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CINCINNATI – Last Friday the Sixth Circuit Court of Appeals issued an order blocking the Toledo-Lucas County Health Department (TLCHD) from enforcing their order closing all in-person education for children grades seven thru twelve.
Three private religious schools took TLCHD to court contending that even if the Constitution has taken a holiday during this pandemic, it cannot become a sabbatical.
“The First Amendment does not take a holiday break,” says Aaron Baer, President of the Citizens for Community Values (CCV) which operates the Ohio Christian Education Network (OCEN). “It was clear from the outset that the TLCHD’s order closing schools violated their Constitutional ‘Free Exercise’ rights. It is indefensible and irrational to block children from accessing in-person instruction, while allowing casinos, gyms, liquor stores, and other public places to remain open.”
The Free Exercise Clause “protects religious observers against unequal treatment” and prohibits the State from “penalizing religious activity by denying any person an equal share of the rights, benefits, and privileges enjoyed by other citizens.”
Baer says “Our message is simple, let kids learn, and let Christian schools continue to disciple the next generation in grace and truth.”
Monclova Christian Academy, Emmanuel Christian, St John’s Jesuit, and CCV filed their emergency appeal in Federal Court after TLCHD blocked schools from holding in-person education from December 4 to January 11.
“The First Amendment does not take a holiday break. It was clear from the outset that the Lucas County Health Board’s order closing schools violated the Constitutional ‘Free Exercise’ rights. It is indefensible and irrational to block children from accessing in-person instruction, while allowing casinos, gyms, liquor stores, and other public places to remain open.”
Aaron Baer, President of Citizens for Community Values
Ohio Attorney General Dave Yost filed an amicus brief in support of the three Christian Schools and OCEN. “Arbitrary restrictions limiting in-person instruction for months on end have inflicted immeasurable harm on children,” Attorney General Yost’s Solicitor General Ben Flowers wrote.
(Photo courtesy of AG’s office)
The schools’ appeal stated that the affected age group has seen exponential increases in severe depression, anxiety disorders, suicide attempts, substance abuse problems, and mental health-related pediatric emergency department visits.
The appeal also noted that neither Governor DeWine, the Ohio Department of Education, nor the Center for Disease Control (CDC) have recommended closing in-person school. The CDC says it is safe for children to be in school.
“Lucas County families have suffered plenty through this pandemic, and to unreasonably deny their children in-person education is unconscionable,” Aaron Baer commented. “Today’s order is a victory for families, for religious freedom, and for all those willing to courageously stand up against unnecessary and overreaching government orders.”
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