The separation of church and state is one of the fundamental principles on which America was founded. Unfortunately, many of the state’s lawmakers and leaders seem to forget that. In 2012, a monument of the Ten Commandments was erected on the Oklahoma Capitol grounds in Oklahoma City. The 2009 Republican-controlled legislature approved the placement, but private donations paid for the monument, which stands 6 feet tall and 3 feet wide.
Is It Legal or Not?
Those who support the monument say it was not meant to serve a religious purpose, but to mark a historical event. Others wanted to apply for permission to erect monuments that supported their religious freedom. On June 30, 2015, the Oklahoma Supreme Court ruled that the monument violated the constitution of the state. Although the U.S. Supreme Court has allowed different monuments depicting the Ten Commandments, the Oklahoma Supreme Court sided with the ACLU in the Oklahoma case. Because this situation was a state matter, it could not be appealed to the U.S. Supreme Court.
The deadline for removal was October 12. Governor Mary Fallin is hoping to find a way to have the monument brought back to the Capitol grounds, but in the meantime, the monument is being displayed on the private grounds of the Oklahoma Council of Public Affairs, which is a private conservative policy analysis group.
Why Was the Monument Removed at Night?
Some news reports are stating that the monument removal was done in secret at night, but it actually might have been a logistical move for safety and timeliness—not secrecy. The decision to remove the monument at night was made because:
- The State Capitol building is continually busy on weekdays.
- It was already no secret that the monument would be removed.
- A crane had to be brought in.
Instead of hiring dozens of security officers to maintain the perimeter during removal, as well as blocking the already-limited parking, officials decided this would be the easiest method of removal.
Will the Public Get to Vote?
Governor Fallin is encouraging lawmakers to work toward a constitutional change that ensures historical monuments are not taken out of public spaces. One has to wonder what in history connects the Oklahoma Capitol grounds to the Ten Commandments. The Oklahoma Capitol is home to many Native American artifacts and a tribal flag plaza. It also has historical murals depicting scenes from four major wars of the 20th century.
A constitutional amendment to allow the monument might actually pass in Oklahoma, as it is a traditionally conservative state. It could be problematic for the government if it opens the doors to other groups requesting to erect monuments on the grounds of the Capitol. The legislature will need to proceed cautiously. The soonest that the state could have the vote is in November 2016, during the presidential election. Therefore, the legislature will have to move quickly when it reconvenes in January 2016.
However, Oklahoma also has a strong Native American presence whose beliefs are not founded in Christianity. Legislators would do well to remember that not everyone holds Judeo-Christian beliefs, even in the Bible Belt. The ACLU continues to monitor the situation, even though the monument has been removed.
Watch the Election
Although the Oklahoma Supreme Court justices are appointed for life, they do stand for re-election every six years, like a retention vote. The terms are staggered, so not all of the justices are up for retention each year. A Democratic governor appointed seven of the nine justices who ruled to remove the monument. The 2016 election is going to have to be watched in Oklahoma to ensure that the state continues to respect the separation between church and state. It’s one thing to honor the heritage that built Oklahoma, but it’s another to erect monuments that tell people to put the Christian or Jewish God first.