 1311 (8th Cir.) 449 U.S. 987 (1980).
https://law.justia.com/cases/federal/district-courts/FSupp/464/911/1520042/
