Running head: FREEDOM OF RELIGION 1

Is There Any Freedom of Religion in Schools Districts?

Jose Chaidez

College of Southern Nevada

Education 210
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How far is “freedom” from becoming slavery in the United States? A case to show the

reality of freedom in school districts comes to a kindergarten teacher named Karen White who

informed the parents and pupils that she was a new member of the Jehovah’s Witnesses. As a

new member of such religion, the instructor also notified the parents and students that she was

not allowed to decorate the classroom in Christmas season adding she could no longer sing

“Happy Birthday,” and recite for the Pledge of Allegiance. Bill Ward, the principal of the school

dismissed White from her job because he stated that she was ineffectively meeting the needs of

her students. Was Ward right in dismissing White because of her newly religious association?

First case that supports the school principal Ward’s decision is Palmer v. Board of

Education (1979). In this particular case, a kindergarten teacher was dismissed from her job

because she was also a Jehovah’s Witnesses member. The teacher stated that she was not

allowed to do “anything having to do with love of country, the flag and other patriotic matters.”

The school principal tried to help her by assigning volunteer parents or a student teacher to teach

the students about matter of patriotism. The instructor was not allowed to do activities during

holidays. For example, the teacher could not do activities for Christmas, Columbus Day,

Thanksgiving and all other holidays. However, the instructor still did not teach the students

about patriotism and holiday celebration when she did not have volunteer parents or the student

teacher to assist her. The school principal sent a letter to the instructor before her second year of

teaching at the school with instruction of all the activities she had to do in her duties as a

kindergarten teacher. The Jehovah’s Witnesses instructor only agreed to do two of the instruction

form the school principal and therefore the school principal decided to dismiss her. The teacher

dismissed came from the perspective that a kindergarten teacher had to teach the students matter

they had to learned in kindergarten. Also, the court stated that teachers have freedom of religion;
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freedom to believe and act based on their religion. However, the court state that students are not

required to submit to the teacher’s view on their religion. Also, a teacher has to teach the

students the content of the class without blocking a portion of the education. Therefore, the court

denied the teacher’s appeal where the school principal dismissed her was a violation to her

freedom of religion under the First Amendment of the Constitution. White was supposed to teach

the students on the matter of what kindergarten’s students are supposed to learn. White’s religion

is blocking a portion of what the student’s education and she has to constitutional right to do

that.

A different case that support the school principal’s decision is LeVake v. Independent

School District (2001). In this case, a high school science’s teacher was fighting against the

school district, superintendent, principal, and curriculum director for violating his rights of free

exercise of religion, free speech, and due process. Rodney LeVake was reassigning to another

class after the school principal that LeVake did not teach the human evolution section the way he

was instructed to do due to his religion’s base of beliefs. The school principal decided to reassign

LeVake to a different class (biology class), because he violated his mannered curriculum. The

court agreed with the objection of the demandant and it was also stated that LeVake did not had

the right to not teach the evolution of human because it was blocking portion of education

towards the student. It is similar to Karen’s case, because she also had a curriculum she agreed

before becoming a teacher. White had to teach what a kindergarten’s teacher is supposed to teach

and without respecting the class curriculum, White is blocking the student’s education, all due to

her new religion association with the Jehovah’s Witnesses.

There is also a case that support the kindergarten teacher White’s side. One case that

supports her side is the Stone v. Graham (1980). In this case, parents in Kentucky were going

against the laws of the state, because they wanted to post a copy of the Ten Commandments in

each classroom of the public school. Court stated that Kentucky’s law violated the Establishment

Clause of the Constitution, because the parents’ action to post the Ten Commandments in the

classrooms had nothing to do with arguably secular matter. The parents’ action had nothing to do

with murdering or stealing, but it was seen more as a concerned matter of a worship to God.

White was not killing or stealing the students when she refused to celebrate holidays and sing the

Pledge of Allegiance. White’s religion has a concerned matter of beliefs and not arguably secular

matter. White was protected under the Establishment Clause because she is a teacher inside her

classroom. She is not teaching outside of school, all her actions as a teacher happens inside the

classroom.

A second case that supports Karen’s side is the Wisconsin v. Yonder 406 US 205 (1972).

In this case, a group of parents were being prosecuted by the Wisconsin law where they were

forcing their children to attend to public school after they graduated from eighth grade because

they were still under the age of 16. The family was a religious family from Amish. And

attending high school was against their religion’s beliefs. Court concluded that a law enforcing

the Amish kids to attend to public school was being infringed by Wisconsin law because under

they have free exercise of religion under the First Amendment. Karen White has the freedom to

exercise her religion under the First Amendment. If White’s religion prohibits her from singing

the Pledge of Allegiance, Happy Birthdays and activities on holidays, then she is not forced to go

against her religion. The school principal Ward is infringing White’s free exercise of religion by

dismissing her due to her religion’s beliefs.

Therefore, I think the instructor Karen White should be dismissed from her job because

she cannot complete her duties as a teacher due to her new religion’s beliefs. My answer is

backed up by the case of Palmer v. Board of Education (1979). Palmer was also a kindergarten

teacher who could not do certain educational activities for her students because she was a

member of the Jehovah’s Witnesses. The court clearly stated that Palmer had freedom of religion

under the First Amendment as long as her beliefs and/or acts did not block part of the students’

education. Palmer’s religion did not allow her to relate anything patriotism and holidays.

Kindergarten are students who are there to learn about those factors, therefore, Palmer was

obstructing part of the students’ education. Students assist to school to fully learn about the

subject they are enroll, teacher are there to fully explain the definitions and information of the

subject. If Karen cannot teach some parts of what is in her curriculum to teach, then she have to

be dismissed.
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References

LeVake v. Independent School District 656 F., MI. (D. MI. 2001)

Palmer v. Board of Education of City of Chicago, 466 F. Supp. 600 (N.D. Ill. 1979)

Stone v. Graham 449 U.S. 39 (1980)

Wisconsin v. Yonder 406 US 205 (1972)