Running head: Portfoilio Assignment 6

Portfolio Assignment 6
Layla A. Ward
College of Southern Nevada

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Portfolio Assignment 6

This case focuses on a Kindergarten teacher named Karen White. She has recently
become a Jehovahs Witness and informed the parents and teachers that she can no longer
participate in certain activities. This includes decorating the classroom for holidays and
exchanging gifts for Christmas, in addition she could not sing Happy Birthday or participate in
the Pledge of Allegiance. When parents began to protest, the principal, Bill Ward, recommended
her dismissal. He claimed that she was no longer able to meet the needs of her students.
In Support of the Teacher
For this case we can look at the First Amendment rights of the teacher. She has a right to
practice her religion which is protected. She is not forcing her religion on anyone else, and
therefore, this should be protected. We can look at the case of West Virginia State Board of
Education v. Barnette, 319 U.S. 624 (1943). This focuses on a school rule that all students must
recite the pledge of allegiance or they are subject to expulsion. A group of Jehovah witnesses
found that this conflicted with their religion, and sued the school. The court found in favor of the
students, that they are in fact not required to recite the Pledge of Allegiance (West Virginia State
Board). Similarly, we have Miss Karen White, whom is finding that her religious affiliation
conflicts with some classroom activities. Not only have courts rules to protect religion in these
cases, but the school also has no mandatory rules for the activities she is not participating in.
In another case, Zelman v. Simmons-Harris, 536 U.S. 639 (2002) the right to private
religious expression in schools was again protected by the courts. In a failing public school
district, the State of Ohio gave vouchers to low-income parents to attend another public or
private schools. The schools to choose from were overwhelmingly religious, but the decision was
ultimately up to the parents as to which school they wanted their child to attend. This made the

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decision a private one, and made the government a neutral acting force (Zelman v. SimmonsHarris). As long as Miss. White chooses to practice her religion in private and does not force is
onto her students, there is no violation of the Establishment Clause.
In Support of the School
We have already seen that there is a protection of freedom of speech, but how does that
mix with freedom of religion? In one notable case, Cole v. Oroville Union High School District,
227 F.3d 1092 (9th Cir. 2000), we are given a chance to look at the fine lines of freedom of
religious speech. In this case, two students at Oroville Union High School were selected to do
graduated speeches. They were reviewed and then told their messages were too religions, and
they were denied the opportunity to speak at the graduation unless they edited their speeches.
The courts rules in favor of the schools finding that this was in fact not an open forum speech
(Cole V. Oroville). In this case, Miss White, chose to disclose her religious affiliation
unnecessarily, therefore putting herself and the school at risk for violating the Establishment
Clause. She has the freedom to do what she wishes in the classroom, but disclosing her religion
was an unnecessary and foolish step.
Another case, Stone v. Graham, 449 U.S. 39 (1980) focuses on the Establishment Clause.
This case is about a school district mandated rule that then 10 commandments be posted on the
wall of every classroom. The courts found that this violated the Establishment Clause, which
gives the freedom of what should and should not be posted in the classroom (Stone V. Graham).
Similarly, we could make a case about Miss. Whites decision to ban Christmas decorations.
While she has every right to display what she wants in the classroom, she cannot ban these
materials simply because they violate her religion if they have been put there are started by a
student.

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Conclusion
From these argument I conclude that the courts would find in favor of Miss.
White. She has every right to her religious freedom, as seen in West Virginia State Board of
Education v. Barnette, 319 U.S. 624 (1943), even if by expressing this freedom she is not
participating in something school wide. Decorating the classroom and exchanging gifts may be a
fun part of the educational experience to some, but it is in no way a necessary part of her job as a
teacher. She is full capable of performing her duties to the children regardless of her religion. I
found it hard to find much of an argument in favor of the school, and found that their decision
was hasty and based upon parental approval rather than legal grounds.

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References

Cole v. Oroville Union High School District, 228 F.3d 1092 (9th Cir. 2000). (n.d.). Retrieved
from http://www.firstamendmentschools.org/freedoms/case.aspx?id=1686
Stone v. Graham, 449 U.S. 39 (1980). (n.d.). Retrieved from
http://www.firstamendmentschools.org/freedoms/case.aspx?id=1422
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). (n.d.). Retrieved
from http://www.firstamendmentschools.org/freedoms/case.aspx?id=442
Zelman v. Simmons-Harris, 536 U.S. 639 (2002). (n.d.). Retrieved from
http://www.firstamendmentschools.org/freedoms/case.aspx?id=659