Portfolio 6

PORTFOLIO ASSIGNMENT #6: Religious Freedom for Teachers

Portfolio Assignment #6: Religious Freedom for Teachers Margaret E. Lewis College of Southern Nevada

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Introduction When a kindergarten teacher, Karen White, became a member of the Jehovah’s Witnesses, she began to follow a list of rules set for her by the religion. One of these rules was that she could no longer celebrate holidays. This includes decorating the classroom, singing Happy Birthday, or even reciting the Pledge of Allegiance. Upon informing her students and their parents that she could no longer participate in certain activities, she faced backlash from the families. After hearing several complaints from these families, the principal of Karen’s school recommended her dismissal. The purpose of this paper is to examine four relevant court cases and determine whether or not Karen’s dismissal is justifiable. Against Dismissal Hanover v. Northrup is the first case to be brought forward in Karen’s defense. This case involves a middle school teacher, Nancy Hanover, who would not recite the pledge of allegiance, much like Karen White refuses to recite the pledge of allegiance. Hanover disagreed with the final phrase of the pledge, "with liberty and justice for all," because she felt that statement was not reflective of the reality in America. This differs from Karen’s case in that Karen’s refusal is purely religious. Due to Hanover’s failure to recite the pledge every morning, the principal ordered her suspension, followed by termination of her contract by the school board. Hanover sued, claiming that her rights to free speech, due process, and equal protection were being violated. Because she allowed a student to lead the pledge in her stead, her actions caused no disruption of school activities, and she ultimately won the case. This suggests that as long as Karen allows her students to recite the pledge themselves, her refusal to do the same is inconsequential, and should not result in disciplinary action.

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The second case to be presented in Karen White’s favor is that of Cole v. Maine School Administrative District. A middle school social studies teacher, Gary Cole, was ordered by the District to modify his curriculum in order to appease certain individuals. Cole had been a teacher since 1969 and began teaching seventh grade social studies at Skyway Middle School in 1995. When he first began teaching this class, the curriculum covered the history of the eastern hemisphere, including culture and religion. This was in accordance with the standards set by the Maine Department of Education. However, at the beginning of the 1997-98 school year, Cole was approached by two women who were the granddaughters of a local Adventist reverend. Having discovered that his course material included learning about things their religion did not agree with, they expressed their anger to Mr. Cole. Following this interaction, Cole was instructed to switch from his current textbook to an outdated one, and to only teach European history (which conflicted with Maine standards). He was also restricted from teaching about Ancient Greece, the Middle Ages, or any material covered in ninth grade. Frustrated, Cole approached the Superintendent and suggested that the Adventists were running the district. His suspicions were confirmed. He took the school district to court, claiming that the district was, “violating his First Amendment rights by buckling to pressure from Christian fundamentalists and restricting his ability to teach his students about non- Christian religions.” Mr. Cole won. This correlated to Karen’s case in that her curriculum, too, was challenged by people who felt that their religion should be celebrated above the views of the teacher. In Karen’s case, she did not want to celebrate Christian holidays for the class. In Cole’s case, he did not want his curriculum to be restricted to the beliefs of fundamentalist Christians. Karen should not be forced to decorate the class or celebrate certain holidays just to appease religious parents.

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For Dismissal The first case to be used as evidence that Karen’s dismissal is justifiable is Palmer v. Board of Education of City of Chicago. This case heavily resembles Karen’s, as the teacher in this case also faced dismissal for being a practicing Jehovah’s Witness. Palmer, the teacher in question taught kindergarten, and prior to beginning work, she had informed the principal of the school that due to her religion, she would be unable to teach anything "anything having to do with love of country, the flag and other patriotic matters." The principal agreed to accommodate her; however, in the following months, the principal was bombarded by complaints from parents who were concerned that their children were receiving inferior instruction. Before the next school year, the principal instructed Palmer to go against her religion and incorporate holidays and the Pledge of Allegiance into her teaching. The kindergarten teacher refused to comply, and as a result, was terminated. Palmer sued, claiming that her religious freedom had been violated, but because she had failed to comply with a number of items on the curriculum, the case was dismissed. Due to the many similarities between this case and Karen’s, this is strong evidence to suggest that Karen could be dismissed justifiably. The final case with which to determine the justifiability of Karen’s dismissal is Roberts v. Madigan. This case centers around fifth grade teacher Kenneth Roberts. Not only did he keep a bible on his desk at all times, but he also kept two Christian books in his classroom library. During an open house, a parent saw the books and complained. Roberts was asked by the principal to remove the books, and he complied. The principal then noticed the bible on his desk, which she had asked him to remove on a number of occasions, and once again requested that he keep the book out of sight. On a separate occasion, the principal came upon Roberts

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reading the bible during his class’s approved fifteen minute silent reading time. She asked him once again to keep the bible out of sight during school hours. Though Roberts took the school to court, asserting that his First Amendment rights were being violated, the courts dismissed the case, deciding that the school district’s actions neither advanced nor inhibited religion, as per the Lemon test. This relates to Karen’s case in that Karen’s school was neither advancing nor inhibiting religion by asking her to keep her own religion out of the classroom. After examining these four court cases, it becomes clear that Karen’s dismissal is, indeed, justifiable. While Hanover v. Northrup suggests that Karen’s refusal to recite the pledge is protected, her refusal to celebrate any kind of holiday or otherwise follow the curriculum is not. This key difference is highlighted in Palmer v. Board of Education of City of Chicago, in which the teacher refused to comply with the curriculum in the same way as Karen did, and was terminated as a result. Karen’s dismissal is supported once again by is Roberts v. Madigan, in which the teacher in question was asked to keep his religion out of the eyes of his students, much like Karen was asked to forsake the principles of her religion in order to teach her students during school hours. While teachers retain their First Amendment rights, this is limited in the classroom. Teachers must not allow their beliefs to disrupt the class or curriculum, and Karen’s actions were disruptive. If she cannot comply with her school’s standards, her dismissal is fair.

PORTFOLIO ASSIGNMENT #6: Religious Freedom for Teachers

References Cole v. Maine School Administrative District No. 1 (UNITED STATES DISTRICT COURT DISTRICT OF MAINE December 3, 2004). Hanover v. Northrup (US District Court for the District of Connecticut May 1, 1970) (Justia, Dist. file). Palmer v. Board of Ed. of City of Chicago (U.S. District Court for the Northern District of Illinois January 31, 1979) (Justia, Dist. file). Roberts v. Madigan (U.S. District Court for the District of Colorado January 5, 1989) (Justia, Dist. file).

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