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Running head: PORTFOLIO #6: RELIGION AND PUBLIC SCHOOLS

Portfolio #6: Religion and Public Schools


Danielle Pertile
EDU210
11/14/2015
Dr. Ce Isbell

PORTFOLIO #6: RELIGION AND PUBLIC SCHOOLS


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Introduction
Kindergarten teacher Karen White was recently dismissed from her job by the school
principal Bill Ward. White had joined the Jehovahs Witness religion, which, as a group,
prohibits celebrating holidays and birthdays, and reciting the pledge of allegiance. Because of
these restrictions, White refused to conduct or participate in holiday or birthday celebrations in
her classroom, along with refusing to recite the pledge of allegiance. Principal Ward believed that
Ms. White was unable to meet the needs of her students and therefore recommended her
dismissal.
Whites Side
White may argue that her refusal to participate in holiday celebrations is not infringing on
her students constitutional rights, and is therefore acceptable. In the case of Bauchman v. West
High School (1997), a choir teacher was granted the right to have his choir perform religious
songs at religious venues. The reasoning for this was that most choral music is religious in
nature, and venues such as churches may have better acoustics and would therefore be more ideal
for a musical performance. This applies to Whites case in that the precedent was set for teachers
being allowed to express their religious views as long as a non-sectarian purpose can be
identified. White is not adding any religious rituals or decorations to her class, but rather
removing those she finds offensive to her religion.
White can also argue that her dismissal infringes on her Free Exercise Clause of her First
Amendment Rights. Furthermore, she can argue that in dismissing her because of her religious
beliefs, the school is discouraging religion, which violates the Establishment Clause. According
to the case of Wisconsin v. Yoder (1972), White has the right to freely exercise her religion

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unless the state has a compelling reason to prohibit her from doing so. Considering the fact that
removing flags or holiday or celebratory dcor from the classroom in no way affects her students
or infringes on their religious freedoms, White can argue that she is within her rights to remove
those items.
Principal Wards Side
Principal Ward and the school can argue that Ms. Whites refusal to participate in holiday
or national celebrations prevents her students from expressing their religion, and is therefore in
violation of the Establishment Clause. According to the case of Skoros v. City of New York
(2004), the court ruled that the school could implement a policy of religious inclusion; the
teachers were required to include information on all religions and faiths into their curriculum and
celebrations. By refusing to participate in any holiday, birthday or national celebrations, she is
preventing other students from learning about or participating in other faiths and religions.
Ward could also argue that Whites conformity to her religious views is actually coercing
her students into religion as well. According to the case of Lee v. Weisman (1992), the court
found it unconstitutional to subject students to one religion endorsed by the school. Because
attendance in Whites class is mandatory, Ward could argue that students are being coerced into
the Jehovahs Witness religion because no other religious viewpoints are being shared. It is
important that a school not only present one religious viewpoint because that would appear the
school is endorsing that religion. Ms. Whites students could be considered a captive audience,
and should be allowed to experience many religious viewpoints.
Final Decision

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The court will rule in favor of Principal Ward. The topic of religion in schools is very
murky, and any given court may make a completely different decision than another one might.
The court should rule in favor of Principal Ward and the school district because according to the
cases of Skoros v. City of New York (2004) and Lee v. Weisman (1992), Ms. White is violating
her students Establishment and Free Exercise rights. By refusing to participate or acknowledge
any other religions, she is creating an environment of religious exclusion in her classroom. Her
students are unable to participate in their own religious practices, and that can lead to the belief
that the school is endorsing the Jehovahs Witness religion.

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REFERENCES
Bauchman v. West High School (1997), Retrieved from Underwood, J., & Webb, D. L.
(2006). School law for teachers: Concepts and applications (pp. 222-223). Columbus,
OH: Pearson Merrill Prentice Hall.

Lee v. Weisman (1992), Retrieved from Underwood, J., & Webb, D. L. (2006). School law for
teachers: Concepts and applications (p. 213). Columbus, OH: Pearson Merrill Prentice
Hall.

Skoros v. City of New York (2004), Retrieved from Underwood, J., & Webb, D. L.
(2006). School law for teachers: Concepts and applications (p. 217). Columbus, OH:
Pearson Merrill Prentice Hall.

Underwood, J., & Webb, D. L. (2006). School law for teachers: Concepts and applications (pp.
143-144). Columbus, OH: Pearson Merrill Prentice Hall.

Wisconsin v. Yoder (1972), Retrieved from Underwood, J., & Webb, D. L. (2006). School law
for teachers: Concepts and applications (p. 211). Columbus, OH: Pearson Merrill
Prentice Hall.

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