We can take heart that most members of the Oklahoma Supreme Court exhibit basic reading comprehension skills.
On June 25, our top jurists ruled that the push by Gov. Kevin Stitt and State Supt. Ryan Walters to fund religious indoctrination with public funds violates the state Constitution.
The state Bill of Rights says in very plain English:
“No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit or support of any priest, preacher, minister, or other religious teacher or dignitary or sectarian institution as such.”
Ignoring this prohibition last summer, the Statewide Virtual Charter School Board voted to give state education money to the St. Isidore of Seville Catholic Charter School – a proudly Roman Catholic school with a Catholic mission.
So the state board, with the backing of Stitt and Walters, authorized “public money” to be “appropriated…directly…for the…support of…(a) church” and “for the…support of…(a) religious teacher.”
A year ago, Oklahoma Attorney General found it “extremely disappointing that board members violated their oath in order to fund religious schools with our tax dollars. He later sued St. Isidore and the Statewide Virtual Charter School Board and in April argued the black-on-white letters of the Constitution as his evidence.
Writing for the majority, Justice James R. Winchester agreed:
“Under Oklahoma law, a charter school is a public school. As such, a charter school must be nonsectarian. However, St. Isidore will evangelize the Catholic faith as part of its school curriculum while sponsored by the State. This State’s establishment of a religious charter school violates Oklahoma statutes, the Oklahoma Constitution and the Establishment Clause.”
Winchester countered the bogus claim that not granting the charter would somehow impinge upon the religious liberty of others by pointing out,” St. Isidore came into existence through its charter with the State and will function as a component of the State’s public school system. This case turns on the State’s contracted-for religious teachings and activities through a new public charter school, not the State’s exclusion of a religious entity….The St. Isidore Contract violates state and federal law and is unconstitutional.”
Justices Yvonne Kauger, James E. Edmondson, Douglas L. Combs, Noma Gurich and Richard Darby agreed with Winchester.
Vice Chief Justice Dustin Rowe concurred with the Constitutional requirement that state charter schools be non-religious, but disagreed with other items of the opinion.
Justice Dana Kuehn dissented – by ignoring the Constitution. She said:
“Contracting with a private entity that has religious affiliations, by itself, does not establish a state religion, nor does it favor one religion over another.”
See what she did? If you cannot refute the evidence, change the narrative. The issue was neither establishing a state religion nor favoring one religion over another. At issue was the Constitutional prohibition against religious entities receiving public funds.
Chief Justice John Kane IV recused himself from the case
As would be expected, Gov. Stitt was not pleased with a setback for his theocratic aspirations.
At his last election victory celebration, our lame-duck governor proclaimed:
“Father, we just claim Oklahoma for You. Every square inch, we claim it for You in the name of Jesus.”
So, we can put his reaction to the high court ruling in context – and cite his “look over there” reaction for what it is.
“I’m concerned we’ve sent a troubling message that religious groups are second-class participants in our education system,” he said. Not second-class, but in a class of their own – one prohibited from receiving state funding.
“Charter schools are incredibly popular in Oklahoma,” he added, “and all we’re saying is: we can’t choose who gets state dollars based on a private entity’s religious status.”
Well, actually, Governor, we can make that choice – if we choose to follow the Constitution which you have twice sworn to uphold
(Gary Edmondson is chair of the Stephens County Democratic Party.)