Americans United last month filed a formal request for records from the Ohio Office of Budget and Management (OBM) as part of an investigation into the state reportedly funding at least $3 million worth of construction and renovation at private religious schools.
In a legal analysis accompanying the records request, AU attorneys warned that Ohio’s earmarks of One Time Strategic Community Investment Fund (OTSCIF) grants for facilities of religious schools violates the religious freedom protections in both the U.S. and Ohio Constitutions by forcing taxpayers to support religious instruction. AU is urging the state to terminate the grants and refrain from distributing public money to religious schools, or restrict the use of the grants to facilities where religious instruction or activity will not occur.
“The separation of church and state guaranteed in our Constitution means that we each get to decide if, when and how to engage with religion. This protects both taxpayers’ religious freedom and the sanctity of religion. By forcing taxpayers to fund the buildings of private religious schools, Ohio is obliterating that promise of religious freedom,” said Rachel Laser, president and CEO of Americans United.
“This is all part of the Christian Nationalist playbook for undermining our public education system: Divert public money to private religious schools while imposing their religious beliefs on public schoolchildren,” Laser said. “Rather than funding private religious schools that can discriminate and indoctrinate, Ohio should focus on providing adequate resources to public schools that welcome and serve all families. Public funds belong in public schools.”
AU’s legal analysis notes that the OTSCIF grants to religious schools are unconstitutional even if the schools are participating in a private school voucher program. The U.S. Supreme Court ruled in the 2002 Zelman v. Simmons-Harris case that voucher programs are constitutional because public voucher funds go to families who decide at which schools to use the vouchers. In this grant program, the public money goes directly to private religious schools selected by the state legislature; families and taxpayers have no choice.
On Oct. 3, AU requested all OBM records and communications, including grant applications, awards, contracts, program rules and other documents, that relate to OTSCIF grants awarded to private schools, as well as applications for the grants from all other educational institutions. Religious schools that reportedly received grant money include Bellefontaine Calvary Christian School, Cornerstone Community School, Holy Trinity Orthodox Christian Academy and Preschool, Mansfield Christian School, St. Edward High School, St. Mary School, Temple Christian School and Victory Christian School.
The requests were made in the public interest, so that AU and its Ohio members can determine whether those entrusted with the affairs of government are honestly, faithfully and competently performing their duties as public servants.