Senate panel OKs measure on religion, state resources

A Senate panel passed a measure on Wednesday to let voters decide whether to repeal a section of the Oklahoma Constitution that was the basis for the court-ordered removal of the Ten Commandments monument from the Capitol grounds.

Senate Joint Resolution 72, by Sen. Rob Standridge, R-Norman, passed the Senate Rules Committee by a vote of 13-2. It now moves to the Senate floor.

In June, the Oklahoma Supreme Court, in a 7-2 ruling, found the monument violated the state constitutional ban on the use of state resources to favor a religion. The court ordered it removed.

Article 2, Section 5 reads: “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.”

The monument was erected with private funds.

The lawsuit was brought by the ACLU of Oklahoma on behalf of four plaintiffs, one of whom is now deceased.

The monument is now housed on the grounds of the Oklahoma Council of Public Affairs, a nongovernmental organization with its headquarters a few blocks south of the Capitol.

Standridge said last year’s court ruling was based on a specific section of the Constitution and that it removed a monument that Oklahomans liked having on the Capitol grounds.

“I think the citizens didn’t appreciate that,” he said.

He said the section is not needed and concerns issues that are “not around” anymore.

Brady Henderson, ACLU of Oklahoma legal director, said he was not surprised that the measure was passed by the Senate committee.

He said that even if voters approve the change to the state constitution, returning the monument to the Capitol grounds would violate the First Amendment to the U.S. Constitution.

That amendment, in part, says Congress shall make no law respecting the establishment of religion or prohibiting the free exercise of religion.

Henderson said the ACLU or others would most certainly bring a lawsuit to have the monument removed again.