I FOLLOW MY BELIEFS 1

I Follow My Beliefs

Ryan Martorello

College of Southern Nevada

I FOLLOW MY BELIEFS 2

I Follow My Beliefs

Religion is a touchy subject to cover when it comes to it being on school

premises. For Karen, a kindergarten teacher, she was very open and directs to her kids

parents about her certain religion beliefs. The parents were discouraged about the

situation and informed the school about this issue. Karen had believed to be apart of

Jehovahs Witness, which had meant she would not participate in classroom decorations

for Christmas, sings Happy Birthday, and other forms of celebratory activities. The

principal was notified and filed for her dismissal. Who is right in this sense, the school or

Karen? Does it really matter if a teacher cannot perform those actions for her students?

Let us look at the pros and cons of the scenario to analyze and decipher an answer to the

side that would be in favor.

Let us look at the defendant, which would be Karen in this case. In her defense

she is not obligated to lead or perform any of those actions that she stated to the parents.

Looking at the most used case to defend anyones self right to enact a certain behavior in

any way would be, Tinker v Des Moines. The popularized case that exercised the first

amendment for freedom of speech, religion, etc. Looking at that aspect. Karen does not

need to be the leader in telling the kids to do something relating to a pledge of allegiance

or decorate her room to a certain fashion accustomed to a certain holiday. She has the

self-right to do what she pleases and run her classroom accordingly to her way of being

set up. Score one for Karen, but alas, now let us see how the school community would

win in favor of this.

I FOLLOW MY BELIEFS 3

Looking at the school siding in this scenario, the school can take affirmative

action to this because of certain delegating towards a school policy. In the case,

Wisconsin v Yoder, it states that you are allowed to believe in what you want due to the

Free Exercise Clause, but you are not totally open to do as you please. Due to most of the

things Karen could not do, it would be right for the school to win in favor of this case,

because kindergarten is where kids want to have fun and decorate stuff for the holidays

and have fun in their class doing activities just as such. Her saying she could not do that

is like saying this school year for you will be boring. The school scores one for them in

this aspect. Now that we have analyzed the good, it is time for the bad part where the

decision would not fall in favor.

Karen seems very devoted to her religion and it seems that that is the reason why

it could get in the way of her teaching plans for her students. The kids throughout the

year would be so focused on the holidays and wanting to be active to decorate the room,

and do holiday activities, but Karen believing so strongly in her beliefs could topple over

her and she would deny the students fun. In the case, Hazelwood School District v

Kuhlmeier, the school came back to rule a decision on a girls mural that the principal

could restrict it. That is basically what could apply to Karen, she could have her views

and beliefs, but being that she is in her work environment, she could be restricted on

some religious views because it could be deemed necessary for the school to enact. Karen

could be on the bad bone of this, but so could the school!

Looking at if Karen would not win this case, we have to look at if the school were

to lose this case as well. The school could lose due to lack of evidence towards to the

judge or jury who would be making the decision. These comments in regarding of the
I FOLLOW MY BELIEFS 4

dismissal of Karen would be all opinionated. These are parents just making remarks to

the school about a certain teachers religious beliefs. Looking at the case, Downing v

Haven Board of Education, the main aspect of the case is that the teacher was in favor

because there was nothing wrong with what her shirt said. It could be applicable to

Karen. Sure she has her beliefs, but if the school called over the intercom and announced

that they were going to say the pledge the students could stand on their own and say the

pledge. Now that we have seen both sides of the story, I will conduct my judging decision

on how I would rule this case.

Analyzing everything and taking into consideration of the cause, I believe that

Karen would win this case and be in favor. As stated, the school cannot limit her right to

exercise what she believes in. Reiterating the recently stated court case, Downing v

Haven Board of Education, Karen can do what she wants when it comes to her religion

and beliefs, but as long as it does not affect the way she educates her class. If the parents

do not want the teacher to teach the kids based on those statistics then they can move

them out of the class and into a different one. It seems for Karen that all that she was

accused for was opinionated accusations. I believe that that is someone you cannot

dismiss a teacher for. They could have a real amazing work ethic, but just because they

do not believe in exercising things in the classroom parents would think a teacher would

do, does not mean they should be dismissed. Thank you for attending, Judge Martorello

is leaving the courtroom.

I FOLLOW MY BELIEFS 5

References

Underwood, J., & Webb, L. D. (2006). School law for teachers: Concepts and
applications. Upper Saddle River, NJ: Pearson/Merrill Prentice Hall.

Downing v Haven Board of Education

Hazelwood School District v Kuhlmeier

Tinker v Des Moines

Wisconsin v Yoder