Ohio

AMENDMENT LANGUAGE

State Constitutional Provision

Ohio Const. art. 6, § 2: "The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state."

RELEVANT CASES

State Courts

Simmons-Harris v. Goff, 711 N.E.2d 203 (Ohio 1999) (The Supreme Court of Ohio held the overall state school voucher program did not violate either the Establishment Clause or other provisions of the state constitution including Art. 6, Sec. 2 but struck down the program after concluding it violated the one-subject rule and the Uniformity Clause contained in the state constitution), rev’d on other grounds, Zelman v. Simmons-Harris, 536 U.S. 639 (2002).

Protestants and Other Americans United for Separation of Church and State v. Essex, 275 N.E.2d 603 (Ohio 1971) (A state statute authorizing distribution of money to school districts in order to provide guidance, testing, and counseling programs to private school students is constitutional under the federal and state constitutions).

Honohan v. Holt, 244 N.E.2d 537 (Ohio Com.Pl. 1968) (A state statute authorizing public funding for transportation of students to private school is consistent with both the federal and state constitutions).

Moore v. Board of Ed., 212 N.E.2d 833 (Ohio Com.Pl. 1965) (The court held religious segregation of students in public schools is not per se invalid nor is the wearing of religious garb by teachers impermissible. The court did find the particular release time program under examination amounted to the use of public funds for operation of sectarian parochial schools. Therefore, the program was unconstitutional).

Board of Education v. Minor, 23 Ohio St. 211 (1872) (The constitution of the state does not enjoin or require religious instruction, or the reading of religious books, in the public schools of the state. The courts have no rightful authority to interfere by directing what instruction shall be given, or what books shall be read therein).

SECONDARY MATERIALS

State Attorney General Opinions

1958 Op. Atty. Gen. 2991. (The board of education may employ both religious and non-religious certified teachers. The wearing of religious clothing by public school teachers does not amount to an impermissible teaching of religious doctrine).

1933 Op. Atty. Gen. 1832. (Public funds cannot be spent on schools that subject students to sectarian influence).

1933 Op. Atty. Gen. 1832. (The board of education may lease facilities for a public purpose from a church or sectarian organization).

1933 Op. Atty. Gen. 1409. (A private school is not administered by public school officials and is not funded by public school funds).

1933 Op. Atty. Gen. 1409. (Public school funds should only be used for the establishment and maintenance of public schools).

REPEAL EFFORTS

See the Heritage Foundation website for a list of state contacts.