Oklahoma Education Department Creates Office of Religious Liberty and Patriotism

In a November 12 press release, Oklahoma State Superintendent of Public Instruction Ryan Walters announced the creation of the Office of Religious Liberty and Patriotism at the State Department of Education, saying in part:

[The Office] will serve to promote religious liberty and patriotism in Oklahoma and protect parents, teachers, and students’ abilities to practice their religion freely in all aspects. The office will also oversee the investigation of abuses to individual religious freedom or displays of patriotism. Guidance to schools will be issued in the coming days on steps to be taken to ensure the right to pray in schools is safeguarded....

The new office will be charged with supporting teachers and students when their constitutional rights are threatened by well-funded, out of state groups as happened in Skiatook last year when a school was bullied into removing Bible quotes from a classroom....

The newly established Office of Religious Liberty and Patriotism is in line with one of President Trump’s top education priorities, “Freedom to Pray.”...

KOKH News has more on Walters' promotion of school prayer. [Thanks to Scott Mange for the lead.]

Oklahoma Launches New Office of Faith Based Initiatives

Oklahoma Governor Kevin Stitt yesterday announced the launch of the state's new Office of Faith Based Initiatives. According to the Office's website, the Office serves as a "connection point for faith-based and community organizations wishing to partner with state government agencies across Oklahoma."

Suit Challenges Oklahoma Bible Education Mandate and Purchase of Bibles

Suit was filed this week by public-school parents, their minor children, teachers, and clergy challenging Oklahoma's recently imposed requirement for all public schools to incorporate the Bible in their curricula. The suit was filed in the Oklahoma Supreme Court asking it to assume original jurisdiction because of the importance and time-sensitiveness of the case. The suit seeks a declaratory judgment, injunction and writ of mandamus providing that the Bible Education Mandate is invalid and unenforceable and seeks orders preventing the purchase of Bibles under the RFP issued by the state. (See prior posting.) The complaint (full text) in Walke v. Walters, (OK Sup. Ct., filed 10/17/2024), alleges in part:

The planned $3 million in spending on Bibles would unlawfully support an invalid rule.  The spending is also illegal for a number of other reasons.  No statutory or other legislative authority exists for Respondents to spend state funds on curricular materials that they select; rather, their authority is limited to providing state funds to individual school districts that the districts can then spend on texts of their own choice.  Respondents intend to spend on the Bibles funds that were designated for other purposes and have not been lawfully reallocated.  The Request for Proposal to supply Bibles violates state procurement requirements because it is gerrymandered to favor two particular providers.  And religious freedom provisions of Oklahoma’s Constitution—specifically Section 5 of Article II and Section 2 of Article I—prohibit spending state funds on the Bibles, because they are religious items and the spending would support one particular religious tradition.

AP reports on the lawsuit.

Cert. Petition Filed in Oklahoma Religious Charter School Case

A petition for certiorari (full text) was filed yesterday with the U.S. Supreme Court in Oklahoma Statewide Charter School Board v. Drummond, (Sup. Ct., cert. filed 10/7/2024). In the case, the Oklahoma Supreme Court held that the state Charter School Board's authorization of a Catholic sponsored publicly-funded charter school violates Oklahoma statutes, the Oklahoma Constitution and the First Amendment's Establishment Clause. (See prior posting.) The petition for review contends that exclusion of religious schools from the state's charter school program violates the 1st Amendment's free exercise clause and that religious instruction by a state-funded charter school does not constitute state action. ADF issued a press release announcing the filing of the petition for review.

Oklahoma Specs for Classroom Bibles Apparently Limited To 2 Versions Endorsed by Donald Trump [UPDATED]

As previously reported, last June the Oklahoma State Superintendent of Public Instruction issued a Memo to all public-school superintendents in the state requiring them to incorporate the Bible into their schools' curriculum. On Wednesday, the Oklahoma State Department of Education issued a Request for Proposal for the purchase of 55,000 Bibles for Oklahoma classrooms. The RFP specified that bids must be for 

King James Version Bibles that contain The United States Pledge of Allegiance, The U.S. Declaration of Independence, The U.S. Constitution, and The U.S. Bill of Rights documents.

The Oklahoman reported yesterday: 

A salesperson at Mardel Christian & Education searched, and though they carry 2,900 Bibles, none fit the parameters. 

But one Bible fits perfectly: Lee Greenwood’s God Bless the U.S.A. Bible, endorsed by former President Donald Trump and commonly referred to as the Trump Bible. They cost $60 each online, with Trump receiving fees for his endorsement. 

Mardel doesn’t carry the God Bless the U.S.A. Bible or another Bible that could meet the specifications, the We The People Bible, which was also endorsed by Donald Trump Jr. It sells for $90.

According to The Hill, a spokesperson for the Superintendent of Public Instruction:

There are hundreds of Bible publishers and we expect a robust competition for this proposal.

UPDATE: On Nov. 7, the Oklahoma State Department of Education amended its RFP (Attachment A) to provide that the bibles covered by the bid may have the Pledge of Allegiance, Declaration of Independence, Constitution, and Bill of Rights bound separately rather than bound together with the Bible. This presumably opens bidding to many additional publishers. It also extends the deadline for submitting bids. Los Angeles Times reports on the change.

Oklahoma Education Head Requires All Schools to Incorporate the Bible into Their Curriculum

Yesterday, Oklahoma State Superintendent of Public Instruction Ryan Walters issued a Memo (full text) to all public-school superintendents in the state requiring them to incorporate the Bible into their schools' curriculum. The Memo reads in part:

Effective immediately, all Oklahoma schools are required to incorporate the Bible, which includes the Ten Commandments, as an instructional support into the curriculum across specified grade levels, e.g. grades 5 through 12....

The Bible is one of the most historically significant books and a cornerstone of Western civilization, along with the Ten Commandments. they will be referenced as an appropriate study of history, civilization, ethics, comparative religion, or the like, as well as for their substantial influence on our nation's founders and the foundational principles of our Constitution. This is not merely an educational directive but a crucial step in ensuring our students grasp the core values and historical context of our country....

Adherence to this mandate is compulsory.... 

The Department of Education also issued a press release announcing the new policy. KFOR News reports on the new policy. [Thanks to Thomas Rutledge for the lead.]

UPDATE: To implement the policy, in July 2024, the Oklahoma Department of Education issued Guidelines for Teachers.

Oklahoma Supreme Court Says Creation of Religious Charter School Is Unconstitutional

In Drummond v. Oklahoma Statewide Virtual Charter School Board, (OK Sup, Ct., June 25, 2024), the Oklahoma Supreme Court held that the state Charter School Board's authorization of a Catholic sponsored publicly-funded charter school violates Oklahoma statutes, the Oklahoma Constitution and the First Amendment's Establishment Clause. The court said in part:

Although a public charter school, St. Isidore is an instrument of the Catholic church, operated by the Catholic church, and will further the evangelizing mission of the Catholic church in its educational programs. The expenditure of state funds for St. Isidore's operations constitutes the use of state funds for the benefit and support of the Catholic church. It also constitutes the use of state funds for "the use, benefit, or support of . . . a sectarian institution." The St. Isidore Contract violates the plain terms of Article 2, Section 5 of the Oklahoma Constitution....

Because it is a governmental entity and a state actor, St. Isidore cannot ignore the mandates of the Establishment Clause, yet a central component of St. Isidore's educational philosophy is to establish and operate the school as a Catholic school. St. Isidore will fully incorporate Catholic teachings into every aspect of the school, including its curriculum and co-curricular activities. It will require students to spend time in religious instruction and activities, as well as permit state spending in direct support of the religious curriculum and activities within St. Isidore--all in violation of the Establishment Clause....

... [W]hat St. Isidore requests from this Court is beyond the fair treatment of a private religious institution in receiving a generally available benefit, implicating the Free Exercise Clause. It is about the State's creation and funding of a new religious institution violating the Establishment Clause.12 Even if St. Isidore could assert free exercise rights, those rights would not override the legal prohibition under the Establishment Clause. Compliance with the Establishment Clause in this case is a compelling governmental interest that satisfies strict scrutiny under other provisions of the First Amendment.

Vice Chief Justice Rowe concurred in part and dissented in part, saying that he concurred only in the conclusion "that Article 1, Section 5 of the Oklahoma Constitution mandates that public charter schools are nonsectarian."

Justice Kuehn dissented, saying in part:

St. Isidore would not become a "state actor" merely by contracting with the State to provide a choice in educational opportunities. By allowing St. Isidore to operate a virtual charter school, the State would not be establishing, aiding, or favoring any particular religious organization. To the contrary: Excluding private entities from contracting for functions, based solely on religious affiliation, would violate the Free Exercise Clause of the First Amendment to the United States Constitution.

AP reports on the decision.

Oklahoma Legislature Enacts Bill Requiring Schools to Offer Released Time for Credit Courses in Religious or Moral Instruction

Last week the Oklahoma legislature passed and sent to Governor Kevin Stitt for his signature HB 1425 (full text) which requires every school district board to adopt a policy that allows students to attend a released-time course in religious or moral instruction for up to three class periods per week. The course is to be taught by an independent entity off of school property. The school district is to award students credit for the released-time course after the course is evaluated using secular criteria set out in the new law.

According to KRMG News, before the Governor announced whether or not he would sign the bill, The Satanic Temple issued a statement saying that if the bill becomes law, it will offer a released-time course through its Hellion Academy of Released Time Learning. The Satanic Temple said in part that it "believes that public schools should be free from religious influence, [but is] ... prepared to ensure our members’ children receive the same opportunities as those participating in other religion’s programs."

Oklahoma Supreme Court Temporarily Enjoins 3 Laws Restricting Abortions

In Oklahoma Call for Reproductive Justice v. Drummond, (OK Sup. Ct, Nov. 14, 2023), the Oklahoma Supreme Court in a 5-4 decision directed the trial court to issue a temporary injunction preventing enforcement of three statutes that impose regulatory requirements on abortions while challenges to the laws proceed. The court's majority opinion says in part:

[In Oklahoma Call for Reproductive Justice v. Drummond I] we held that the Oklahoma Constitution protects a limited right to an abortion, i.e., one that creates an inherent right of the mother to terminate a pregnancy when necessary to preserve her life.... This ... was defined to mean: a woman has an inherent right to choose to terminate her pregnancy if, at any point in the pregnancy, the woman's physician has determined to a reasonable degree of medical certainty or probability that the continuation of the pregnancy will endanger the woman's life due to the pregnancy itself or due to a medical condition that the woman is either currently suffering from or likely to suffer from during the pregnancy.... We made no ruling on whether the Oklahoma Constitution provides a right to an elective termination of a pregnancy....

H.B. 1904 provides a new requirement that a physician who performs an abortion must be board-certified in obstetrics and gynecology. S.B. 779 requires a physician who is certified to provide an abortion-inducing drug either to have admitting privileges at a hospital in the county or contiguous to the county where the abortion-inducing drug was administered or to have a written agreement with an associated physician in such location. S.B. 778 requires an Ultrasound be performed at least 72 hours prior to providing an abortion-inducing drug, but it does make an exception if such requirement would pose a greater risk of death or impairment.....

The clear weight of the evidence presented showed the apparent effect of the three Acts would place unnecessary burdens on the lawful termination of a pregnancy....

Maintaining the status quo would further the public interest of protecting a woman's right to terminate a pregnancy in order to preserve her life....

A concurring opinion and four dissenting opinions were filed. A dissent by Chief Justice Kane, joined by Justice Kuehn, says in part:

The constitutional analysis undertaken by the majority continues to omit the weighing of the rights and interests of the unborn. Any analysis of an abortion statute that proceeds under the proposition that the life of the unborn is unworthy of consideration is defective. In a separate concurring writing, my colleague makes the identical point as to the life of the mother. I completely agree with my colleague on this. However, the interests of the mother were the only interests considered by the majority- the rights of the unborn remain unheard.

AP reports on the decision.

OK Supreme Court: Church Autonomy Doctrine Requires Dispute Over Disaffiliation to Be Dismissed

In Oklahoma Annual Conference of the United Methodist Church v. Timmons, (OK Sup. Ct., Oct. 24, 2023), the Oklahoma Supreme Court held that under the church autonomy doctrine, a state trial court lacked subject matter jurisdiction to issue the temporary injunction it had entered in a dispute between the United Metodist Church and a local congregation, some of whose members wished to have the congregation disaffiliate from the parent body.  The initial vote by the Church of the Servant congregation fell slightly short of the number needed under United Methodist Book of Discipline to disaffiliate. The District Superintendent refused to exercise the discretion he had under Church rules to call another vote on the matter within a specified time period. The trial court concluded that the District Superintendent was biased against the congregation and ordered the parent body to allow a revote, even though it was beyond the time specified for it in the Book of Discipline.  The Supreme Court said in part: 

In ordering the temporary mandatory injunction in favor of Church of the Servant, Respondent found the church was likely to succeed on the merits and would be irreparably harmed without the injunction.... In so finding, the District Court interpretated the Book of Discipline church doctrine and procedures for UMC and fashioned a remedy contrary to Book of Discipline procedures.

Oklahoma AG Sues State's Charter School Board Over Its Approval of Religious Charter School

Last week Oklahoma's Attorney General filed suit against the Oklahoma Statewide Virtual Charter School Board challenging its approval of the Catholic Archdiocese's application for a state-funded online religious charter school. (See prior related posting.) The ACLU and Americans United had previously filed suit in a state trial court challenging the Board's action. The Attorney General's action was filed directly with the Oklahoma Supreme Court. As reported by PBS News, the AG's action came after 3 members of the Board signed a contract this week for the school. In Drummond v. Oklahoma Statewide Virtual Charter School Board, (OK Sup. Ct., filed 10/20/2023), the Attorney General filed an Application to Assume Original Jurisdiction and Petition for Writ of Mandamus and Declaratory Judgment, as well as a Brief in Support (full text) of its motions. The brief reads in part:

Make no mistake, if the Catholic Church were permitted to have a public virtual charter school, a reckoning will follow in which this State will be faced with the unprecedented quandary of processing requests to directly fund all petitioning sectarian groups....  For example, this reckoning will require the State to permit extreme sects of the Muslim faith to establish a taxpayer funded public charter school teaching Sharia Law. Consequently, absent the intervention of this Court, the Board members’ shortsighted votes in violation of their oath of office and the law will pave the way for a proliferation of the direct public funding of religious schools whose tenets are diametrically opposed by most Oklahomans.

As to the merits, this case is simple: Oklahoma’s Constitution disallows sectarian control of its public schools and the support of sectarian practices—indirect or otherwise....

The brief also asserted that the Board's action violates the 1st Amendment's Establishment Clause. The Oklahoma Attorney General issued a press release announcing the filing of the lawsuit.

Court Upholds Accreditation Requirement For Religious University

In Wisdom Ministries, Inc. v. Garrett,(ND OK, Aug. 1, 2023), an Oklahoma federal district court rejected a constitutional challenge to a cease and desist order issued by the Oklahoma State Regents.  The Regents insisted that Wisdom University, an Oklahoma-based online university operated by Wisdom Ministries, obtain proper accreditation before it issues degrees. The court held that the requirement does not violate the university's free expression, free exercise, Establishment Clause, freedom of association or equal protection rights, saying in part:

The issue raised by plaintiff has nothing to do with governmental restriction of content or subject matter being taught at Wisdom University but, instead, the state is applying a facially neutral regulation that ... falls with the power of the state to regulate business conduct....

Consumer protection is a legitimate state interest, and there is an equal need to protect students attending a secular or religious institution from paying for a degree program that does not meet certain minimal objective standards. The statute does not impose any higher burden on religious schools to obtain accreditation and such institutions are free to obtain accreditation from an agency specializing on accreditation for religious schools. Nothing about the accreditation requirement suggests that the state is favoring secular institutions or acting with hostility to religious institutions, and plaintiff has not shown that enforcement of the accreditation requirement of § 4103 violates the Free Exercise Clause as applied to religious colleges or universities....

Plaintiff’s allegations do not support a plausible claim that enforcement of the accreditation requirement of § 4103 will violate plaintiff’s rights under the Establishment Clause. Plaintiff makes a series of conclusory allegations that obtaining proper accreditation will involve the Regents in plaintiff’s religious affairs, but these allegations are speculative at best. Defendants have taken the position that Wisdom Ministries is free to operate a school or university without obtaining the accreditation required by § 4103, as long as Wisdom Ministries does not purport to offer a degree.

Suit Challenges Oklahoma's Approval of Catholic Charter School

Suit was filed yesterday in an Oklahoma state trial court challenging the decision of the state's Virtual Charter School Board to approve a Catholic-sponsored charter school that will be funded by the state. The 70-page complaint (full text) in OKPLAC, Inc. v. Statewide Virtual Charter School Board, (OK Dist. Ct., filed 7/31/2023) alleges that the school's application indicated that the school's operation would violate numerous provisions of the Oklahoma Constitution, the Oklahoma Charter Schools Act, and regulations of the Virtual Charter School Board. The complaint alleges in part:

St. Isidore submitted notarized statements that it would comply with antidiscrimination and other legal requirements only “to the extent required by law, including . . . religious exemptions . . . with priority given to the Catholic Church’s understanding of itself and its rights and obligations pursuant to the Code of Canon Law and the Catechism of the Catholic Church.”...

Because St. Isidore’s program requires students to submit to instruction in particular religious tenets, it is not actually open to children of all faiths and is instead discriminatory based on religion....

St. Isidore also will discriminate among prospective or enrolled students based on sexual orientation, gender identity, pregnancy outside of marriage, and sexual activity outside of marriage....

The Charter Schools Act requires charter schools to be “nonsectarian in [their] programs . . . and all other operations.”...

ACLU issued a press release announcing the filing of the lawsuit.

Oklahoma Approves U.S.'s First Publicly Funded Religious Charter School

 Politico and the Tulsa World report that yesterday the Oklahoma Statewide Virtual Charter School Board by a vote of 3-2 approved the application of the St. Isidore of Seville Catholic Virtual School to become the country's first publicly-funded religious charter school.  Tulsa World explains that the deciding vote was cast by a Board member newly appointed only last Friday. According to Politico:

The split vote from the Oklahoma Statewide Virtual Charter School Board on Monday caps months of debate over government support for sectarian education that has divided the state’s educators and elected Republicans, including Gov. Kevin Stitt and Attorney General Gentner Drummond.

At issue is whether the requirement in the Oklahoma Constitution and the state's Charter Schools Act that public schools be non-sectarian violates the U.S. Constitution's free exercise clause. (See prior related posting.) Americans United says it is preparing to file suit to challenge the approval.

Oklahoma Suprme Court Says 2 Anti-Abortion Laws Are Unconstitutional

In Oklahoma Call for Reproductive Justice v. State of Oklahoma, (OK Sup. Ct., May 31, 2023), the Oklahoma Supreme Court in a 6-3 decision held two recently enacted abortion bans unconstitutional under the state constitution.  In doing so, the court relied on its prior decision in Oklahoma Call for Reproductive Justice v. Drummond, (OK Sup. Ct., March 21, 2023)  which held that "a woman has an inherent right to choose to terminate her pregnancy if at any point in the pregnancy, the woman's physician has determined to a reasonable degree of medical certainty or probability that the continuation of the pregnancy will endanger the woman's life due to the pregnancy itself or due to a medical condition that the woman is either currently suffering from or likely to suffer from during the pregnancy." In the most recent case, the court said in part:

S.B. 1503 prohibits abortions after detection of a fetal heartbeat except in case of medical emergency. S.B. 1503 states in relevant part: "Sections 3 and 4 of this act shall not apply if a physician believes a medical emergency exists that prevents compliance of this act." S.B. 1503, § 5(A). There is no definition of medical emergency. There is also no severability clause.

H.B. 4327 on the other hand is a total ban on all abortions unless the "abortion is necessary to save the life of a pregnant woman in a medical emergency" or the "pregnancy is the result of rape, sexual assault, or incest that has been reported to law enforcement."... H.B. 4327 states that "'Medical emergency' means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself."...

Pursuant to this Court's decision in Oklahoma Call for Reproductive Justice v. Drummond ... we find these two statutes to also be unconstitutional....

The court concluded that the severability clause in HB 4327 was insufficient to save the statute. AP reports on the decision.

Oklahoma Passes School Choice Tax Credit Law

Last Friday the Oklahoma legislature completed passage and sent to the governor for his signature HB1934, the Oklahoma Parental Choice Tax Credit Act (full text). The bill creates a tax credit against Oklahoma state income tax for tuition and fees paid for private school education. The credit varies from $5000 to $7500 depending on the household income.  It also provides a $1000 tax credit for home school expenses. The bill imposes annual caps on the amount of credits the state will recognize, which increases from $150 million to $250 million in 2026. Governor Kevin Stitt issued a press release celebrating the legislature's passage of the law.

10th Circuit: Abortion Clinic Sidewalk Demonstrators Lose Challenge to Disturbing-the-Peace Ordinance

In Harmon v. City of Norman, Oklahoma, (10th Cir., March 1, 2023), the U.S. 10th Circuit Court of Appeals affirmed a trial court's dismissal of challenges to the city's disturbing-the-peace ordinance brought by abortion clinic sidewalk demonstrators who preach to clinic visitors in an attempt to persuade them against abortion. The court said in part:

The demonstrators filed a three-count complaint, seeking relief from the City and Officer Jeff Robertson under 42 U.S.C. § 1983. The complaint asserted as-applied and facial challenges to the ordinance under the Free Speech Clause, Free Exercise Clause, and the Due Process Clause of the U.S. Constitution, and further alleged that Norman failed to train its police officers. The complaint also requested preliminary and permanent injunctions to stop the City from enforcing the ordinance....

We hold that § 15-503(3) is constitutional under the Free Speech Clause as applied to the demonstrators. The demonstrators have not shown that the subsection was content-based, insufficiently tailored, or fatal to their sidewalk ministry....

The district court determined that rational-basis deference applied [to the Free Exercise claim] because the demonstrators presented no evidence that § 15-503(3) was religiously motivated. We agree....

The court went on to conclude that plaintiffs lacked standing to bring facial challenges to several portions of the Ordinance. It also concluded that the Ordinance's ban on "loud or unusual sounds" is not unconstitutionally vague or overbroad.

Oklahoma AG Withdraws Opinion Permitting Sectarian Charter Schools

As previously reported, last December Oklahoma Attorney General John M. O'Connor issued Attorney General Opinion 2022-7 concluding that the ban in Oklahoma law on publicly funded charter schools being sectarian or religiously affiliated is unconstitutional. On Feb. 23, current state Attorney General Gentner Drummond withdrew that Opinion issued by his predecessor.  In a letter to the Executive Director of the Statewide Virtual Charter School Board (full text) explaining his action, the AG said in part:

Without binding precedent clearly addressing whether charter schools are state actors, this office is not currently comfortable advising your board members to violate the Oklahoma Constitution's clear directive: "Provisions shall be made for the establishment and maintenance of a system of public schools, which shall be open to all the children of the state and free from sectarian control...." Okla. Const. art I, §5 (emphasis added). Likewise, without clear precedent, this office is not comfortable advising you to violate the Legislature's clear directive that "[a] charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations." 70 O.S. §3-136(A)(2) (emphasis added).

Noting that Opinion 2022-7 was issued in anticipation of a Charter School application by St. Isidore of Seville Catholic Virtual School, Drummond's letter pointed out:

[A]pproval of the SISCVS application will create a slippery slope. While many Oklahomans undoubtedly support charter schools sponsored by various Christian faiths, I doubt most Oklahomans would want their tax dollars to fund a religious school whose tenets are diametrically opposed to their own faith. Unfortunately, the approval of a charter school by one faith will compel the approval of charter schools by all faiths, even those most Oklahomans would consider reprehensible and unworthy of public funding. Consequently, I urge your board members to use caution in reviewing the SISCVS application.

Oklahoma Attorney General's Opinion Says Ban on Sectarian Charter Schools Is Unconstitutional

 In Attorney General Opinion 2022-7, (Dec. 1, 2022), Oklahoma Attorney General John M. O'Connor concluded that the ban in Oklahoma law on publicly funded charter schools being sectarian or religiously affiliated is unconstitutional. He said in part:

You ask what effect, if any, the Trinity Lutheran, Espinoza, and Carson decisions have on the validity of the non-sectarian restrictions found in Section 3-136(A)(2) of the Oklahoma Charter School Act. That passage states as follows:

A charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations. A sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or religious institution....

We believe, based on the First Amendment and the Trinity Lutheran, Espinoza, and Carson line of decisions, that the U.S. Supreme Court would likely hold these restrictions unconstitutional....

It is important to emphasize, however, that to the extent that neutral and generally applicable limitations may be found elsewhere in the Act, those limitations can likely be applied to religious charter schools, so long as they are truly neutral and applied equally to all charter schools alike.... The constitutional problem is singling out religion, not necessarily the provisions found elsewhere regulating various aspects of charter schools.

The Oklahoman reports on the Attorney General's Opinion.

Oklahoma Legislature Bans Most Abortions From Time Of Fertilization

The Oklahoma legislature yesterday gave final passage to HB4327 (full text), a bill that bans abortions beginning at the time of fertilization.  However, it does not ban  Plan B, morning-after pills, or any other type of contraception or emergency contraception. It also contains exclusions for abortions to save the life of the mother in a medical emergency resulting from a physical condition, or in cases of rape, sexual assault or incest, and for procedures aimed at saving the life or health of the unborn child or removing a fetus in case of a miscarriage or ectopic pregnancy. 

Enforcement is solely by private lawsuits for injunctions or damages of not less than $10,000. Suit may be brought against anyone (other than the mother) who performs and abortion, or aids and abets procurement of an abortion, including anyone who reimburses the costs of an abortion through insurance or otherwise. State courts are deprived of jurisdiction over suits to prevent a private person from suing. Civil actions under the law are not covered by the Oklahoma Religious Freedom Act, but the Act should not be construed to authorize a government entity to substantially burden any religious belief. KJRH News reports on the bill.  Earlier this year, Oklahoma enacted a ban on abortions after six weeks of pregnancy. (See prior posting.)