By JORDAN MCLEMORE, Staff Reporter
Election Day is November 8th, and there are many items on the ballot this year, one of them being state questions 790.
According to okpolicy.org, SQ 790 repeals Article 2, section 5 of the state constitution. The language to be repeated prohibits the use of state money or property for religious or sectarian purposes. Article 2, Section 5 reads: “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 or religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian institution as such.” The repeal of Article 2, Section 5 is supported by school choice advocates who believe it may interfere with proposed and existing voucher programs.
The proposed question arose from a state Supreme Court decision ordering the removal of a Ten Commandments monument from the Capitol grounds, and from concerns the ban could affect the eligibility of certain institutions for school vouchers, Oklahoma’s Promise scholarships, Medicaid, and other state-funded programs.
SQ 790 was placed on the ballot by a majority vote in the Oklahoma Legislature. Supporters of the state question in the Legislature said they were motivated by a recent Oklahoma Supreme Court decision, Prescott v. Oklahoma Capitol Preservation Commission, where the court ruled that a Ten Commandments monument on the State Capitol grounds was an unconstitutional use of public property based on Article 2, Section 5.
Even if voters approve SQ 790, there is some possibility that the United States Supreme Court will rule that the Ten Commandment monument’s display on public grounds violates the First Amendment of the U.S. Constitution. Previous U.S. Supreme Court decisions have prohibited some Ten Commandment monument displays while allowing others. The Court’s reasoning has depended on the history and context of each monument.
People supporting SQ 790 say that Oklahoma Supreme Court’s interpretations of Article 2, Section 5 ban the Ten Commandments monuments on public grounds and this, in turn, makes Oklahoma hostile to religion.
People opposing SQ 790 say that repealing Article 2, Section 5, would threaten to allow taxpayer support of sectarian religion in ways that would threaten the separation of church and state and divide Oklahomans along religious lines.
If SQ 790 passes, it would remove Article 2, Section 5 of the Oklahoma Constitution. This has been interpreted by the Oklahoma courts as requiring the removal of a Ten Commandments monument from the grounds of the State Capitol. If this measure repealing Article 2, Section 5 is passed, the government would still be required to comply with the Establishment Clause of the United States Constitution, which is a similar constitutional establishment that prevents the government from endorsing a religion or becoming excessively involved with religion.
What needs to be remembered during election time, however, is to be informed on all sides of the questions on the ballot. SQ 790 is just one of many and everyone has an opinion. Voters need to do research, which will allow them to make an informed decision.