How Golf Manor’s Nondiscrimination Ordinance Protects Religious Freedom

Explore the sections of the nondiscrimination ordinance that explicitly protect everyone’s Constitutional right to religious freedom in Golf Manor.

WHEREAS, Golf Manor also is proud of its unique history and it is important that persons of all faiths be able to continue to freely exercise their religion in the Village; and

WHEREAS, the intent of this Ordinance is not to penalize any religious organization nor religious institution from exercising its constitutionally protected rights nor to burden any religious organization or religious institution in exercising its rights…

(1) “Commercial purpose or commercial activity” is that purpose or activity open to a broader secular market other than members, families of members, or coreligionists of the religious or denominational corporation, institution, association or organization.

(7) Nothing in this section shall prohibit a religious or denominational institution, organization, society or association or any nonprofit charitable or educational organization that is operated, supervised or controlled by or in connection with a religious organization, from limiting its offerings of goods, services, facilities, including places of worship, educational facilities or their contiguous facilities, and accommodations to persons of the same religion, or from giving preference to such persons, provided that such offerings mentioned above are not, in fact, offered for commercial purposes or supported by Village resources or funds for such specific offering.

(B) Unless otherwise provided by law, nothing in this section shall bar any religious or denominational corporation, institution, association or organization, or any non-profit, charitable or educational organization that is operated, supervised or controlled by or in connection with a religious or denominational corporation, institution, association or organization, from limiting the sale, rental or occupancy of housing accommodations that it owns or operates for other than a commercial purpose to persons of the same religion, or for giving preference in the sale, rental or occupancy of such housing accommodations to persons of the same religion.

(B) In addition to the general Exceptions outlined in Section IX, this section does not apply to:

(1) A religious or denominational corporation, institution, association, organization, educational institution, or society with respect to the employment of an individual of a particular religion to perform work connected with the carrying on of that religious or denominational corporation, institution, association, organization, educational institution, or society of its activities.

(7) Nothing contained in this chapter shall be deemed to prohibit a religious or denominational institution from selecting or rejecting applicants and employees on the basis of the applicant's or employee's conformance with the institution's religious or denominational principles for positions involving the religious functions or activities of the institution. If a party asserts that an otherwise unlawful practice is justified as a permissible bona fide religious or denominational preference, that party shall have the burden of proving that the discrimination is in fact a necessary result of such a bona fide condition of employment.

(B) Nothing in this section shall prohibit a religious or denominational institution, organization, society or association or any nonprofit charitable or educational organization that is operated, supervised or controlled by or in connection with a religious organization, from limiting its offerings of goods, services, facilities, including places of worship, educational facilities or their contiguous facilities, and accommodations to persons of the same religion, or from giving preference to such persons, provided that such offerings mentioned above are not, in fact, offered for commercial purposes or supported by Village resources or funds for such specific offering.

(A)(3) … It shall not be an unlawful discriminatory practice for an educational institution operated by a religious or denominational institution, or established for a bona fide religious purpose, to admit students or program attendees on the basis of that student's or attendee's religious or denominational affiliation or preference, or to operate a same-sex educational institution and to limit enrollment to persons of the same sex.

(B) For purposes of this section, ‘Educational Institution’ shall not include any institution or school operated by a religious or denominational corporation, institution, association or organization.

Nothing in this Ordinance shall prohibit any:

(A) Institution, organization, association, school, corporation, or society, that is operated, supervised, or controlled by a religious institution, organization, association, school, corporation, or society that is not organized for private profit; or

(B) Religious institution, organization, association, school, corporation, or society that is not organized for private profit;

from engaging in any activity protected under the First Amendment of the U.S. Constitution and Article I of the Ohio Constitution.