Portfolio #6

Spencer Cofer

EDU Portfolio #6

College of Sothern Nevada

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The case we are looking at this week is that of the Karen White a kindergarten teacher

who has because of her new found affiliation with Jehovah’s Witnesses said that she can no

longer lead certain activities or participate in projects because they were religious. It even went

to the extent that she could not sing “Happy Birthday” to her students or recite the pledge of

allegiance. Now her principal Bill Ward after many parent protests has recommended her

dismissal based on her ineffectively meeting the needs of her students. We will look at both

sides and see if Bill Ward is justifiable in his basis to dismiss Karen White.

First the side for Bill Ward and making his dismissal justifiable we will look at the court

case of Freshwater v. Mt. Vernon City School District Board of Education. In this case we have

John Freshwater who was an 8th grade science teacher who was fired for preaching religious

beliefs in school which is not allowed. He took this to court saying it was unjust and it went up

to the supreme court where they ruled it was a fire able offense. This can relate to the case at

hand and help principal Bill Wards side because Karen White very well could have been

teaching or forcing her new found affiliation of being a Jehovah witness down her student’s

throat by not practicing these other religious holidays or even by not singing happy birthday. I

think this would be a very helpful court case for the side of Bill Ward.

The second court case we will look at that will help make the dismissal reasonable is in

the court case of Silver v. Cheektowaga Central School District. In this case we have very

similar finding as to the last case we mentioned we have another teacher Joelle Silver who was

displaying religious posters in the room Silver taught in however she was not fired she found it

against her free religion rights to have to take the posters down. Once again the court ruled in

favor of the school saying it was not against her freedom of speech but she was not allowed to
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preach religion or post it in school. Just as I said last time Bill Ward could see this case and use it

for his case just as Karen White wont post any religious holidays this once again could be

persuading kids to not follow certain religions or holidays.

Now let’s look at cases that would be against Bill Ward and for Karen Whites side of the

case we have the court case of Wisconsin v. Yoder. In this case the supreme court found that a

school attendance law was unconstitutional when applied to the Amish students because it

violated their rights un the first amendment. The first amendment guarantees the right of free

exercise of religion. So Karen White could very well use her case to say the same that she is

using her right of the first amendment which guarantees her the right to exercise whatever

religion she chooses.

Another court case that would help the court see in favor of Karen White would be the

case of West Virginia State Board of Education v. Barnette. In this case the school board had

put into place a rule that made it so students had to stand and recite the pledge of allegiance.

When one student refused he was suspended and his family sued. The court ruled this act as

unconstitutional because the student who was a Jehovah witness was forbidden from honoring

the flag. Just as we have in the case here Karen White with her new found beliefs in being a

Jehovah witness has every right to not practice these religious holidays and or not stand for the

pledge of allegiance.

In conclusion it is very simple to me. Everting points to the fact that Karen White if she

decided to take this case to court would win. It is in the first amendment of the constitution to
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have free exercise of religion and that is what she is doing here. Now some kids parent who

disagree could simply take their kids out of her class if they are so against what she is doing. I

believe she is well within her rights in doing this and believe that after the research I have done

the courts would find the same thing.

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Reference Page

Freshwater v. Mt. Vernon City School Dist. Bd. of Edn., Slip Opinion No. 2013-Ohio-5000.

Silver v. Cheektowaga Cent. Sch. Dist. No. 16-102 (2d Cir. Nov. 7, 2016)

West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943)

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