OKLAHOMA CITY — Measures that could lead to a weakening of the state’s prohibition on government advocacy for religion, make the appointment of appellate judges more political and lead to a statewide vote to strengthen Oklahomans’ right to carry firearms all gained ground at the Capitol on Wednesday.
Last year, the Oklahoma Supreme Court riled some lawmakers when it ruled that a Ten Commandments monument had to be removed from the Capitol grounds because it violated the state constitution’s separation of religion and government.
The action prompted a call from several lawmakers to strip that provision from the Oklahoma Constitution. Resolutions moving through the Legislature could lead to the accomplishment of that desire.
The Senate and House had both already approved separate resolutions, House Joint Resolution 1062 and Senate Joint Resolution 72, to let voters decide whether to remove Article 2, Section 5 from the state constitution. That section, which prohibits the use of public money or property for religious purposes, was cited in the opinion requiring the removal of the Ten Commandments monument from the Capitol grounds.
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Each chamber’s rules committee on Wednesday approved the resolution of the other chamber.
In response to the potential state question, Ryan Kiesel, ACLU of Oklahoma executive director, said last month that “the proponents of removing this incredibly important portion of our state’s constitution want Oklahoma voters to believe in doing so, it paves the way for a new Ten Commandments monument to be erected on the grounds of the state Capitol.”
But the move invites federal litigation under the First Amendment of the U.S. Constitution “that the state will almost certainly lose at considerable expense, all the while continuing to play politics with the deeply held beliefs of Oklahomans,” Kiesel said.
Judicial selection: Dissatisfaction with some court rulings, including the Ten Commandments ruling, also has led a growing number of lawmakers to support a public vote on changing the selection process for state appellate judges.
On Wednesday, the Senate Rules Committee approved House Bill 3162, which would weaken the powers of the current Judicial Nominating Commission.
The measure would require the board to send to the governor the names of all applicants who meet the qualifications for an open position. Currently, the panel selects three finalists, and the governor makes an appointment from the list of three.
The measure would also require a legislative panel to confirm or turn down the governor’s selection.
Senate President Pro Tem Brian Bingman, R-Sapulpa, characterized the state high court as having an “anti-business tone” and said he looks forward to “continuing work on House Bill 3162 as it moves through the process.”
In opposing the bill, Sen. Kay Floyd, D-Oklahoma City, said the current system of nominating justices has worked “for 40 plus years.”
The Oklahoma Bar Association has sent an alert to members, urging them to oppose the measure. The association says the Legislature’s intent is to control the judiciary, saying the change in judicial appointments would create “the perfect vehicle for pre-ordained candidates” to benefit “the people who have the power, money and influence to control the political process and have their friends appointed. The Legislature writes the laws, controls the purse strings and now they want to control our judicial selection.”
Firearms: In unrelated action, the Senate Rules Committee also approved House Joint Resolution 1009, which would let people vote on strengthening the right to carry arms by amending the Oklahoma Constitution.
“Any regulation of this right shall be subject to strict scrutiny,” the resolution says.
The measure passed the panel by a vote of 9-4.
