Walters' Bible-teaching mandate is unconstitutional, Mayes County man claims in lawsuit

The Oklahoma State Department of Education wants a lawsuit filed by a Mayes County man over state schools Superintendent Ryan Walters’ Bible-teaching mandate for Oklahoma schools moved to federal court.

Joseph Price of Locust Grove sued Walters and the state of Oklahoma in Mayes County District Court on June 27, the day Walters announced he’d sent a directive to every Oklahoma school district, mandating the Bible be incorporated into classroom teaching . It's the latest in a string of lawsuits that have been filed against Walters' department for a range of issues as he has steadily attacked what he calls radical left-wing indoctrination in schools since taking office last year.

Further guidance regarding the mandate, provided on Wednesday by Walters, said, “This memorandum and the included standards must be provided to every teacher as well as providing a physical copy of the Bible, the United States Constitution, the Declaration of Independence, and the Ten Commandments as resources in every classroom in the school district. These documents are mandatory for the holistic education of students in Oklahoma.”

At least a dozen large school districts have said they don’t plan to alter their curriculum to incorporate Walters’ mandate. The Center for Education Law, based in Oklahoma City, has called Walters' mandate invalid under state law. That legal firm earlier this year successfully represented Edmond Public Schools in that district’s lawsuit against Walters and the state Board of Education. Responding to that lawsuit, the Oklahoma Supreme Court ruled the content of school libraries was a decision to be made by a local school board, not the state board.

Reached Saturday by The Oklahoman, Price said, “It was blatantly unconstitutional, what he was trying to do, so I went down to the courthouse and filed the paperwork. They try to push this stuff in the summer so they can get it implemented this year. You’ve got to be proactive or they will run ramrod over the top of you.”

Price said he’s serving as his own attorney in the case. A Cherokee Nation citizen, he has a bachelor’s degree in criminal justice legal studies from Northeastern State University in Tahlequah.

"Superintendent Walters will vigorously defend the right of the State Board of Education to set and enforce academic standards in accordance with state law and policy," agency spokesman Dan Isett said in response to the lawsuit. "The guidance provided to school districts is clear and there will be full compliance with all academic standards. History will not be rewritten by radical leftists in Oklahoma."

Lawsuit claims Walters' mandate violates both the federal and state constitutions

Price identified himself in his lawsuit as “a concerned citizen and parent of children attending public schools in Oklahoma” and said he “is concerned that this policy violates the constitutional separation of church and state, infringes on the religious freedom of students and parents , and imposes religious beliefs on public school students.”

In the lawsuit, Price said the mandate violates both the Establishment Clause of the First Amendment to the U.S. Constitution and Article II, Section 5 of the Oklahoma Constitution . That part of the state Constitution prohibits the use of public money or property for the benefit of any religious or sectarian institution.

Price asked the court to issue both a preliminary injunction and permanent injunction against the mandate and to award him $250,000 in compensatory damages “for the harm suffered as a result of the policy,” along with any other relief the court “deems just and proper.”

On Wednesday, after Walters issued his agency’s guidance concerning Bible teaching, Price submitted a supplemental brief to his lawsuit saying, “Despite the guidelines’ claims of neutrality, they raise significant constitutional concerns.”

Those guidelines included instructions under a heading labeled “Legal Considerations:”• “Ensure that all instruction is conducted in a neutral and objective manner. Teachers must not promote or favor any religious beliefs, focusing solely on the historical and literary aspects of the Bible.”

• “Acknowledge the Bible’s influence while recognizing and respecting the diversity of religious beliefs among students. Incorporate perspectives from other religious and secular traditions to provide a balanced view while remaining mindful of all rules for grade level and age level appropriate material.”

• “Maintain open communication with parents about the purpose and content of incorporating the Bible as an instructional support into the curriculum. Provide information on how the curriculum addresses historical and literary aspects, emphasizing that it is not an endorsement of any religious belief.”

• “The Bible must be used in student instruction for its historical, literary and secular value and is not to be used for religious purposes such as preaching, proselytizing or indoctrination.”On Friday, Michael Beason, the state Department of Education’s general counsel, asked U.S. District Judge David Russell in Oklahoma City to move the case to federal court, saying Price’s claim in his state lawsuit “present a federal question.”

Why does Ryan Walters want the lawsuit moved into federal court?

In his brief, Beason misidentified the case number of Price’s state-court filing, instead using the case number of another lawsuit against Walters, one originally filed in Oklahoma County District Court by former state Department of Education employee Janessa Bointy. Walters’ attorneys successfully petitioned for that case to be moved into federal court.

The state agency also has tried to have a third lawsuit against Walters, filed in Cleveland County District Court by a Moore Public Schools student, moved to federal court, using the same argument. Attorneys for the student removed claims of federal-law violations from the lawsuit and Russell sent it back to state court.

Price said he was unaware of Beason’s filing but that he wasn’t surprised the state agency wanted to move the case to federal court.

In ordering instruction on the Bible, Walters has cited broad authority under Title 70 of the Oklahoma Statutes, which governs state education. The law reads, in part, “School districts shall exclusively determine the instruction, curriculum, reading lists and instructional materials and textbooks, subject to any applicable provisions or requirements as set forth in law, to be used in meeting the subject matter standards. School districts may, at their discretion, adopt supplementary student assessments which are in addition to the statewide student assessments.”

This article originally appeared on Oklahoman: Walters' Bible-teaching mandate is unconstitutional, Mayes County man claims in lawsuit