While Stitt, Walters and the church attempt laying waste to two constitutions, Gentner Drummond continues to stand in their way
St. Isidore of Seville state supreme court hearing less than two weeks away
It’s possible, when you really think about it, one man’s standing in the way of the end of the separation of church and state in this country and it’s Gentner Drummond, our state attorney general.
Hyperbole?
That possibility bubbled up again this week when, yet again, state superintendent of self-aggrandizement Ryan Walters tried wading back into the legal debate over St. Isidore of Seville Catholic Virtual School, whose charter was approved by the statewide virtual charter school board by a 3-2 vote June 12 of last year, leading to Drummond’s legal challenge of it, claiming it violates both the Oklahoma and U.S. constitutions.
Reading the U.S. Constitution as though a child abuser might read the Old Testament, only with less to work with, proponents of St. Isidore would have you believe rejection of the nation’s first publicly funded religiously-based school is an affront to the document’s religious liberty protections.
For fun, let’s explore that:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of people to assemble, and to petition the Government for a redress of grievances.
— First Amendment, U.S. Constitution
For more fun, let’s explore that in our state constitution.
Provisions shall be made for the establishment and maintenance of a system of public schools, which shall be open to all the children of the state and free from sectarian control; and said schools shall always be conducted in English: Provided, that nothing herein shall preclude the teaching of other languages in said public schools.
— Oklahoma Constitution, Section I-5, Public School-Separate schools
Open and shut, right?
The U.S. Constitution expressly states there shall be “no law respecting an establishment of religion or prohibiting the free exercise thereof.”
Pulling from that that religious liberties can’t being protected UNLESS the state funds religiously-based public schools is right up there with believing 1970s and ’80s pro wrestling to have been on the level because Dusty Rhodes couldn’t possibly be that convincing on the mic nor bleed so many buckets if it weren’t.
Suspension of disbelief of the highest order.
Yet, the Oklahoma Constitution goes even further, addressing schools specifically, asserting all public schools must be “free from sectarian control.”
Not even proponents of St. Isidore are trying to dissect “sectarian” into something it meaninglessly isn’t. Instead, they’re trying to go over its head, claiming one constitution invalidates the other.
A novel approach
Scott Strawn, one of the three virtual charter board members to vote in favor of St. Isidore said as much.
“I think in our oath [of office] there’s a reason our allegiance to the United States Constitution comes first, and I believe that a no vote in this matter would violate my oath,” he said.
Come to think of it, if Strawn and the rest of St. Isidore’s supporters really feel that way, shouldn’t Oklahoma take its anti-abortion laws off the books? I mean, if federal law comes first, right? … I digress.
William Pearson, one of the “no” votes on the board, responded by saying, “I agreed to sit on a state board, not a federal board,” as though the U.S. Constitution is murky, which it isn’t.
But try getting five of nine U.S. Supreme Court justices to see it that way, which is why Drummond’s standing in the breech is so important as an Oklahoma Supreme Court hearing on the matter arrives April 2.
Him again
That, by the way, is the same hearing in which Walters petitioned to become a player, only to be rejected by the court a third time.
It is also the case Walters and the state board of education previously hired out-of-state attorneys, paid with state funds, to insert him into the process.
“With Oklahomans’ religious liberty and educational choices at stake, the people deserve to hear as robust a debate as possible,” Walters said, crying about being left out again. “I am disappointed in this decision … In the end,, I trust the Court will preserve the religious liberties of all Oklahomans, as enshrined in the Constitution.”
So rich.
Walters and the rest of St. Isidore’s supporters know the Oklahoma Constitution stands in their way and their solution is to treat it as though it doesn’t exist, holds no sway, is in no way relevant.
Which is to say nothing of the Catholic Church in our state, which not once has been made to answer why it so badly wants to trample upon the U.S. and Oklahoma constitutions.
Because you’d think Archbishop Paul S. Coakley and Bishop David A. Konderla, the first in Oklahoma City and the second in Tulsa, if unwilling to entertain interview requests, are still not barred from facing unscheduled reporters’ questions in the light of day
Oh, well.
Which brings us back to Drummond.
The good fight
“Despite the clear and unambiguous language of Oklahoma’s Constitution and statutes, the will of Oklahoma’s voters, who soundly rejected amending Oklahoma’s Constitution in 2016 to allow public money to be applied to sectarian organizations, and the legal advice by the chief law officer of this State, the Board members violated their plain legal duty to deny sponsorship of St. Isidore,” is just a piece of the language Drummond used when filing the lawsuit that gets its state supreme court hearing in less than a couple of weeks.
Yes, you’ve got to love a public servant willing to sue another state entity, in disagreement with Governor Kevin Stitt and other elected officials from his own Republican party, in defense of two different constitutions.
And, given the recent history of radical U.S. Supreme Court rulings, you have to hope Drummond prevails here at home.
Because, eventually, should the highest court ever be asked to take it up, it stands a far better chance of affirming a correct outcome by doing nothing than reversing an incorrect decision upon being forced to do something.
It’s a long story.
Involving multiple bad actors.
And one good one, at least.
Thank you for your clear writing on such an important topic. I look forward to reading them.