Written by Don Byrd
Via Religion Clause, the Oklahoma legislature last week approved a measure that sends to voters the opportunity to repeal an important constitutional provision protecting church-state separation. Article 2, Section 5 of the Oklahoma Constitution – like similar provisions in many state constitutions – prohibits the state from using government funds or property for religious or sectarian purpose.
Yes, the First Amendment to the U.S. Constitution also protects against government’s promotion of religion, but provisions like Oklahoma’s are often interpreted as offering an even stronger statement of separation. Last year, a court ruled that the state constitution outlaws a Ten Commandment monument from being displayed on the grounds of the State Capitol. Now, advocates of the monument are promoting the repeal of Article 2, Section 5, with the idea that removing it will allow the return of the monument.
But that is not necessarily the case. The federal constitution still protects against unlawful government displays. Many courts have found such monuments violate the U.S. Constitution’s ban on the establishment of religion.
The Oklahoman reports:
The monument was removed after a legal challenge from ACLU-Oklahoma. Executive Director Ryan Kiesel said it was a shame lawmakers are again taking up the issue amid one of the state’s worst budget crises. He said if the ballot passes in November, the ACLU will likely file a federal lawsuit.
“We know the intent of this is to bring a Ten Commandments monument back to the Capitol, which will almost certainly be litigated,” he said. “It will very likely be removed, and when it is, it will come at a much greater cost to the taxpayers of Oklahoma then the first lawsuit.”
Stay tuned.
