West+Virginia+State+Board+of+Education+v.+Barnette

=**__West Virginia State Board of Education v. Barnette__**=

In 1942, the young daughters of Walter Barnette, students in a West Virginia public school, refused to salute the flag of the United States America because of their religious as a Jehovah's Witness. As a result, the group of students were expelled from school because failure to salute the flag was considered //insubordination//. Following the expulsion, Walter Barnette would be charged a fine of $50 and/or jailed for up to 30 days for every day his daughters weren't at school. They were considered //unlawfully absent.// Walter Barnette sent his daughters to school, even though they were sent home, to avoid such a penalty.

Walter Barnette brought suit to the US District Court defending his family and others who faced similar situations.

This case follows the 1940 //Minersville School District v. Gobitis// decision, which forced all students, despite religious or other beliefs, to pledge allegiance to the flag of the United States. In this case, a Philadelphia District and Pennsylvania Circuit court both agreed it was //unconstitutional// to make any student pledge allegiance to the US Flag. Following those two decisions, the Minersville School District appealed to the US Supreme Court, where an 8-1 decision //upheld// the mandatory flagsalute. Supreme Court Justice Felix Frankfurter wrote the majority decision.




 * Back to West Virginia State Board of Education v. Barnette**

The state's principal argument was that Barnette raised no substantial question because of the decision of Minersville School District v. Gobitis, a case only 3 years prior.

Barnette's argument was heard by attorney Hayden Covington. He cited a mixture of Jehovah's Witnesses Bible Teachings and Constitutional arguments, specifically the First Amendment (Freedom of Religion and Freedom of Speech). A specific bible verse from Exodus, Chapter 20, verses 4 and 5 says: "Thou shalt not make unto thee, any graven image, or any likeness of anything that is in above, or that is in earth beneath, or that is in the water under the earth; thou shalt not bow down thyself to them nor serve them." Covington argued that the US Flag is an "image" in this verse.


 * Supreme Court Rul **** ing [[image:judabusinesseducation/Jackson.jpg width="159" height="174" align="right" caption="Supreme Court Justice Robert Jackson"]] **

In a 6-3 decision, the Supreme Court overruled the decision in Minersville School District v. Gobitis and held that forcing any student, regardless of religion, was unconstitutional. Justice Robert Jackson wrote for the majority, citing //Stromberg v. California// //(a case// // that said it was unconstitutional to prohibit the banning of red flags). //


 * Because of this Ruling: **

The Supreme Court began to use the verdict from //West Virginia State Board of Education v. Barnette// as a barometer in many religious hearings. Specifically in //Sherbert v. Verner (1963)// the Court upheld a 7th Day Adventist's claim to unemployment benefits even though she declined to work on Saturdays. Saturday is considered her Sabbath Day. Also, in //Yoder v. Wisconsin (1972)//, the Court upheld the rights of Amish parents not to send their children to public schools past the 8th grade.



Created by: Mr. Pickett