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Abstract.
This paper will discuss both sides of an argument involving religious rights if teachers. Religious
liberties are protected under the First Amendment, and apply to both students and teachers.
Teachers can not talk about religion for the purpose of promoting their beliefs, but they can
chose to not participate in certain activities that are not in conjunction with their religious beliefs.
The Free Exercise Clause of the First Amendment guarantees individuals the rights to
worship as they choose (Underwood Webb 2006). Wisconsin v. Yonder, reinforced the Free
Exercise Clause when the courts stated that, the state could not interfere with the free exercise
of religion unless it could show a compelling state interest in so doing (Underwood Webb
2003). Unless the school could prove that White, being unable to participate in religious or
secular holiday activities in school, could have a negative impact on students or her work, they
can not dismiss her from her current teaching position. Classroom parties, saying the pledge, or
singing happy birthday, do not qualify as being unable to meet the needs of her students. As an
Educator, Whites job is to teach the curriculum standards mandated by the state. The school
curriculum does not include celebrating holidays within the classroom, or singing happy
birthday. So, how could White be dismissed for not being able to meet the needs of her students?
In 1996, a substitute teacher was removed from a classroom for preaching his religious
beliefs. In Helland v. South Bend Community School Corp., the courts sided with the schools
stating, A school can direct a teacher to refrain from expressions of religious viewpoints in the
classroom and like settings (Hudson 2002). If the school truly believed that they were
dismissing White in order to avoid Establishment Clause problems, then the courts may agree
with the school.
When is comes to the Establishment Clause, the courts usually side in favor of the school.
When a teacher was asked to remove a t-shirt that read, Jesus 2000-J2K, Downing v. West
Haven Board of Education 2001, the courts wrote, In short, whatever First Amendment rights
were implicated by Downing wearing her T-shirt must give way to the defendants legitimate
concerns about a potential Establishment Clause violation in a public school (Hudson 2002).
Public school administrators have the right to address potential violations to the constitution. If
Whites actions could prove to be in potential violation, then the school would be affirmed in their
dismissal of White.
Based on previous court cases, the courts are likely to side with Karen White. White is
protected under the First Amendment. She has not violated the Establishment Clause, and unless
they can prove that she was in violation, or potential violation, then the school can not ask for
dismissal of a teacher. If they were to dismiss White, then they could face discrimination
charges. Whites religion does not interfere with her ability to teach the mandated standards to her
students. Therefore, she can meet the needs of her students, and the claim that she can not holds
no validity.