COLUMBUS, Ohio (WCMH) — A national advocacy group is investigating Ohio after claiming the state’s use of taxpayer dollars to fund private, Christian school renovations is unconstitutional.
Americans United for Separation of Church and State alleges the one-time payments — totaling nearly $4 million among eight schools — violate the Ohio and U.S. Constitutions. The nonpartisan organization announced its investigation on Oct. 3 and has given the state until Friday to respond and fulfill its request for public records surrounding the funding.
The investigation concerns money allotted as part of the One-Time Strategic Community Investment Fund, a part of the capital budget passed this summer. Senate Republicans spokesperson John Fortney said the grants benefited organizations that typically would not be eligible to receive state funding.
The fund gave $717.8 million to 656 projects across Ohio, eight of which went to renovations of private, Christian schools. In a legal analysis addressed to Ohio’s Office of Budget and Management, Americans United attorneys said the grants to these schools violate taxpayers’ religious freedom and precedents set by court cases prohibiting government funding for construction that will house religious activities.
Specifically, Americans United said the Establishment Clause of the First Amendment prohibits the use of direct grants to support religious activities, pointing to several former lawsuits. Fortney has been clear that the fund was not a grant program, although the state budget office has referred to the funding as grants in public memos.
Americans United also said the grants violate two parts of the Ohio Constitution: a clause stating no religious groups should be able to control state funds and another guaranteeing Ohioans cannot be compelled to support a place of worship without consent.
“The separation of church and state guaranteed in our Constitution means that we each get to decide if, when and how to engage with religion. This protects both taxpayers’ religious freedom and the sanctity of religion,” Rachel Laser, president and CEO of Americans United, said. “By forcing taxpayers to fund the buildings of private religious schools, Ohio is obliterating that promise of religious freedom.”
“Any organization could apply for those funds,” Fortney said. “It was simply a one-time fund that was set aside for additional community-related projects that would not normally qualify for the standard Capital Budget.”
Pete LuPiba, OBM’s communications director, said OBM disbursed the funds as directed by legislators, but was not involved in reviewing or awarding the grants. He said Ohio distributed millions in funds to nonpublic schools in this fiscal year alone through state programs to support access to specific materials, security expenses and clerical costs.
Americans United also argues the funding is unconstitutional if the schools enroll students through Ohio’s voucher program, which gives scholarships to students to attend private schools. Americans United attorneys and Fortney said vouchers have been upheld constitutionally because parents choose where their students attend.
“Here, the grants go directly to religious schools, not parents or students,” Americans United attorneys wrote. “And the grants recipients were selected by the state legislature, so the receipt of funds by religious schools is not controlled by the choices of parents or students.”
“The state providing funding for nonpublic schools is nothing new,” LuPiba said. “Ohio supports a variety of school choice options that allow families to determine the best educational pathway forward for their individual situation.”
The state budget does not elaborate on what all eight schools will use the funding for but listed projects include playground enhancements and building expansions.
One recipient, Calvary Christian School in Bellefontaine, discussed the grant in a blog post titled “A Testament to God’s Provision: $250,000 Grant Received!” According to the post, the school applied for the funding in the spring of 2024 and met with legislators several times, both at Calvary Christian and at the Ohio Statehouse.
“The dream of a new facility, one that will build a biblical worldview, nurture young minds, and shape future leaders seemed daunting at the outset,” the post read. “Yet, here we are, having just received another miracle … a $250,000 grant — an amount that is nothing short of miraculous.”
An Americans United representative told NBC4 its attorneys will consider next steps once they have received and reviewed the records requested from the state, which include all communications between the state and the schools, all applications and proposals from schools and all grant agreements.
“We received the public records request from Americans United for Separation of Church and State and will fulfill this request in accordance with the law,” LuPiba said.
