Oklahoma

AMENDMENT LANGUAGE

State Constitutional Provision

Okla. Const. art. II, § 5: "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."

RELEVANT CASES

State Courts

·       Burkhardt v. City of Enid, 771 P.2d 608 (Okl. 1989) (A city ordinance benefiting a private university did not violate the state constitution since the school was not a sectarian institution but rather an institution with some religious influence).

·       Board of Ed. for Independent School Dist. No. 52 v. Antone, 384 P.2d 911 (Okl. 1963) (The court re-affirmed the decision in Gurney v. Ferguson).

·       State for Use And Benefit of Town of Pryor v. Williamson, 347 P.2d 204 (Okl. 1959) (The Supreme Court of Oklahoma affirmed as constitutional the building of a privately-funded memorial chapel on state land used for gatherings including nonsectarian, nondenominational religious services).

·       Murrow Indian Orphans Home v. Childers, 171 P.2d 600 (Okl. 1946) (Based on the state’s duty to care for needy children, the state can contract with private, sectarian institutions to care for orphans without violating the state constitution as long as the state receives a substantial return and the payments do not amount to a gift, donation, or appropriation having no relevancy to the affairs of the State).

·       Gurney v. Ferguson, 122 P.2d 1002 (Okla. 1941) (A state statute providing transportation to private school students as well as public school students is a clear violation of Article II, Section 5 of the state constitution).

·       Sharp v. City of Guthrie, 152 P. 403 (Okla. 1915) (As long as adequate consideration is given, a city can sell property to a sectarian institution without violating the state constitution).

·       Oklahoma Ry. Co. v. St. Joseph's Parochial School, 127 P. 1087 (Okla. 1912) (The Supreme Court of Oklahoma held that a provision in a municipal grant of railway rights requiring the railroad to provide discounted rates to students included private school students because the “makers of the Constitution recognized that parents might prefer their children to attend sectarian, denominational, or private schools rather than the public schools maintained by the state” and, therefore, the presumption is that the contract would not discriminate).

·       Connell v. Gray, 127 P. 417 (Okla. 1912) (The state board of regents cannot require students to pay a fee used for the maintenance of the YMCA and YWCA as an entrance requirement under Art. 2, § 5).

SECONDARY MATERIALS

State Attorney General Opinions

·       1984 Op. Atty. Gen. No. 227. (“Funds raised by or through a public trust organized under 60 O.S.1981, § 176 that do not come from the public treasury are not ‘public money’ and not subject to Article II, § 5 of the Oklahoma Constitution.”).

·       1982 Op. Atty. Gen. No. 169. (Federal funds deposited in the state treasury pursuant to a federal grant-in-aid program are held in trust for a specific purpose pursuant to congressional policy and regardless of state constitutional limitations restricting the use of state funds.).

·       1982 Op. Atty. Gen. No. 68. (Because provisions of the federal Omnibus Reconciliation Act allocate funds to private schools, the State cannot administer these portions without contravening Art. 10, § 15, and Art. 2, § 5 of the Oklahoma Constitution. A dual enrollment procedure cannot be used to remedy the constitutional problems.)

·       1981 Op. Atty. Gen. No. 196. (The State Board of Vocational and Technical Education may contract with private nonsectarian post-secondary educational institutions to provide a vocational training program but it may not contract with private sectarian post-secondary educational institutions).

·       1979 Op. Atty. Gen. No. 60. (The State Constitution prohibits the State from administering and providing services to private school students under Title IV programs.).

·
1979 Op. Atty. Gen. No. 132. (Art. 2, § 5, of the Oklahoma Constitution prohibits the State Department of Energy from using certain federal grants to assist private sectarian schools in modifying their facilities to conserve energy.).

·       1971 Op. Atty. Gen. No. 272. (July 1, 1971) (The state constitution restricts trustees of a public trust from issuing bonds and using the proceeds financially support a sectarian institution.).

REPEAL EFFORTS

See the Heritage Foundation website for a list of state contacts.