COLUMBUS, Ohio — A bill that would require school districts to create a mandatory religious release time policy and require educators to out a students’ sexuality to their parents is on its way to Ohio Gov. Mike DeWine’s desk for his signature.
During a marathon day of sessions, the Ohio Senate voted 24-7 to pass House Bill 8 and the Ohio House voted 57-31 to concur with changes made to the bill. Once DeWine receives the bill, he has 10 days to sign H.B. 8 into law or veto it.
State Reps. D.J. Swearingen, R-Huron, and Sara Carruthers, R-Hamilton, introduced H.B. 8 last year. The bill was known as the “Parents’ Bill of Rights” to supporters while opponents called it the “Don’t Say Gay” bill.
“What we’re trying to do with the ‘Parents’ Bill of Rights’ is to preserve that critical relationship between a parent and their child in the school system,” Swearingen said.
H.B. 8 would require public schools to let parents know about sexuality content materials ahead of time and give them the option to request alternative instructions.
It would also prohibit any sexuality content from being taught to students in kindergarten through third grade. H.B. 8 defines sexuality content as “oral or written instruction, presentation, image or description of sexual concepts of gender ideology.”
The Senate Education Committee added the religious release time amendment to the bill last week.
Ohio law currently permits school district boards of education to make a policy to let students go to a course in religious instruction during the school day, but this would change the wording in the Ohio Revised Code from “may” to “shall” — meaning this would be a mandate for Ohio school districts.
The United States Supreme Court upheld released time laws during the 1952 Zorach v. Clauson case, which allowed a school district to have students leave school for part of the day to receive religious instruction.
Religious release time instruction must meet three criteria: the courses must take place off school property, be privately funded, and students must have parental permission.
Two central Ohio school districts, Westerville and Worthington, recently rescinded their religious release time policy. Both districts formerly allowed LifeWise Academy to take public school students off-campus for Bible classes during school hours.
LifeWise Academy is a Hilliard-based religious instruction program that enrolls 50,000 students across 29 states — including about 160 Ohio school districts.
Some amendments were made to H.B. 8 in the Senate Education Committee, including an amendment requiring school districts to work with religious release time organizations to pick a time to offer the course during the school day.
Another amendment requires criminal background checks for any religious release time instructor or volunteer. This amendment came at the request of Ohio House Speaker Jason Stephens, R-Kitts Hill, Brenner said.
Senate floor discussion
There was a lengthy, nearly hour-long discussion on H.B. 8 on the Senate floor.
State Sen. Louis W. Blessing, III, R-Colerain Township, was the only Senate Republican to vote against the bill, comparing this bill to pro-life legislation that passed the Statehouse only to then have Ohioans pass a constitutional amendment for abortion rights.
“I fear that a similar dynamic is at play that will continue to pass legislation that tests the boundaries of religion and public education that we wind up with a spinning review from the courts to the ballot or both,” he said.
State Sen. Andrew Brenner, R-Delaware, said parents have a right to make decisions about their children’s education.
“It requires disclosure to a student’s parent or guardian if a student requests to be identified as a sex other than the sex at birth,” Brenner said.
State Sen. Bill DeMora, D-Columbus, said H.B. 8 has “no redeeming qualities whatsoever.”
“It’s another example of a solution looking for a problem,” he said. “It puts students who seek help from teachers and school counselors at risk. We need to trust that school professionals will involve parents when necessary.”
State Sen. Kent Smith, D-Euclid, said this bill would pit kids against counselors, counselors against parents and parents against kids.
“It can fracture the teammate relationship that has worked so well between child and parent and counselor,” he said.
State Sen. Michele Reynolds, R-Canal Winchester, said a religious release time policy promotes religious freedom.
“This legislation ensures that parents have that freedom and can incorporate a faith based learning into their child’s education or decline not to participate, they don’t have to participate,” she said.
Sen. Minority Leader Nickie Antonio, D-Lakewood, said it’s ironic the bill is known as a ‘Parents’ bill of rights.’
“If you haven’t been comfortable telling your parents up to this point about your sexual orientation or gender identity, chances are there’s a good reason for that,” she said.
House floor discussion
The House had a lively 30 minute discussion on the bill before voting and three Republican state representatives voted against the bill — Jamie Callender, Gayle Manning and Andrea White.
“You’re mixing religion and education in public schools,” said State Rep. Joe Miller, D-Amherst. “We are making this extremely difficult in the public school system. By forcing into public schools religious exemption time you are interrupting the mission of our constitutional duty to make sure that we provide them with an education.”
The intent of the bill is to have parents and teachers work together, Carruthers said.
“The amendment also says religious,” she said. “Now that also means that if they would like to learn Hebrew, if they would like to learn any other religion that is possible, it says religion. It does not say anything else. It is also, I believe, permissive.”
Ohio House Minority Leader Allison Russo, D-Upper Arlington, questioned why the religious release time organizations can’t offer programming before or after school.
“If the real intent here is to support families, and if the real intent here really is to grow the faith community, trust me, we’ll have a much bigger audience if you offer before and after school care,” Russo said. “You do not have to do this in the middle of the school day.”