Oklahoma Legislature Preparing to Challenge Constitution

Yesterday, more than 80% of the voting members of the House of Representatives, approved a bill that would appropriate state funds for the Oklahoma Office of Faith-Based Initiatives to distribute to faith-based organizations. The Constitution of the State of Oklahoma has a very strong prohibition against such a distribution of state funds. It reads:

Section II-5: Public Money or Property -- Use for Sectarian Purposes.

"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 of 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 Oklahoma Office of Faith-Based Initiative has never been approved or authorized by the Oklahoma state legislature. It was set up by the executive fiat of former Governor Frank Keating. Prior to this legislation, the executive in charge of that office always justified the legality of his efforts by claiming that none of the funds he received in his office came from Oklahoma state taxpayers. All of his funding came from federal money.

The executive in charge of Oklahoma's faith-based office promoted his office by contending that he was assisting faith-based organizations in applying for and receiving federal funds. After five years, these efforts have proven singularly unsuccessful. What he has really succeeded in doing is helping to redistribute funding that had already been going to left-leaning non-profits and social service agencies to a handful of right-wing faith-based organizations.