Artifact 6

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Portfolio Artifact #6
Artifact #6
White v Board of Education
Stanley Koslowski
College of Southern Nevada
May 10h, 2018

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Karen White is a kindergarten teacher and she recently became affiliated with the
Jehovah’s Witnesses. She informed her parents and students that she could no longer lead certain
activities or participate in certain projects because they were religious in nature. She could no
longer decorate the classroom for holidays or do any gift exchanges for Christmas and she could
say happy birthday or recite the pledge of allegiance. This caused the parents to protest and Bill
Ward, the school principal, recommended Ms. White she should be dismissed because of her
ineffectively meeting the needs of her students.
My first case in support of Ms. White is Wisconsin v Yoder (1972). In this case the court
concluded that enforcing a state compulsory attendance law against Amish children after they
had completed the eighth grade, infringed on their free exercise of religion rights. In this case the
Amish children have the Free Exercise Clause of the First Amendment which guarantees an
individual the right to worship as they choose. The U.S. Supreme Court concluded that this
infringed on their free exercise of religious rights. In the case of Ms. White, she has the right to
worship her religion as she likes, and the school can’t take away her right to free exercise of
religion and they can force her to do activities that go against her Jehovah’s Witnesses religion.
So, Ms. White should not be dismissed because of the Free Exercise Clause of the First
Amendment and Principal Ward is in the wrong for trying to infringe her of expressing her
religious views.
My second case in support of Ms. White is West Virginia State Board of Education v
Barnette (1943). In this case the Board adopted a resolution requiring students and teachers to
salute the flag and recite the Pledge of Allegiance in school. A student’s failure to do so was seen
as insubordination and resulted in suspension. The Court ruled the West Virginia State School
Board’s actions as unconstitutional because as a Jehovah Witness, the student is forbidden from
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honoring the flag. As a Jehovah Witness there are certain things that go against the religion and
the Pledge of Allegiance is one of them so in this case the court sided with the student because
the student has the right to their freedom of religion and its unconstitutional to take that right
away. In the case of Ms. White, as a Jehovah Witness, she has the right to express her religion
and, in her religion, not standing and participating in the Pledge of Allegiance is something they
do. She should not be dismissed because she is using her freedom of religion clause and can’t be
disciplined for it.
My first case in support or Mr. Ward dismissing Ms. White is Clever v Cherry Hill
Township Board of Education (1993). In this case the Court upheld that it is permissible for
public schools to display religious holiday symbols in school calendars as long as it is absent of
denominational preference. Mr. Ward said Ms. White’s dismissal was based on the fact that she
was ineffectively meeting the needs of her students because she wasn’t celebrating and
participating in the holiday or certain other activities. Ms. White can’t get rid of all of it because
Mr. Ward wants her to effectively meet the needs of her students and the teacher can’t take away
the student’s rights to participate in certain activities that her religion doesn’t allow. But the
school has to teach these activities because they are absent of denominational preference. So Ms.
White must do certain activities so she can meet the needs of her students because if she can’t
then Principal Ward can dismiss her.
My second case in support of Mr. Ward dismissing Ms. White is Florey v Sioux Falls
School District (1979). In this case there was an atheist who thought it was wrong for the schools
to have holiday programs that sing religious Christmas songs. The Court concluded that the
programs and study of the religious songs were constitutional because it was teaching
students about cultural and religious heritage. In the principal’s defense, as long as the activities
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show a purpose of the advancement of the student’s knowledge of cultural and religious heritage,
then Ms. White should be able to involve herself in such activities so that the students’ needs are
met in an educational manner. This will allow her to not completely forgo activities and projects
because they are religious in nature. Ms. White only has to do these activities if they are for the
needs of her students but if they are not then she does not have to participate in them.
Ms. White should not be dismissed because she is exercising her freedom of religion but
there also must be some wiggle room on her side of things because if there is an activity that
meets the needs of the student she must do them. There should be a meeting between her and the
Principal that way they can discuss what Ms. White will and will not participate depending on
the needs of the student and depending on what goes against her religion. She should not be
dismissed though because she has the Free Exercise Clause of the First Amendment which
guarantees an individual the right to worship as she chooses. Ms. White is well within that clause
and Principal Ward cannot dismiss her but they can find a way so that she still meets the needs of
her students and she observes her religion and expresses it.
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References
Clever v. Cherry Hill Township Board of Education (1993). (n.d.). Retrieved May 12, 2018,
from http://www.belcherfoundation.org/clever_v_cherry_hill.htm
Florey v. SIOUX FALLS SCH. DIST. 49-5, 464 F. Supp. 911 (D.S.D. 1979). (n.d.). Retrieved
May 12, 2018, from https://law.justia.com/cases/federal/district-
courts/FSupp/464/911/1520042/
West Virginia State Board of Education v. Barnette. (n.d.). Retrieved May 12, 2018, from
https://www.law.cornell.edu/supremecourt/text/319/624
Wisconsin v. Yoder, 406 U.S. 205 (1972). (n.d.). Retrieved May 12, 2018, from
https://supreme.justia.com/cases/federal/us/406/205/case.html

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1

White v Board of Education

College of Southern Nevada

May 10h, 2018

ineffectively meeting the needs of her students.

disciplined for it.

then Principal Ward can dismiss her.

May 12, 2018, from https://law.justia.com/cases/federal/district-

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