Beware of unintended consequences…

by Robin Dorner
Editor in Chief

In a 7-2 decision, the Oklahoma Supreme Court decided in late June that the Ten Commandments monument located on state property on the Oklahoma capitol grounds violated Article 2, Section 5 of the Oklahoma Constitution, citing no public money or property can be directly or indirectly for the “benefit, or support of any sect, church, denomination, or system of religion.”

In July, the controversy continued. “Be careful what you wish for, because you just might get it,” state Rep. Donnie Condit (D-McAlester) reminded his legislative colleagues Thursday.

In response to the OK Supreme Court’s ruling, Rep. John Paul Jordan (R-Yukon), joined by 13 Republican Representatives and Sen. Rob Standridge (R-Norman), filed House Joint Resolution 1036 for consideration next year by the Legislature. The resolution would send to a vote of the people a proposal to repeal the controversial provision.

However, Article II, Section 5, of the Constitution decrees that, “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.”

Striking Article II, Section 5 from the Constitution would indeed enable the Ten Commandments monument to remain right where it is, Condit acknowledged. It also would open the door to others who might want to erect a monument to, say, Islam, Buddhism, Hinduism or Zoroastrianism, or even Satanism, Condit speculated.

A Tulsa World editorial suggested an alternative idea saying, “[T]he safest solution is a simple constitutional amendment that says….a monument to the Ten Commandments shall be maintained on the state Capitol grounds to commemorate the biblical roots of U.S. law.”

The Satanic Baphomet monument was constructed more than a year ago out of controversy to sit alongside the Ten Commandments monument at the Oklahoma state capitol grounds. But with the Oklahoma Supreme Court ruling that the Ten Commandments must come down, Satanic Temple’s Baphomet will need a new home.

 “The entire point of our effort was to offer a monument that would complement and contrast the 10 Commandments, reaffirming that we live in a nation that respects plurality, a nation that refuses to allow a single viewpoint to co-opt the power and authority of government institutions,” said Satanic Temple spokesman Doug Mesner in an interview with the Washington Post. “Given the Court’s ruling, TST no longer has any interest in pursuing placement of the Baphomet monument on Oklahoma’s Capitol grounds.”

Gov. Mary Fallin's representatives say she is talking to Attorney General Scott Pruitt about the state's legal options for the ordered removal of the Ten Commandments monument.

“Our country is under assault from an unelected judiciary that is continuously trying to force cultural change upon us,” said Rep. Mike Sanders (R-Kingfisher) in a press release about the decision. “First, we had the U.S. Supreme Court counter a long tradition of marriage law. Now the Oklahoma Supreme Court is going against higher court rulings on the use of Ten Commandment monuments, saying the Capitol monument is unconstitutional. This is pure evil winning in our state and country.”

Rep. Kevin Calvey (R-Oklahoma City) said several legislators, including Sanders, are calling for the officials’ impeachment. Sanders said that is not true.

Attorney General Scott Pruitt released this statement on the ruling by the Oklahoma Supreme Court: “Quite simply, the Oklahoma Supreme Court got it wrong. The court completely ignored the profound historical impact of the Ten Commandments on the foundation of Western law. Furthermore, the court’s incorrect interpretation of Article 2, Section 5 contradicts previous rulings of the court. In response, my office will file a petition with the court for a rehearing in light of the broader implications of this ruling on other areas of state law. In the interim, enforcement of the court’s order cannot occur.”

Rev. Paul S. Coakley, Archbishop, Catholic Archdiocese of Oklahoma City said in a statement “The Supreme Court’s decision to remove the Ten Commandments monument from the Capitol grounds ignores its historical significance in the formation of our state and as an ancient law code having prominence at the place where lawmakers work to enact wise and just laws. The Court's dismissal of these established facts is deeply concerning and disappointing."

Since it was erected in 2012, the monument has been the center of controversy, although it was paid for by private money. Last year, the ACLU (American Civil Liberties Union) filed suit, stating, “the monument violated state-and-church provisions.”

Other groups have since requested placing their own monuments and their requests were denied.

The Gayly – August 2, 2015 @ 5pm.