TRANSCRIPT
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, the 10th U.S. Circuit Court of Appeals has issued an opinion in favor of enforcement of an Oklahoma law that had been challenged and blocked in part in a lower federal court. The case involves House Bill 1775 that was passed by the legislature and signed by Governor Kevin Stitt in 2021. It concerns what cannot be taught in Oklahoma public schools and higher education institutions. Let's start with what the law does.
Shawn Ashley: The portion of the law being challenged prohibits teaching what the court called discriminatory concepts. There are a total of eight concepts listed in the law, but the appeal focused on the language that prohibits teaching of two of them. Specifically, an individual “should be discriminated against to receive adverse treatment, solely or partly because of his or her race or sex,” and “members of one race or sex cannot and should not attempt to treat others without respect to race or sex.” The central issue was what the plaintiffs called the vagueness of the law's wording, such as to make part of a course and its use of double and in at least one case a triple negative in the writing of the law.
Dick Pryor: What did the 10th Circuit court decide?
Shawn Ashley: The court ruled the law clearly prohibits requiring teachers to teach the eight discriminatory concepts as correct principles. The challenged portion of the law, the 10th Circuit said, prohibits teachers from proselytizing students to accept certain racist or sexist creeds as truth. It disagreed with the federal district court that the plaintiffs were likely to show vagueness in the two specific concepts and said that the district court should not have issued the injunction to prevent the law from being enforced. So, it vacated the preliminary injunction and sent the case back to the federal district court in Oklahoma City for further proceedings.
Dick Pryor: Attorney General Gentner Drummond hailed the decision. What happens next?
Shawn Ashley: Drummond could ask that the case be dismissed, citing the 10th Circuit Court's ruling. The plaintiffs could attempt to press forward and seek a ruling on the merits of their argument. In either instance, we'll have to watch the federal district court to see what happens.
Dick Pryor: Now let's go to the Oklahoma Supreme Court, where former State Representative Mark McBride has filed a lawsuit challenging Governor Stitt's call for a statewide vote on a constitutional convention. What is the governor's rationale, and what is the substance of McBride’s argument?
Shawn Ashley: The governor argued in an executive order that he was just doing what the Constitution required - holding an election every 20 years on whether there should be a constitutional convention. McBride's suit argues the Constitution permits only the people by initiative petition or the legislature to call a constitutional convention vote. By setting a vote on a constitutional convention, McBride’s suit contends, Stitt exceeded his authority and violated the separation of powers established by the Oklahoma Constitution. And finally, McBride argues Stitt's executive proclamation setting the election date and his executive order establishing a commission to recommend how the convention would be held do not have the force of law which the suit explains are necessary to set an election date and hold a constitutional convention.
Dick Pryor: Has the Oklahoma Supreme Court signaled what happens next?
Shawn Ashley: The Supreme Court has given the respondents, Governor Stitt, Secretary of State Ben Lepak, and State Election Board Secretary Paul Ziriax, until September 28th to respond to McBride's lawsuit. It also indicated it does not expect to hear oral arguments in the case, and that means it would make its decision based solely on the filings.
Dick Pryor: Interim studies are continuing at the Capitol. A study of particular note concerns water infrastructure. What have legislators heard?
Shawn Ashley: During the hearing before the House Agriculture Committee, Oklahoma Water Resources Board Executive Director Julie Cunningham discussed a list of projects totaling $1 billion that the agency has identified as key places in need of investment by the state. Cunningham said most of the projects are needed because much of Oklahoma's water infrastructure was built in the 1960s and either needs to be repaired or completely rebuilt.
Dick Pryor: Thank you, Shawn.
Shawn Ashley: You're very welcome.
Dick Pryor: For more information, go to quorumcall.online. You can find video of Capitol Insider segments on the KGOU You Tube channel. Audio and transcripts are at kgou.org. And look for Capitol Insider where you get podcasts. Until next time, with Shawn Ashley, I'm Dick Pryor.
Announcer: The fatal shooting of a teenager at a protest in Seattle has gone unsolved for six years. “This is open in your face, how are there no answers?” Our investigation has uncovered new evidence and witnesses who say they've never talked to police. “Did police ever call you? Not once.” Listen to We Keep Us Safe, a new true crime series on the embedded podcast from NPR.
Listeners like you provide essential funding for KGOU’s news reports, including Capitol Insider, available in podcasts, online, on the air and on You Tube. Support Capitol Insider and this station at KGOU.org.
KGOU is the winner of the 2025 Oklahoma Association of Broadcasters Metro Radio Division “Best of Show” award.
