Freedom of Religion 1

Freedom of Religion in schools

Bella Sanabria-Roman

College of Southern Nevada

Freedom of Religion 2

Abstract

In this paper I will be examining freedom of religion. I will seek to explore the situation of Karen

White, a kindergarten teacher who has just informed her class that she will be unable to

participate in certain classroom projects because they conflict with her religion. The school

claims that because of this she is not meeting the needs of her students and should therefore be

dismissed. I will examine what grounds each party has using court cases to support each partys

argument.

Keywords: Freedom of religion, court case, first amendment

Freedom of Religion 3

Freedom of expression in schools

Summary

A kindergarten teacher named Karen White recently let students and parents know that

her being a Jehovahs Witness would prevent her from participating in certain classroom

activities. For example she would no longer be able to decorate the classroom for holidays or

plan gift exchanges. She would also be unable to participate in reciting the pledge or singing

happy birthday. After parents protested, Bill Ward the school principle suggested that she be

dismissed due to her inability to meet her students needs.

Arguments

For Karen White

The first case I will be using to argue for Karen White is Wisconson vs Yoder (1972). In

this case the courts found that the state could not interfere with the free exercise of religion

unless it could show a compelling interest. (Underwood) The court in this case ruled that it was

not a compelling interest to keep Amish children in school past eight grade and that doing so

infringed on their free exercise of religion rights. Since the childrens basic educational needs

had been met the school had no compelling interest. (Underwood) Similarly, in the case

regarding Karen White the state has no compelling interest when it comes to grounds for

dismissal. She is able to adequately meet the needs of her students education and the only things

that she is unable to do is pertain to holidays which are not necessarily educational. If Karen

White can still educate her student on secular subjects such as reading, math, science, etc then

the state has no compelling interest in dismissing her.

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Freedom of Religion 4

The second case I will be using to support Karen White is Lemon V. Kurtzman (1971). In

this case the courts established a three part test called the Lemon test in order to help

determine if a government action passes under the establishment clause. (Underwood) The lemon

test consists of three prongs that must be met in order for an action to be deemed constitutional.

In this situation two of the three prongs have not been met. The first question is Does the action

or policy have a secular legislative purpose? (Underwood) With regards to this question the

state does not have a legislative purpose in dismissing Karen White. If she is able to meet the

academic needs of her students then dismissing her is not secular in its purpose but rather

religious as it would be on the basis of her religion. The second question in this test is Does the

primary effect neither enhance or inhibit religion? In regards to this question we can see that

Karen Whites religion is being inhibited because she is not allowed to practice it freely. For the

fact that the states action did not satisfy all three prongs they have no grounds for dismissal.

For School District

Peloza v. Capistraono USD (1969) is the case I will be using in my argument for the

school districts decision to dismiss Karen White. I will be arguing that the school dismissed her

on grounds that they did not want to appear to be sponsoring a religion. Doing so they would be

violating the Establishment clause. In the case Peloza v. Capistraono it was ruled that the school

could limit the teachers speech during contract time if it would constitute an establishment of

religion. (Dorman) The court stated Peloza's discussions would constitute an establishment of

religion, the District may permissibly limit those discussions, even though such limitations

restrict Peloza's free speech (Dorman) Similarly, Karen White also is establishing her Religion

by informing students that she is not able to participate in certain activities because of her
Freedom of Religion 5

religion. Since she is a government worker teaching during contracted time her speech should be

limited because it would violate the establishment clause.

The second case I will be presenting in favor of the school districts decision is Lemon V.

Kurtzman (1971). In this case the Lemon test was established. (Underwood) The School

districts decision to dismiss Karen White passes all three of the questions in the lemon test. The

first question in the Lemon test is does the action have a secular legislative purpose?

(underwood) and the school in this case is dismissing her not on the grounds of her religious

beliefs but her inability to perform tasks necessary in the classroom. The second question in the

Lemon test is Does its primary effect neither advance nor inhibit religion? (Underwood) In the

case since the choice to dismiss Karen White was in order to prevent the advancement of religion

in the classroom. White would be unable to carry out certain activities as a teacher due to her

religion. It is not inhibiting her religious beliefs because allowing her to do so infringes on other

students religious freedoms and therefore advances her religion. Finally, the last question asks,

Does the policy or action foster an excessive government entanglement with religion? The

answer to this is no because the School District dismissed Karen White because she was not able

to perform certain aspects of her job. Therefore since the decision was not a religious one she

should be dismissed.

Conclusion

My conclusion is that the strongest argument lies with the school district. Since

Karen White is a government worker and on contracted time her speech regarding her religion

can be limited. That includes her refraining from participating in certain activities. I feel that in

the classroom it could be viewed as an establishment of religion to refrain from participating in

certain activities. Especially if all teachers are expected to carry out these activities and their
Freedom of Religion 6

purpose is an educational one. I could see the ground for the argument that, she is performing all

other tasks and teaching students the necessary material however, since the school ultimately

does not want to appear to be sponsoring one religion over the other I think that the School

District has a stronger case.

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References

Dorman, C. (n.d.). Peloza v. Capistrano Unified School District. Retrieved November 24, 2016,

from http://www.talkorigins.org/faqs/peloza.html

Underwood,J.,&Webb,L.D.(2006).Schoollawforteachers:Conceptsandapplications.

UpperSaddleRiver,NJ:Pearson/MerrillPrenticeHall.