Oklahoma Families, Teachers and Faith Leaders File Lawsuit to Block Superintendent Ryan Walters’ Bible-Education Mandate
OKLAHOMA CITY – More than 30 Oklahomans – including parents and children, public school teachers and faith leaders – today filed a urging the Oklahoma Supreme Court to block state Superintendent of Public Instruction Ryan Walters’ mandate that all public schools incorporate the Bible into their curricula. The lawsuit, Rev. Lori Walke v. Ryan Walters, also asks the court to stop the state from spending millions of taxpayer dollars on Bibles to support the mandate.
The 32 plaintiffs include 14 public school parents, four public school teachers and three faith leaders who object to Walters’ extremist agenda that imposes his personal religious beliefs on other people's children – in violation of Oklahomans’ religious freedom and the separation of church and state. The plaintiffs come from a variety of faith traditions, including Baptist, Catholic, Presbyterian (U.S.A.) and United Church of Christ, and some identify as atheist, agnostic or nonreligious. Some are of Indigenous heritage, and some have family situations – such as LGBTQ+ members or children with special educational needs – that cause particular concerns around teaching the Bible in public schools, especially around bullying.
The plaintiffs are represented by Americans United for Separation of Church and State, the American Civil Liberties Union, the ACLU of Oklahoma Foundation, the Freedom From Religion Foundation and Oklahoma Appleseed Center for Law & Justice.
Plaintiff the Rev. Lori Walke, senior minister of Mayflower Congregational United Church of Christ in Oklahoma City: “I am a faith leader who cares deeply about our country’s promise of religious freedom and ensuring that everyone is able to choose their own spiritual path. The state mandating that one particular religious text be taught in our schools violates the religious freedom of parents and children, teachers, and taxpayers. The government has no business weighing in on such theological decisions. I’m proud to join this lawsuit because I believe Superintendent Walters’ plan to use taxpayer money to buy Bibles and force public schools to teach from them is illegal and unconstitutional.”
Plaintiff the Rev. Mitch Randall of Cleveland County, a Baptist pastor and CEO of Good Faith Media: “As a Christian, I’m appalled by the use of the Bible – a sacred text – for Superintendent Walters’ political grandstanding. As a member of the Muscogee (Creek) Nation, I’m alarmed by the parallels between this Bible mandate and the religious proselytization and forced assimilation my relatives faced in government boarding schools. As a taxpayer, I object to the state spending public funds on religious texts. The separation of church and state is a bedrock principle protecting religious liberty for every citizen; I urge the court to uphold this principle and strike down this mandate.”
Plaintiff Erika Wright of Cleveland County, the founder and leader of the Oklahoma Rural Schools Coalition and a parent of two children who attend public schools: “As parents, my husband and I have sole responsibility to decide how and when our children learn about the Bible and religious teachings. We are devout Christians, but different Christian denominations have different theological beliefs and practices. It is not the role of any politician or public school official to intervene in these personal matters. Oklahoma's education system is already struggling, ranking nearly last in national standings. Mandating a Bible curriculum will not address our educational shortcomings. Superintendent Walters should focus on providing our children and teachers with the resources they need; our families can handle religious education at home.”
Rachel Laser, president and CEO of Americans United: “The separation of church and state guarantees that families and students – not politicians – get to decide if, when and how to engage with religion. Superintendent Ryan Walters is abusing the power of his office to advance a Christian Nationalist agenda and impose his personal religious beliefs on other people's children. Not on our watch. We’re proud to defend the religious freedom of all Oklahomans, from Christians to the nonreligious.”
Daniel Mach, director of the ACLU Program on Freedom of Religion and Belief: “This Bible mandate is a blatant power grab that violates state law and tramples the separation of church and state. Public-school students, families, and teachers – and the taxpayers who support them – deserve better.”
Tamya Cox-Touré, executive director of the ACLU of Oklahoma: “By filing this lawsuit, Oklahomans have come together in a common fight to reject the State Board of Education’s use of religion as a cover for repression. All families and students should feel welcome in our public schools and we must protect the individual right of students and families to choose their own faith or no faith at all. The separation of church and state is a bedrock of our nation’s founding principles.”
Annie Laurie Gaylor, co-president of the Freedom From Religion Foundation: “Superintendent Ryan Walters cannot be allowed to employ the machinery of the state to indoctrinate Oklahoma’s students in his religion. Thankfully, Oklahoma law protects families and taxpayers from his unconstitutional scheme to force public schools to adopt his preferred holy book.”
Colleen McCarty, executive director of Oklahoma Appleseed Center for Law and Justice: “The constant use of Oklahoma as a testing ground for religious extremism is growing tiresome. Oklahoma families deserve a public school system devoted to the education of their children, and instead we get flash-bulb political stunts and attempted erosion of the Constitution. The buck stops here. We will defend the principles our nation is built on, starting with the separation of church and state.”
Ryan Walters issued a June 27 mandate unilaterally requiring every public school in Oklahoma to “incorporate the Bible, which includes the Ten Commandments,” into the curriculum for grades 5-12, an abuse of power that ignored state laws. Walters then fast-tracked plans to spend $3 million of taxpayer money on an expensive, Christian Nationalist version of the King James Bible that includes the Constitution, Declaration of Independence, Pledge of Allegiance, and Bill of Rights, another abuse of power and gross violation of Oklahoma taxpayers’ religious freedom. Walters wants to spend another $3 million on Bibles next year.
The lawsuit asserts that the Bible-education mandate violates the Oklahoma Constitution’s religious freedom protections because the government is spending public money to support religion, as well as favoring one religion over others by requiring the use of a Protestant version of the Bible. The mandate also violates the Oklahoma Administrative Procedures Act and other state statutes because officials did not follow required rules for implementing new policies and for spending public money.
The defendants in the lawsuit are Walters; the Oklahoma State Department of Education; the Oklahoma State Board of Education and its five members, Donald Burdick, Sarah Lepak, Katie Quebedeaux, Zachary Archer and Kendra Wesson; and the Oklahoma Office of Management and Enterprise Services, its Executive Director Rick Rose, State Purchasing Director Amanda Otis and Contracting Officer Brenda Hansel.
The attorneys and legal staff on the team representing the plaintiffs include Alex J. Luchenitser, Luke Anderson, Scott Lowder, and Jess Zalph at Americans United; Daniel Mach and Heather L. Weaver at the ACLU; Megan Lambert at the ACLU of Oklahoma; Patrick Elliott and Samuel Grover at FFRF; and Colleen McCarty and Leslie Briggs at Oklahoma Appleseed.
Learn More About the Issues in This Press Release
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Press ReleaseDec 2024
National Security
Religious Liberty
ACLU Statement on New White House Strategy to Counter IslamophobiaACLU Statement on New White House Strategy to Counter Islamophobia
WASHINGTON – The Biden administration today released the first-ever national strategy to counter Islamophobia and related forms of bias and discrimination, including hate against Arab, Sikh, and South Asian Americans. In advance of the strategy, American Civil Liberties Union and its partners had urged the administration to overhaul government programs that reflect anti-Muslim discrimination. In particular, we have called for urgent action to constrain governmental agencies from continuing to exercise their authorities and technology to wrongly surveil and investigate, watchlist, and question and detain Muslims at the border, as well as deny immigration benefits to people from Muslim-majority countries. While the White House raised expectations that many of these issues would be addressed, the final strategy ended up falling far short. The following is a statement from Hina Shamsi, director of the ACLU’s National Security Project: “While this strategy acknowledges discrimination and its harms, it does little to end them and is a squandered opportunity. For decades, American officials have invoked national security to pass laws and implement programs that disproportionately harm Muslims and people perceived to be Muslim. A serious anti-discrimination strategy would concretely address multiple bias-infused government practices that deny our communities equal participation in civic life and our democracy, like federal watchlisting, surveillance, and investigation. We’re profoundly frustrated that the administration didn’t take even the basic, overdue step of recognizing that anti-Muslim discrimination is uniquely normalized and embedded in government policies.” -
Press ReleaseNov 2024
Religious Liberty
Civil Liberties Organizations Unite to Oppose Oklahoma Education Superintendent Ryan Walters’ Latest Push for Religion in Public SchoolsCivil Liberties Organizations Unite to Oppose Oklahoma Education Superintendent Ryan Walters’ Latest Push for Religion in Public Schools
The American Civil Liberties Union, ACLU of Oklahoma, Freedom From Religion Foundation, Americans United for Separation of Church and State, and Oklahoma Appleseed Center for Law & Justice are uniting to challenge Oklahoma State Superintendent of Public Instruction Ryan Walters’s latest attempt to impose religion on students in the state’s public school system. On Friday, the coalition sent a letter to every superintendent in Oklahoma urging them not to show or disseminate Walters’ prayer video. The letter emphasizes the constitutional requirement for public schools to remain secular and warns that promoting the video to students and parents would violate both the First Amendment of the U.S. Constitution and Article I, Section 2 of the Oklahoma Constitution. The letter also points out that Superintendent Walters lacks the authority to require local school districts to play the video (or any other video) to their students. On Thursday, to promote his new “Office of Religious Liberty and Patriotism,” Superintendent Walters emailed all superintendents within the state a “Mandatory Announcement” that linked to a video entitled “Prayer for the Nation.” Additionally, the email asserted that all Oklahoma schools must play the video for all their students and send it to their parents. In the video, Walters blames the “radical left” and “woke teachers unions” for “attacking” religious liberty and then delivers a lengthy prayer supporting President-elect Donald Trump. Walters encourages students to join in his prayer. “Requiring students to watch a prayer video violates students’ religious freedom, including their Establishment Clause rights,” the coalition’s letter warns. “It is beyond dispute that, at a minimum, the Constitution guarantees that government may not coerce anyone to support or participate in religion or its exercise[.]” The coalition reminds superintendents of their responsibility to protect all students’ religious freedom, regardless of their personal beliefs. By promoting a specific religious perspective, schools risk alienating students who do not share those beliefs, fostering an environment of exclusion and discrimination. The coalition encourages parents and students to report any incidents where the video has been shown or used in schools. Walters separately announced on Thursday that he purchased more than 500 Bibles for Advanced Placement (AP) Government classrooms. In October, the coalition filed a lawsuit on behalf of 32 Oklahomans urging the Oklahoma Supreme Court to block Walters’ mandate that all public schools incorporate the bible into their curricula. This coalition stands firm in defending the rights of every student to receive a secular education free from religious influence. A copy of the letter can be found here: https://ffrf.org/wp-content/uploads/2024/11/State-Superintendent-Ryan-Walters-OK-Religious-Video-Mandate.pdf -
MaineNov 2024
Religious Liberty
St. Dominic Academy v. MakinSt. Dominic Academy v. Makin
The ACLU, ACLU of Maine, and Americans United for Separation of Church and State filed an amicus brief with the U.S. Court of Appeals for the First Circuit arguing that religious schools in Maine participating in the state’s school tuition program must comply with all eligibility requirements of the program – including a prohibition on discrimination on the basis of religion, sexual orientation, and gender identity, among other protected characteristics. -
Press ReleaseNov 2024
Religious Liberty
Court Blocks Louisiana Law Requiring Public Schools to Display Ten Commandments in Every ClassroomCourt Blocks Louisiana Law Requiring Public Schools to Display Ten Commandments in Every Classroom
BATON ROUGE, LA – In a victory for religious freedom, a federal district court issued a preliminary injunction today in Rev. Roake v. Brumley, prohibiting implementation of a Louisiana law that requires all public schools to permanently display a government-approved, Protestant version of the Ten Commandments in every classroom. In the ruling, Judge John W. DeGravelles determined that Louisiana’s H.B. 71, enacted last June, violates the First Amendment and longstanding Supreme Court precedent. More than 40 years ago, in Stone v. Graham, the Supreme Court overturned a similar state statute, holding that the First Amendment bars public schools from posting such displays. The defendants conceded during oral argument that Stone remains good law and is binding on lower courts. In his 177-page opinion, the judge explained: [T]hese displays must be posted in every “classroom in each school,” all year round, regardless of subject matter, and regardless of the age of the student. Thus, the question is not whether the Biblical laws can ever be put on a poster; the issue is whether, as a matter of law, there is any constitutional way to display the Ten Commandments in accordance with the minimum requirements of the Act. In short, the Court finds that there is not. First, Stone remains good law and is directly on point, and this Court is bound to follow it. Second, even putting Stone aside . . . , Plaintiffs have adequately alleged that H.B. 71 fails to comply with the Establishment Clause analysis laid out in Kennedy and Fifth Circuit precedent. Judge DeGravelles also recognized that H.B. 71 would lead to unconstitutional religious coercion of the children-plaintiffs in the case by imposing religious doctrine on them for nearly every hour of the school day, throughout their entire public-school education. And, pointing to the testimony of plaintiffs’ expert, Dr. Steven K. Green, the court found that there is no historical support for permanently displaying the Ten Commandments in public-school classrooms and that doing so would be at odds with our nation’s Founders’ understanding of the separation of church and state. The court’s opinion concludes: Each of the Plaintiffs’ minor children will be forced “in every practical sense,” through Louisiana’s required attendance policy, to be a “captive audience” and to participate in a religious exercise: reading and considering a specific version of the Ten Commandments, one posted in every single classroom, for the entire school year, regardless of the age of the student or subject matter of the course. And, despite the differences among the Plaintiffs’ religious beliefs (be they Unitarian Universalist, Reform Jewish, Presbyterian, or atheist/agnostic), the common threads are (1) that the required posting of the Decalogue conflicts with specific parts of their faith, and (2) that one of those articles of faith, shared by nearly all Plaintiff parents, is raising their children in accordance with their own beliefs and values. Considering the totality of the circumstances, the Court finds that the Act and its requirements are coercive and inconsistent with the history of First Amendment and public education. The court further ruled that H.B. 71 also violates the plaintiffs’ rights under the Free Exercise Clause. After finding that the law violates the plaintiffs’ constitutional rights, the court prohibited the defendants from “(1) enforcing H.B. 71; (2) adopting rules or regulations for the enforcement of H.B. 71; and (3) requiring that the Ten Commandments be posted in every public-school classroom in Louisiana in accordance with H.B. 71.” The Court additionally directed the state defendants to provide notice of its order and H.B. 71’s unconstitutionality to all Louisiana public elementary, secondary, and charter schools, and all public post-secondary education institutions. Because the court denied the defendants’ request to pause (or “stay”) the preliminary injunction while they seek relief from the U.S. Court of Appeals for the Fifth Circuit, it immediately takes effect. “H.B. 71 is a direct infringement of our religious-freedom rights, and we’re pleased and relieved that the court ruled in our favor,” said Rev. Darcy Roake, who is a plaintiff in the case along with her husband, Adrian Van Young. “As an interfaith family, we expect our children to receive their secular education in public school and their religious education at home and within our faith communities, not from government officials.” “This ruling should serve as a reality check for Louisiana lawmakers who want to use public schools to convert children to their preferred brand of Christianity,” said Heather L. Weaver, Senior Staff Attorney for the ACLU’s Program on Freedom of Religion and Belief. “Public schools are not Sunday schools, and today’s decision ensures that our clients’ classrooms will remain spaces where all students, regardless of their faith, feel welcomed.” “We are pleased that the First Amendment rights of students and families are protected by this vital court decision,” said Patrick Elliott, Legal Director of the Freedom From Religion Foundation. “This ruling will ensure that Louisiana families – not politicians or public school officials – get to decide if, when and how their children engage with religion,” said Rachel Laser, president and CEO of Americans United for Separation of Church and State. “It should send a strong message to Christian Nationalists across the country that they cannot impose their beliefs on our nation’s public school children. Not on our watch.” “Religious freedom—the right to choose one’s faith without pressure—is essential to American democracy,” said Alanah Odoms, Executive Director of the ACLU of Louisiana. “Today’s ruling ensures that the schools our plaintiff’s children attend will stay focused on learning, without promoting a state-preferred version of Christianity.” Jon Youngwood, Co-Chair of Simpson Thacher’s Litigation Department, added, “We are heartened by the District Court’s well-reasoned and detailed opinion, which rests upon the wisdom of the First Amendment to the Constitution and the protections it affords regarding the separation of church and state and the free exercise of religion.” Represented by the ACLU, ACLU of Louisiana, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel, the plaintiffs in Roake v. Brumley are a multifaith group of nine Louisiana families with children in public schools. Today’s opinion, issued by the U.S. District Court for the Middle District of Louisiana, is available online here: https://assets.aclu.org/live/uploads/2024/11/LA-10c-Opinion.pdf