Ohio HB 445

In Ohio, the debate over religious freedom and public education is reaching a crucial juncture with the introduction of HB 445. This proposed bill aims to amend the existing law to ensure that public school districts "shall" permit the release of students for religious purposes during school hours with parental consent. This change from a "may" to a "shall" requirement is not only a reasonable adjustment but also an essential reinforcement of fundamental parental rights and religious freedoms as guaranteed by the Constitution.

The Constitutional Foundation

The First Amendment of the United States Constitution explicitly protects religious freedom, stating, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This dual protection is designed to prevent government endorsement of religion while safeguarding individual religious practices. Historically, the Supreme Court has navigated this delicate balance, ensuring that the state neither advances nor inhibits religion.

In Everson v. Board of Education (1947), the Supreme Court affirmed that the Establishment Clause applies to state laws through the Due Process Clause of the Fourteenth Amendment. This decision reinforced the principle that state laws must respect religious freedoms. Later, in Lemon v. Kurtzman (1971), the Court established a three-pronged test to determine the constitutionality of government action related to religion: the action must have a secular purpose, must not advance or inhibit religion, and must not foster excessive government entanglement with religion.

The Supreme Court further refined its approach in Kennedy v. Bremerton School District (2022), emphasizing a historical understanding of religious freedom and highlighting the complementary nature of the Establishment and Free Exercise Clauses. This perspective underlines the importance of minimizing government interference in religious practices.

Legal Precedents for Released-Time Programs

Released-time programs, where students are permitted to attend religious instruction during school hours, have a longstanding history in the United States. These programs were upheld by the Supreme Court in Zorach v. Clauson (1952), which affirmed that such accommodations do not violate the Establishment Clause provided they are conducted off school premises and without public funding. Justice William O. Douglas stated that accommodating the religious needs of students follows the best traditions of our society.

Despite the outcome of McCollum v. Board of Education (1948), which found a released-time program unconstitutional due to its use of public school property for religious instruction, the Zorach ruling has provided a solid legal basis for the existence of released-time programs. The difference in these cases highlights the importance of ensuring that religious instruction is separate from public school activities and funding, thereby maintaining the necessary separation between church and state.

Current Situation in Eaton

The necessity of HB 445 becomes evident when examining the current situation in the City of Eaton. The Eaton Community School Board is denying parents and students their fundamental rights under established legal frameworks to permit their child’s release to LifeWise Academy, a well-recognized religious non-profit Christian education program. This policy effectively denies students the opportunity for religious instruction during school hours, significantly limiting their religious freedoms.

This denial is not just an inconvenience; it is a direct infringement on parental rights and religious liberty. Parents should have the authority to decide the best educational and moral path for their children, including the option to participate in religious instruction during school hours. The existing policy undermines this fundamental right and contradicts the long-standing legal precedent that supports released-time programs.

Conclusion

Supporting HB 445 is not just about endorsing a legislative change; it is about affirming the fundamental rights of parents and students to religious instruction during school hours with parental consent. This bill is a critical step in ensuring that Ohio's laws align with the constitutional principles of religious freedom and parental rights. It represents a simple, reasonable, and necessary change to Ohio law to ensure that the Free Exercise Clause of the First Amendment is fully respected in our public schools. We urge the Ohio Legislature to pass HB 445 and uphold the rights and freedoms that are the cornerstone of our democracy.

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Sign the Petition

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Eaton Community School Board Must Uphold the 1st Amendment - Online petition In recent months, the Eaton Community School District (ECSD) has found itself at the center of a significant controversy involving the infringement of First Amendment rights, particularly those pertaining to religious freedom under both the establishment and free exercise clauses. The actions taken by the school district have not only caused emotional distress but have also infringed upon the fundamental rights of parents to direct the religious upbringing of their children. This situation has p www.openpetition.org⁠

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