OK: Another First Amendment Lawsuit

Oklahoma's Education Dudebro-in-Chief just loves him some lawsuits, so he's decided to launch another one, this time going after the Freedom From Religion Foundation in a federal lawsuit that pushes back against a challenge to his efforts to inject Christianity into Oklahoma classrooms.

The triggering event for Walters appears to have been a cease and desist letter sent to Achilles Public School on behalf of a parent who objected to a beginning the day with a mandatory prayer and teachers reading Bible verses to students. Walters says this is about more than a single school, but does not name other schools in the suit. FFRF surmises that these may be references to other complaints against Oklahoma schools that were peacefully settled in previous years. 

Walters statement about the suit boils down to "We won't let these out-of-state atheists try to erase faith from public life." FFRF is based in Wisconsin.

The sequence of event laid out by the complaint puts the letter in the context of his drive to address the “dismantling of faith and family values in public schools.” It notes that he made his Bibles-in-classrooms directive, then opened the Office of Religious Liberty and Patriotism, and so, in line with that, an APS teacher started using Bible verses in lessons, and the school started including prayers in morning announcements. Shortly after that, the superintendent received the letter regarding “unconstitutional school-sponsored prayer and bible readings.” FFRF requested that the school knock it off.

The actual argument cites the "trendy disdain for deep religious convictions" line from Espinoza. It argues that Oklahoma is super-religious (therefor, I guess, they want religion injected in schools). OSDE and Walters are doing their job of determining what Oklahoma students should learn, and FFRF 

has interfered with and continues to interfere with Superintendent Walters’s and OSDE’s statutory duty to oversee Oklahoma’s public schools and their duty to implement curricular standards, investigate any complaints levied against an Oklahoma school, and advocate for its students and parents.

 There is the usual dismissal of the wall between church and state:

FFRF claims as its basis for such interference as its desire to “promote the constitutional principle of separation of church and state.” Curiously, neither the word “separation” nor the word “church” appears anywhere in the text of the United States Constitution. By contrast, the Declaration of Independence makes reference to God, a “Creator,” a “Supreme Judge,” and “Divine Providence,” thereby solidifying the notion that a complete “separation of church and state” was never the intention of the Nation’s founders.

The complaint also paints FFRF as just annoying busybodies, going all the way back to their response to the 1996 Oklahoma bombing. The audacity.  

In reality, their actions are nothing more than the very prejudice, hatred, and bigotry they pretend to despise hidden behind a thinly woven cloak of constitutional championship.

Finally, Achille is a small town and FFRF has 40,000 members. So FFRF, argues the complaint in "an analogy sure to draw FFRF's ire, is Goliath picking on a David. 

And while the plaintiffs face "irreparable injury," not so the FFRF

as the Defendant has no interest in how the State of Oklahoma chooses to govern its citizens, how the duly elected Superintendent of Public Instruction performs the duties of his office, or how Oklahoma’s public schools implement curriculum and standards set forth by the OSDE and the State Board of Education. Granting an injunction weighs in favor of public interest. If the citizens of Oklahoma are unhappy with their elected officials, the solution is at the ballot box, and not in the hands of an out-of-state organization with little else to do but issue non-stop cease and desist letters to rural and independent school districts in states that are half a country away from them.

I include all these quotes just to give a sense of how angry the lawsuit is. Walters, like many MAGA christianists, just seems so angry and unhappy. 

The lawsuit can't quite make up its mind about what's going on here. This Bible reading shouldn't be a big deal because the Supreme Court has long recognized "the secular value of religious texts, including the Bible, in school settings" but also the court should enjoin FFRF from interfering with the school faculty, staff or students "exercising their rights under the Free Exercise clause of the First Amendment." So, there are no religious practices going on here, and also, how dare you interfere with these religious practices. But they're correct in mentioning the First Amendment, because if Walters' various Religion (But Only My Religion) In The Classroom policies aren't a violation of the Establishment Clause, I don't know what is. 

So here we go-- one more case to pry apart the First Amendment and batter the separation of church and state. Who knows how this will turn out, other than resulting in one more Ryan Walters media blitz. But in the meantime, if you'd like to join or contribute to the Freedom From Religion Foundation, you can do that here.