This sesยญsion, the Ohio Senate introยญduced Senate Bill 49 also known as The Religious Expression Days โR.E.D.โ Act. If passed it would give reliยญgious stuยญdents in pubยญlic schools three days off each year for reliยญgious reaยญsons. SHoWLE opposยญes this bill for the main reaยญson is it gives speยญcial privยญiยญleges to reliยญgious stuยญdents. We also donโt believe a law is needยญed since many school disยญtricts curยญrentยญly make accomยญmoยญdaยญtions for reliยญgious obserยญvances.
SHoWLE President Douglas Berger subยญmitยญted writยญten tesยญtiยญmoยญny to the Ohio Senate Education comยญmitยญtee. Here is the text of his remarks:
March 13, 2023
RE: Senate Bill 49 Opposition Testimony
Chair Brenner, Vice Chair OโBrien, Ranking Member Ingram and memยญbers of the Education Committee, my name is Douglas Berger, and I am President of the Secular Humanists of Western Lake Erie (SHoWLE) based in Toledo. On behalf of my memยญbers, I write to you to express our oppoยญsiยญtion to Senate Bill 49: The Religious Expression Days โR.E.D.โ Act.
We believe that the bill is well intenยญtioned, and we believe that it is seen as being โfairโ and โjustโ to stuยญdents who have reliยญgious beliefs and who may have been treatยญed difยญferยญentยญly by their pubยญlic schools when it comes to havยญing an excused absence to observe a reliยญgious holยญiยญday or obserยญvance. However, we believe this proยญposed law is NOT equiยญtable to all stuยญdents since it excludes the non-religious. It could unduยญly burยญden the reliยญgious by requirยญing them to regยญisยญter with the school disยญtrict to be allowed to pracยญtice their reliยญgion. It also creยญates an unfundยญed manยญdate on already strapped pubยญlic school disยญtricts and based on curยญrent legal preceยญdents Senate Bill 49 is simยญply not needยญed as a state law.
The 1st amendยญment of the US Constitution ensures govยญernยญmenยญtal neuยญtralยญiยญty in matยญters of reliยญgion. US Supreme Court Justice William O. Douglas wrote in 1961:
The โestabยญlishยญmentโ clause proยญtects citยญiยญzens also against any law which selects any reliยญgious cusยญtom, pracยญtice, or ritยญuยญal, puts the force of govยญernยญment behind it, and fines, imprisยญons, or othยญerยญwise penalยญizes a perยญson for not observยญing it. The Government plainยญly could not join forces with one reliยญgious group and decree a uniยญverยญsal and symยญbolยญic cirยญcumยญciยญsion. Nor could it require all chilยญdren to be bapยญtized or give tax exempยญtions only to those whose chilยญdren were bapยญtized.
The state canยญnot enact a law, for examยญple, that says pubยญlic school stuยญdents canยญnot be excused for any reliยญgious holยญiยญdays or obserยญvances. That would vioยญlate the 1st Amendment and would look hypยญoยญcritยญiยญcal since most schools are closed on Christmas and Easter. Why then should a proยญposed law that forces school disยญtricts to give speยญcial conยญsidยญerยญaยญtion only to stuยญdents who are reliยญgious be propยญer or needยญed?
According to some estiยญmates, there are roughยญly 4,200 reliยญgions, churchยญes, denomยญiยญnaยญtions, reliยญgious bodยญies, faith groups, tribes, culยญtures, moveยญments, ultiยญmate conยญcerns, which at some point in the future will be countยญless.
We are familยญiar with the big ones like Christianity, Judaism, and Islam but there are also hunยญdreds more like Paganism, Buddhism, Hinduism, Jainism, Sikhism, Confucianism, Shinto, Taoism, Bahai Faith, many Greek Catholic Churches, Eastern Orthodox Church, Oriental Orthodox Churches, Unitarianism, Gnosticism, Unification Church, Druze, Shia Islam, Sunni Islam, Sufism, Kabbalah, Orthodox Judaism, Humanistic Judaism, Wicca, Mongolian shamanยญism, Adat Puโun, Malaysian folk reliยญgion, Hawaiian reliยญgion, Sino-Tibetan, African Zionism, Black Hebrew Israelites, Deism, and Zoroastrianism.
Then we get to Africa and find Bantu, Louisiana Voodoo, Santeria, and in America we find lots more Native American reliยญgions like Alaska Native reliยญgion, Ojibwe spirยญiยญtuยญalยญiยญty, Cherokee folk reliยญgion, Aztec reliยญgion, Maya reliยญgion, and so onโฆ.
My point is that based on the curยญrent lanยญguage of Senate Bill 49, there would be a seriยญous issue tryยญing to accomยญmoยญdate all those reliยญgious beliefs. There are only 180 days on a school calยญenยญdar. The creยญatยญed obserยญvance calยญenยญdars would have no room for anyยญthing else but obserยญvances, feast days, and high holyยญdays.
Last legยญislaยญtive sesยญsion, a simยญiยญlar bill was passed that applied to colยญleges and uniยญverยญsiยญties. In one of the news artiยญcles about that bill, someยญone comยญmentยญed about the same probยญlem of too many reliยญgions and not enough days availยญable.
It would be natยญurยญal to limยญit what obserยญvances are accomยญmoยญdatยญed but a state law would not be able to limยญit what could be observed. We also wonยญder why the text of Senate Bill 49 sets the numยญber of days allowed at such an arbiยญtrary numยญber. The bilยญlโs sponยญsor offered no reaยญson for choosยญing 3 days.
We are also trouยญbled by the secยญtion of the bill applyยญing to teachยญers. Is it the intent of this legยญisยญlaยญture to make it hardยญer to staff pubยญlic schools by allowยญing teachยญers to take up to 3 days off each year and not putting any guardrails up like you did requirยญing stuยญdents to request the days off at the beginยญning of the year? Most if not all teacher conยญtracts have days off they can take if needยญed but they have to get it approved in advance because that classยญroom time has to be covยญered. This legยญisยญlaยญture is also conยญsidยญerยญing bills includยญing Senate Bill 11 that is in this comยญmitยญtee now, that would remove milยญlions of dolยญlars from pubยญlic school budยญgets. How will a disยญtrict strugยญgling under the weight of more budยญget cuts pay to covยญer for a teacher to be absent for a reliยญgious obserยญvance?
This brings me to our strongest objecยญtion to this bill. It excludes the non-religious. What if my 7th gradยญer wantยญed to take a day off to observe Charles Darwinโs Birthday? According to the lanยญguage of this bill and the intent of the sponยญsors it only proยญtects stuยญdents who have reliยญgious beliefs.
A proยญpoยญnent of this bill claimed that non-religious pubยญlic school stuยญdents have an advanยญtage over stuยญdents who are reliยญgious. They offered no proof or examยญple. I checked with some of the disยญtricts near me and found by and large they all have absence poliยญcies that allow for time off for reliยญgious obserยญvances and I know from my own perยญsonยญal expeยญriยญence it was not unusuยญal to see a lot of foreยญheads with ash crossยญes on Ash Wednesday in my pubยญlic high school.
Another proยญpoยญnent said that their reliยญgion could lead to an absence of 13 days for the death of a parยญent. I find it hard to believe any pubยญlic school disยญtrict would not make accomยญmoยญdaยญtions for that sitยญuยญaยญtion.
I could not find any conยญcrete examยญples beyond anecยญdoยญtal eviยญdence that disยญtricts are sysยญtemยญatยญiยญcalยญly disยญcrimยญiยญnatยญing against stuยญdents who want time off for reliยญgious obserยญvances.
Religion in pubยญlic schools is one of the most regยญuยญlatยญed and litยญiยญgatยญed areas of govยญernยญment. There have been countยญless court casยญes that helped corยญrect vioยญlaยญtions of the 1st amendยญment by school offiยญcials and disยญtricts. This law isnโt needยญed because if someยญone is disยญcrimยญiยญnatยญed in a pubยญlic school due to reliยญgion there are existยญing processยญes in place to corยญrect that. Parents have tremenยญdous powยญer to have their child excused for reliยญgious reaยญsons and schools will make accomยญmoยญdaยญtions to make up work or tests if the child doesยญnโt abuse that accomยญmoยญdaยญtion.
I symยญpaยญthize with stuยญdents who feel they have to choose between school and their reliยญgion, but pubยญlic school is not a priยญvate reliยญgious school. Students have to make comยญproยญmisยญes when attendยญing a pubยญlic school like attendยญing five days a week, or someยญtimes havยญing to attend on a parยญticยญuยญlar reliยญgious obserยญvance day. Students who feel they canยญnot make that comยญproยญmise can already ask for accomยญmoยญdaยญtion for an obserยญvance or they can attend a priยญvate school that caters to their reliยญgious beliefs while givยญing them an eduยญcaยญtion.
The 1st amendยญment proยญhibits the govยญernยญment from estabยญlishยญing a reliยญgion and court casยญes over the years say that the govยญernยญment should not show favoritism for one sect or many sects and that the right of the non-religious also needs to be proยญtectยญed. The govยญernยญment should remain neuยญtral in reliยญgious matยญters. That is why the lanยญguage of this bill makes a point to stress โa classยญroom teacher must accept withยญout quesยญtion the sinยญcerยญiยญty of a stuยญdenยญtโs reliยญgious or spirยญiยญtuยญal belief sysยญtem and keep alterยญnaยญtive accomยญmoยญdaยญtion requests conยญfiยญdenยญtialโ because to do anyยญthing else opens the school up to a lawยญsuit. So we know that is a conยญcern of the outยญside group who offered the text of the bill and it is a conยญcern for us too.
While I am heartยญened to read the writยญten proยญpoยญnent tesยญtiยญmoยญny from a variยญety of reliยญgious groups that they supยญport reliยญgious freeยญdom, I should point out that reliยญgious freeยญdom also means freeยญdom from reliยญgion. If a law will burยญden a reliยญgious belief or the non-religious, then the state needs a comยญpelling secยญuยญlar reaยญson for doing so and we feel Senate Bill 49 doesยญnโt meet that levยญel.
To me and my memยญbers, who are not reliยญgious, we see the lanยญguage of the bill givยญing a benยญeยญfit to the reliยญgious that the non-religious will not be allowed to have 3 addiยญtionยญal perยญsonยญal days off. How is that not going against the 1st amendยญment?
If you want to โproยญtectโ a stuยญdenยญtโs reliยญgious expresยญsion days, why not amend this bill, and make it truยญly secยญuยญlar in intent by removยญing all the lanยญguage about reliยญgion and reliยญgious beliefs and subยญstiยญtute โfor reaยญsons of conยญscienceโ.

