Attorney General Gentner Drummond has withdrawn an AG opinion he says was improperly requested and misused religious liberty to justify state-funded religion.
TRANSCRIPT
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Dick Pryor: This is Capitol Insider - taking you inside politics, policy and government in Oklahoma. I'm Dick Pryor with Quorum Call publisher Shawn Ashley. Shawn, Attorney General Gentner Drummond has withdrawn an attorney general's opinion issued by his predecessor, John O'Connor, late last year, allowing public funding for religious charter schools. Drummond found the opinion to be flawed in a couple of ways. What was his rationale for withdrawing the opinion?
Shawn Ashley: Attorney General Drummond said the opinion was not properly requested. The executive director of the statewide Virtual Charter School Board did not have the board's authorization to request the opinion. Second, Drummond took issue with cases cited in the request that led to O'Connor's conclusion. The cases, Drummond noted, involve private schools, not state sponsored charter schools. He said those cases have little precedential value as it relates to charter schools. And finally, Drummond took issue with O'Connor's legal analysis and said the former attorney general's opinion incorrectly concluded that Oklahoma taxpayer dollars could be tapped to fund religious charter schools.
Dick Pryor: In his letter withdrawing the opinion, Drummond warned that using the First Amendment to justify state funded religion is a misuse of religious liberty. Drummond’s action, it seems, shows that he may very well have a more nuanced view of the extent of religious liberty that could have broader implications.
Shawn Ashley: I think so. Drummond pointed out there is no binding precedent at this time that makes his office comfortable in advising the statewide virtual Charter School board that it's okay to violate the Oklahoma Constitution prohibition on sectarian control of public schools. And that's exactly the issue the board is grappling with as it considers an application from the Roman Catholic Archdiocese of Oklahoma City to launch an online charter school.
Dick Pryor: Two bills have advanced that would make events, including parades, on public property involving people dressed in drag, a felony punishable by a fine and prison term. There's a lot to unpack here, but we have a long legal history in the United States of allowing parades and events on public property, regardless of their content. What are these bills trying to do?
Shawn Ashley: Well, both Representative Kevin West and Senator David Bullard said the proposals were a reaction to recent events in Oklahoma and in other parts of the country. Representative Kevin West said he had been contacted by representatives of Oklahoma communities who had found it impossible to take actions against certain performances that they deemed lewd and harmful to minors because Oklahoma law did not specifically address them. This, he said, gives cities something solid to stand on for public displays. Bullard said much the same thing, and he told the Senate Committee on General Government, ”It is something we need to make sure we handle and get control of.”
Dick Pryor: Only about seven weeks into his term as state superintendent, Ryan Walters is coming under fire from some of his fellow Republicans. What are they upset about?
Shawn Ashley: Walters is asking the State Board of Education to consider two administrative rules that could lead to schools seeing their accreditation downgraded or even revoked. House Appropriations and Budget Subcommittee on Education Chair Mark McBride won approval of a bill from the House Common Education Committee that would prohibit the board from enacting rules that affect schools’ accreditation without legislative authorization.” I think there need to be some barriers and roadblocks put up whatever we can do,” McBride said. He added, “I want to put this gentleman in a box.” McBride's bill is now eligible to be heard by the full House.
Dick Pryor: What is the pace of legislative work as we're getting ready to head into March.
Shawn Ashley: Thursday is the deadline for bills to be heard in a committee of their chamber of origin. House bills and joint resolutions in a House committee and Senate bills. and joint resolutions in a Senate committee. It will be a fast-paced week as members work to move their proposals on to the next step of the legislative process.
Dick Pryor: Absolutely. Fast paced. Thanks Shawn.
Shawn Ashley: You're very welcome.
Dick Pryor: And that's Capitol Insider. If you have questions, e-mail them to news@kgou.org or contact us on Twitter @kgounews and @QuorumCallShawn. Until next time, with Shawn Ashley, I'm Dick Pryor.
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