Ohio would be better on religious freedom if it follows leads of Mississippi, Illinois| Opinion

Parma native Deborah A. O’Malley is associate director of the Center for Citizenship and Constitutional Government at the University of Notre Dame and a research fellow at the Center for Religion, Culture, and Democracy. 

This summer, the U.S. Supreme Court issued two decisions affecting the rights of religious parties, Groff v. DeJoy and 303 Creative.

But, contrary to popular opinion, the Supreme Court is not the only arbiter of religious freedom in this country.

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While the court has the duty to protect this sacred right, protection of religious liberty begins with the people’s representatives at the state level.

Fortunately for Ohioans, the state’s lawmakers have taken this duty seriously, making Ohio one of the top states in the country for religious freedom protections.

The Center for Religion, Culture, and Democracy has released its second annual Religious Liberty in the States index, an evaluation of constitutional and statutory religious freedom protections in each state.

The project uses 14 different safeguards to measure each state’s success in protecting this first freedom.

States are then ranked, with Ohio taking fourth place, tied with Mississippi, both of which have a score of 64%, meaning they have about two-thirds of tracked safeguards in place.

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These safeguards encompass the ability to honor one’s conscience not only in the chapel or temple but also in daily life, including at school and in the workplace.

One particular industry where Ohio shines is in protecting the healthcare profession, with laws securing the conscience rights of practitioners and hospitals to decline participation in procedures involving abortion, sterilization, and contraception.

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While Ohio ranks highly, there is still room for the Buckeye state to improve.

Excused from school

First, Ohio can enact an accommodation for children to be excused from school for religious observance, such as holidays or religious instruction.

Ohio’s lawmakers can look to Illinois (ranked first by the Religious Liberty in the States index this year), as it passed legislation protecting these religious obligations in 2021.

This safeguard is key for protecting the rights of religious minorities whose holidays do not line up with the standard school breaks, such as winter break. Protecting the ability of parents to guide the formation of their children is essential for preserving the religious liberty and diversity that is part and parcel of American life.

More: Ohio might give students 3 excused absences for religious holidays

Freedom not to marry

Secondly, Ohio can improve by securing refusal rights for those with religious objections to participating in same-sex weddings and marriage celebrations.

Ohio law contains no protections for religious individuals, organizations, and businesses to decline such participation. Even a member of the clergy has no legal protection against being required to officiate a wedding that he or she cannot in good conscience affirm.

To remedy this Ohio might look to Mississippi which has a law that ensures that all individuals, including clergy, religious entities, public officials, and for-profit businesses, are able to abstain from performing wedding services or participating in marriage celebrations that conflict with their sincerely held religious beliefs or moral convictions.

Such a law demonstrates that the state recognition of same-sex marriage and the protection of religious freedom are not mutually exclusive.

Perhaps the most significant improvement Ohio can embrace is to pass a religious freedom restoration act.

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Often modeled after a federal version, state religious freedom restoration acts are designed to ensure that people of all religious traditions will receive accommodations when a state law incidentally burdens their religious free exercise. Like the previously suggested protections for school-aged children, a religious freedom restoration act is especially salutary to the liberty of religious minorities.

Religious liberty protects one of the most fundamental and universal elements of the human experience — our desire to know our Creator. Religious freedom, therefore, should be championed by all Ohioans.

Parma native Deborah A. O’Malley is associate director of the Center for Citizenship and Constitutional Government at the University of Notre Dame and a research fellow at the Center for Religion, Culture, and Democracy. 

This article originally appeared on The Columbus Dispatch: Why Ohio would be better if it follows Illinois, Mississippi on religious protections