Artifact #6 Religion and Public Schools 1

Artifact #6

Religion and Public Schools

Nicole Lightell

EDU 210

November 13th, 2015

Artifact #6 Religion and Public Schools 2

In the twentieth century the Supreme Court recognized that the Fourteenth Amendments

fundamental concept of liberty incorporates First Amendment guarantees and safeguards them

against state interference. Karen White, a teacher, informed the parents of her students that she

could no longer lead certain events or partake in certain projects because they were religious in

nature according to her newly acquired affiliation with the Jehovahs Witnesses. This meant that

she could no longer garnish the classroom for holidays or plan for gift exchanges during the

holiday season. She also would not sing Happy Birthday or recite the Pledge of Allegiance.

Parents protested and the school principal, recommended her dismissal based on her ineffectively

meeting the needs of her students.

In Everson vs. Board of Education, the Supreme Court concluded that the Establishment

Clause means, neither a state nor the Federal Government can set up a church (McCabe, 2009).

If the Establishment Clause violation is found, the unconstitutional government activity must

cease. If government action is found to impair the Free Exercise Clause, accommodations to

enable individuals to practice their belief may be required, but the secular policy or program

would not have to be eliminated (McCabe, 2009). Is Karen refusing to delivery her duties based

on her religion? Is her dismissal justifiable? One argument could be say no. She refuses to

decorate for holidays, even though courts seem likely to continue to strike down the display of

sectarian documents in public schools, even though the objective recognition of religious

holidays will withstand scrutiny as long as faiths are not compromised (McCabe, 2009).

Karen not being able to say the Pledge of Allegiance means she could not, if she had to,

teach patriotic themes. To illustrate, the Seventh Circuit upheld a school boards dismissal of a

kindergarten teacher who, for religious reasons, refused to teach patriotic topics. In Palmer vs.

Board of Education, a Chicago Public Schools teacher who objected to participating in certain
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patriotic aspects of the curriculum as a result of her affiliation with the Jehovahs Witness

religion (Aretos).

Palmer viewed the teaching of patriotism as a kind of idolatry, and her religion forbade

her from such activities as participation in the pledge of allegiance, singing of patriotic songs,

and celebration of certain national holidays. After Palmer was hired but prior to the

commencement of classes, she described the situation to her principal; the school made attempts

to accommodate her special circumstance, but the school system claimed that doing so could not

be reasonably accomplished (Aretos). The district court upheld the defendants motion for

summary judgment, but Palmer pressed on to the appeals court. In the end, the school system

won; the court felt that the plaintiffs foreknowledge of the curriculum and the state interest in

teaching the national heritage trumped her claims to religious freedom. Religious freedom, the

court said, involves practicing ones own religion, but not depriving others of knowledge

because of it (Aretos). With reference to this case, it would seem Karen would be allowed to not

participate in anything religious as long as it did not interfere with her teaching what is on her

curriculum.

In conclusion, the Free Speech Clause increasingly seems to prevail over Establishment

Clause restrictions in protecting religious expression in public schools. The concepts of equal

access and equal treatment for religious groups and expression seem to have replaced the

principle of church and state separation (McCabe, 2009).

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Sources:

1. McCabe, N., & McCarthy, M. (n.d.). Legal rights of teachers and students (Third ed., pp.
41-69).
2. FindLaw's United States Seventh Circuit case and opinions. (n.d.). Retrieved November
13, 2015, from http://caselaw.findlaw.com/us-7th-circuit/1353428.html