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.

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.

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.

SHoWLE Opposes Senate Bill 49: The Religious Expression Days “R.E.D.” Act.

This session, the Ohio Senate introduced Senate Bill 49 also known as The Religious Expression Days “R.E.D.” Act. If passed it would give religious students in public schools three days off each year for religious reasons. SHoWLE opposes this bill for the main reason is it gives special privileges to religious students. We also don’t believe a law is needed since many school districts currently make accommodations for religious observances.

SHoWLE President Douglas Berger submitted written testimony to the Ohio Senate Education committee. Here is the text of his remarks:

Continue reading “SHoWLE Opposes Senate Bill 49: The Religious Expression Days “R.E.D.” Act.”

Secular Humanists of Western Lake Erie Condemns Ohio HB 616

The Board of the Secular Humanists of Western Lake Erie urges legislators and our community members to oppose Ohio House Bill 616.

HB 616 eliminates the ability to teach on and discuss topics like sexual orientation, gender identity, and race. If enacted, HB 616 would attempt to erase discussion of the history and lived experiences of marginalized communities and students. The bill’s broad language will have a chilling effect on learning environments.

HB 616’s definition of anti-racist concepts like diversity, equity, and inclusion as “inherently racist” and its explicit mentions of intersectionality and critical race theory suggest a focus on the sensibilities of a narrow group of adults, rather than deep engagement with the needs and concerns of teachers and students in Ohio’s K-3 classrooms.

Humanists “commit to treating each person as having inherent worth and dignity” and “long for and strive toward a world of mutual care and concern” (The Third Humanist Manifesto). HB 616 directly contradicts our core values by attempting to legislate away any discussion of already marginalized groups.

Listening to people’s stories is at the heart of acknowledging each person’s inherent worth. We can only move toward a world of mutual care by cultivating empathy; empathy cannot be cultivated when the stories, experiences, and histories of marginalized groups are made unspeakable.

It is for these reasons that the Board of the Secular Humanists of Western Lake Erie condemns this bill and others like it.

We also encourage our members to communicate with their State House Representative. You can find your representative by entering your address at the Ohio House of Representatives website.

Further information about the bill can be found here:

House Bill 616 @ Equality Ohio 

House Bill 616 @ Honesty for Ohio Education

Tip of the hat to the Humanist Community of Central Ohio for sharing the format of their statement used above.