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Judge Rules Against Catholic Families in Sylvania Bus Dispute

Images of Sylvania school bus

On Tuesday 3/19, Lucas coun­ty Judge Stacy Cook ruled that the Sylvania City School District bus trans­porta­tion plan for stu­dents of non-public schools does­n’t vio­late Ohio law or con­sti­tu­tion.

Back in 2022, a cou­ple of fam­i­lies that send their chil­dren to a catholic school in Sylvania, filed a law­suit because their chil­dren had to be picked up hours before their school start­ed, trans­port­ed with old­er stu­dents, then dropped off at a high school to trans­fer to anoth­er bus, to arrive at their catholic school. The par­ents thought it was unlaw­ful and vio­lat­ed the equal pro­tec­tion and reli­gious free­dom claus­es of the Ohio con­sti­tu­tion.

From the rul­ing:

“The evi­dence sub­mit­ted by plain­tiffs con­sist of sev­er­al affi­davits by the par­ties and a non­par­ty spouse. These affi­davits recite that they choose Catholic edu­ca­tion because of their per­son­al Catholic faith. The affi­davits also recite the var­i­ous incon­ve­niences the Plaintiffs and their chil­dren face because of the District’s trans­porta­tion scheme. However, the Court finds that Plaintiffs have offered no evi­dence of any coer­cive effects on their reli­gious prac­tice: there is no evi­dence that the trans­porta­tion plan has com­pelled Plaintiffs to do any­thing for­bid­den by their reli­gion or that it has caused them to refrain from doing some­thing required by their reli­gion. Plaintiffs have also not offered any evi­dence that the trans­porta­tion plan has com­pelled them to affirm or dis­avow a belief for­bid­den or required by their reli­gion. Accordingly, the Court finds that Plaintiffs have failed to demon­strate any coer­cive effect upon their reli­gious prac­tice. The Plaintiffs have there­fore failed to show that Defendants’ trans­porta­tion plan vio­lates their right to free exer­cise of reli­gion under the Ohio Constitution.

The Court finds against Plaintiffs as to their claim that Defendants’ trans­porta­tion plan vio­lates their right to free exer­cise of reli­gion under the Ohio Constitution. Again, the pre­sump­tion that a leg­isla­tive act is con­sti­tu­tion­al applies to the Board’s trans­porta­tion plan. With this pre­sump­tion the Court finds in favor of Defendants as to Plaintiffs’ free exer­cise claim.”

JENNIFER A SWIECH, et. al., v. BOARD OF EDUCATION OF THE SYLVANIA CITY SCHOOL DIST., et. al.,

Both par­ties had asked for a sum­ma­ry judge­ment since the facts in the case weren’t in dis­pute. In the orig­i­nal law­suit the fam­i­lies asked the court for an injunc­tion to order the school dis­trict to “fix” the trans­porta­tion plan. Judge Cook said the court could­n’t do that, it could only rule if the dis­tric­t’s act was law­ful and not uncon­sti­tu­tion­al.

The orig­i­nal law­suit was dis­missed by the par­ents on August 30, 2022. Parents refiled on September 16, 2022 and asked for class action sta­tus and removed all ref­er­ences to the 1st amend­ment to keep it out of Federal court. The class action was nev­er cer­ti­fied.

A lawyer for the fam­i­lies, who was one of the plain­tiffs when the law­suit had been filed in August 2022 but dropped out in September of 2022, stat­ed they were prob­a­bly going to appeal the rul­ing.

Additional infor­ma­tion on this sto­ry is in the Toledo Blade behind a pay­wall. Images of the arti­cle is below.

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A Released Time Religious Instruction FAQ is now available

We were con­tact­ed recent­ly by some­one who lives in the Sylvania Public school dis­trict. She said that LifeWise had a pre­sen­ta­tion sched­uled for the next school board meet­ing and want­ed to know if we had any infor­ma­tion about the group.

Released Time Religious Instruction is allowed under Ohio Revised Code 3313.6022. The big take­away is that school dis­tricts aren’t required to adopt RTRI poli­cies.

Other points from the law:

(1) The student’s par­ent or guardian gives writ­ten con­sent.

(2) The spon­sor­ing enti­ty main­tains atten­dance records and makes them avail­able to the school dis­trict the stu­dent attends.

(3) Transportation to and from the place of instruc­tion, includ­ing trans­porta­tion for stu­dents with dis­abil­i­ties, is the com­plete respon­si­bil­i­ty of the spon­sor­ing enti­ty, par­ent, guardian, or stu­dent.

(4) The spon­sor­ing enti­ty makes pro­vi­sions for and assumes lia­bil­i­ty for the stu­dent.

(5) No pub­lic funds are expend­ed and no pub­lic school per­son­nel are involved in pro­vid­ing the reli­gious instruc­tion.

(6) The stu­dent assumes respon­si­bil­i­ty for any missed school­work.

LifeWise Academy is a large reli­gious group based in Columbus that works with local groups to install Bible class­es in school dis­tricts. In 2022, LifeWise brought in over $6 mil­lion in dona­tions, enrolls near­ly 30,000 stu­dents from more than 300 schools across more than 12 states. LifeWise has a strong pres­ence in Ohio. LifeWise will be in more than 170 Ohio school dis­tricts by next school year — more than a quar­ter of the state’s school dis­tricts.

LifeWise only teach­es Christianity and only hires Christians to be instruc­tors and staff.

The oth­er issues we have is that chil­dren are being removed from school grounds for an hour more by peo­ple who don’t work for the school dis­trict and who the dis­trict does­n’t vet. The class­es have absolute­ly no con­nec­tion to any­thing being taught in the pub­lic school. It is basi­cal­ly a Sunday school dur­ing the week. LifeWise claims it is teach­ing char­ac­ter val­ues but you can learn those val­ues with­out reli­gion.

We have cre­at­ed a FAQ page about Released Time Religious Instruction with addi­tion­al infor­ma­tion about the class­es and LifeWise.

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Toledo Humanists Condemn Override of HB 68 Veto

***FOR IMMEDIATE RELEASE: Toledo Humanists Condemn Override of HB 68 Veto

TOLEDO — The Secular Humanists of Western Lake Erie con­demn the over­ride of the veto of House Bill 68 that will now allow the ban on gender-affirming care and ban on Trans women in school sports to become law.

The major­i­ty ignored med­ical sci­ence and the pleas of the Trans com­mu­ni­ty and dis­missed their very exis­tence. Several Senators dur­ing the vote claimed Trans kids don’t exist and that their God assigned the child’s gen­der at con­cep­tion. Rep. Gary Click, in a state­ment on X called for resources for indi­vid­u­als who regret their tran­si­tion “as they realign with their authen­tic selves.” We reject Rep. Click’s call as mis­guid­ed and tinged with reli­gious big­otry.

We don’t believe that laws and pub­lic pol­i­cy should ignore sci­en­tif­ic con­sen­sus or be irra­tional­ly sup­port­ed by moral pan­ic. It is clear to us that some leg­is­la­tors believe their reli­gion is above basic human decen­cy and com­pas­sion. Bullying chil­dren is not a good look.

It was also iron­ic in the same ses­sion the same peo­ple who vot­ed to harm Trans kids over­rode a veto on a bud­get item that pro­hibits local gov­ern­ments from enact­ing their own reg­u­la­tions on tobac­co, par­tic­u­lar­ly bans on the sale of fla­vored nico­tine prod­ucts, which are typ­i­cal­ly mar­ket­ed toward minors.

The action by the Ohio Legislature to force HB 68 into law also denies the right of par­ents to sup­port their child’s health care needs what­ev­er that maybe.

We hope that the ban is chal­lenged in court and ends up like oth­er sim­i­lar bans by being ruled uncon­sti­tu­tion­al.

We will do what we can to sup­port the LGBTQI com­mu­ni­ty dur­ing these unwar­rant­ed and inde­fen­si­ble attacks from the gov­ern­ment.

Media con­tact: Douglas Berger, President

More infor­ma­tion:

‘Cowardly, self-serving vote’: Ohio Senate over­rides DeWine’s veto; bans health­care for trans youth

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Donating Cash to Food Banks

At our November meet­ing, it was men­tioned that food banks could use cash dona­tions in addi­tion to the usu­al food dona­tions. Cash dona­tions can actu­al­ly help more clients of the food bank than direct food dona­tions.

We also acknowl­edge that the need for food banks last all year and not just for the hol­i­days. SHoWLE will be arrang­ing some vol­un­teer time at a local food bank ear­ly in 2024.

This is just a list of the two main food banks in Lucas coun­ty.

Toledo Northwestern Ohio Food Bank
Seagate Food Bank

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SHoWLE Disappointed Some Local Legislators Want To Subvert The Will Of The Voters

Image showing districts that have pro-life members

The Secular Humanists of Western Lake Erie are dis­mayed and dis­ap­point­ed that sev­er­al local mem­bers of the Ohio House of Representatives signed on to a let­ter to announce their inten­tion to sub­vert the will of the vot­ers who passed State Issue 1 on November 7th.

Continue read­ing “SHoWLE Disappointed Some Local Legislators Want To Subvert The Will Of The Voters”
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New Membership Level Added

During our mem­bers meet­ing, I was asked about a Student rate for mem­ber­ship. I said at the time we did­n’t have a for­mal stu­dent lev­el but we would nev­er turn away a poten­tial mem­ber who could­n’t afford the cur­rent full mem­ber­ship dues.

Today I announce we now have a Student/Fixed Income mem­ber­ship lev­el. On the Join page, scroll down for the link then when you get tak­en to the sign-up page one of the lev­els avail­able at the bot­tom is for Students and those on fixed incomes.

People won’t need to ask for the spe­cial rate and will be able to select it when they sign up.

The change needs to be con­firmed by the Board so assume that lev­el has all the same ben­e­fits of the full price. If the low­er amount is still too much we also accept vol­un­teer time and dona­tions in-kind (like shar­ing a skill or donat­ing an item you aren’t using).

– Doug

President of SHoWLE

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We Oppose HB 183: The Bathroom Ban For Trans People

President Douglas Berger sub­mit­ted writ­ten tes­ti­mo­ny to the Ohio House Higher Education Committee that is con­sid­er­ing House Bill 183 that would pro­hib­it trans­gen­der kids and adults from using the pub­lic bath­rooms that align with their gen­der iden­ti­ty.

Two peo­ple on the com­mit­tee are from the NW Ohio area. Rep. Derek Merrin (R‑42) and Rep. Josh Williams (R‑41).

The hear­ing for oppo­si­tion tes­ti­mo­ny is Wednesday October 11th. Here is the text of his tes­ti­mo­ny as sub­mit­ted:

Chair Rep. Young, Vice Chair Rep. Manning, and Ranking Member Rep. Miller, my name is Douglas Berger and I am President of the Secular Humanists of Western Lake Erie, based in Toledo.

I am writ­ing today to express our group’s oppo­si­tion to House Bill 183 that would pro­hib­it trans­gen­der kids and adults from using the pub­lic bath­rooms that align with their gen­der iden­ti­ty.

We oppose this dis­crim­i­na­to­ry bill since it reminds us of the dark days of Jim Crow when bath­rooms and even drink­ing foun­tains were seg­re­gat­ed by race and this bill is based on the same kind of false nar­ra­tive and flim­sy evi­dence that those Jim Crow laws were based on.

We are also tired of mem­bers of this leg­is­la­ture pass­ing off irra­tional reli­gious big­otry as pub­lic pol­i­cy and law. When will your need to impose your reli­gion on oth­ers stop?

HB 183 has no fac­tu­al basis and no data to jus­ti­fy a ban is need­ed. Most anec­do­tal sto­ries are made up. The num­bers of teach­ers and peo­ple of faith who have been arrest­ed and charged for abus­ing chil­dren far out dis­tance any report­ed crime due to Trans peo­ple using the bath­room that aligns with their gen­der iden­ti­ty. I am more fear­ful of a child being alone with a priest or min­is­ter than using a bath­room with a Trans per­son.

Representative Lear and Bird also failed to note which reli­gious con­ser­v­a­tive lob­by group they copied and past­ed this ridicu­lous pro­pos­al from. There is a rea­son these pro­pos­als all look alike.

We can also promise that the peo­ple who intro­duced this bill and at least three mem­bers of this com­mit­tee have nev­er met a Trans kid and has nev­er talked to the Trans com­mu­ni­ty but they seem to want to dis­crim­i­nate against Trans peo­ple any­way. I’m sure it is eas­i­er to dis­crim­i­nate when you nev­er talk to them.

Our mem­bers would also like to know who will enforce this ban and how will it be enforced. Will birth cer­tifi­cates be required to be shown or will a school offi­cial be des­ig­nat­ed as a gen­i­tal check­er? Will you have a par­ent sign a form so their child can have a gen­i­tal check? If there is no enforce­ment mech­a­nism then this pro­pos­al is just for show. In fact it would be used to out Trans kids and bul­ly them.

Adding on an unfund­ed man­date on pub­lic schools and col­leges that you bare­ly help fund is also some­thing to con­sid­er.

In a recent TV inter­view, a mem­ber of this com­mit­tee said that edu­ca­tion­al pol­i­cy should only go toward the aca­d­e­m­ic progress of stu­dents and we should­n’t be intro­duc­ing social issues into the class­room. How does HB 183 advance aca­d­e­m­ic progress? It does­n’t but it sure intro­duces social issues into the class­room. How will this bill improve the dis­mal school rank­ing the state has received recent­ly.

Why don’t Trans kids deserve to be pro­tect­ed too?

We ask you to vote no on HB 183.

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Please Take Our Survey

Each year we try to dis­cov­er how our friends and mem­bers feel about SHoWLE. Please fill out the sur­vey below. You can be anony­mous but please be hon­est. It will be open until 10/1/2023. If you wish to tell us some­thing not in the sur­vey like you moved or some­thing use our con­tact form for that or make sure you use your email address in the sur­vey

If there is no embed­ded sur­vey above click on this link…

*Note* All respons­es and infor­ma­tion shared in the sur­vey will be for inter­nal use only and not shared out­side the Board of Directors except for gen­er­al aggre­gate results.

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SHoWLE Disappointed By 303 Creative Court Decision

Toledo, July 1, 2023 — The Secular Humanists of Western Lake Erie are very dis­ap­point­ed in the rul­ing on June 30 by the US Supreme Court in the 303 Creative LLC v. Elenis case. It is wrong that reli­gious beliefs now trump all oth­er rights to full pub­lic busi­ness accom­mo­da­tions and allow dis­crim­i­na­tion of peo­ple in a pro­tect­ed class.

The court said that requir­ing the graph­ic design­er to make wed­ding web­sites for same-sex cou­ples was an uncon­sti­tu­tion­al vio­la­tion of her first amend­ment rights because the cre­ation would be seen as an endorse­ment of some­thing her reli­gious beliefs pro­hib­it.

We don’t believe requir­ing busi­ness own­ers not to dis­crim­i­nate against cus­tomers in pro­tect­ed class­es makes the per­son or busi­ness endorse some­thing against their reli­gious beliefs. At the end of the day they can still not approve of same-sex mar­riages. If a busi­ness can’t bring itself to serve cus­tomers from the pro­tect­ed class­es then they need not be a pub­lic busi­ness.

We are also con­cerned about the unprece­dent­ed pro­tec­tion the court grant­ed to a reli­gious per­son. They ruled on a case that did­n’t include any actu­al harm. The plain­tiff was­n’t cre­at­ing wed­ding web­sites when she filed the law­suit and there is some ques­tion that the LGBT cus­tomer writ­ten about in her case was made up. Secular peo­ple who claim their reli­gious free­dom was vio­lat­ed, like for exam­ple chal­leng­ing 10 Commandment stat­ues on court house lawns, are dis­missed because the mere pres­ence of the reli­gious item or text isn’t an actu­al harm accord­ing to fed­er­al courts.

The plain­tiff agreed in court that she would sell her ser­vices to LGBTQ peo­ple, just not wed­ding web­site designs. So her reli­gious beliefs are not absolute. How does mak­ing a sign for a gay man not also seem to endorse his sex­u­al ori­en­ta­tion?

The deci­sion was capri­cious and arbi­trary and gave spe­cial rights to reli­gious peo­ple that are not allowed by any­one else. The Christian Nationalists have been bent on sub­vert­ing decades of church and state legal deci­sions.

The US Supreme Court set back reli­gious free­dom for many years.

For fur­ther infor­ma­tion on this deci­sion see: Supreme Court rules web­site design­er can decline to cre­ate same-sex wed­ding web­sites

Supreme Court rules web­site design­er can decline to cre­ate same-sex wed­ding web­sites

About Secular Humanists of Western Lake Erie

The mis­sion of the Secular Humanists of Western Lake Erie is to pro­vide a sup­port­ive local com­mu­ni­ty for human­ists and oth­er non­the­ists, while pro­mot­ing an eth­i­cal, rea­son­able, and sec­u­lar approach to life through edu­ca­tion, com­mu­ni­ty ser­vice, out­reach, activism, and social events.

We envi­sion a Northwest Ohio and Southeast Michigan where sec­u­lar peo­ple are respect­ed and inte­grat­ed in broad­er soci­ety, live val­ues of rea­son and com­pas­sion, and enjoy a friend­ly human­ist com­mu­ni­ty.

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PDF of Statement Available Here