Oklahoma
Oklahoma Board Rescinds Catholic Charter School Founding Contract
This article was originally published in Oklahoma Voice.
OKLAHOMA CITY — A contract founding the nation’s first religious charter school is now void, but it could be reestablished if the U.S. Supreme Court were to rule in favor of the school.
In its fourth time considering the measure, the Oklahoma Statewide Charter School Board finally agreed on Monday to rescind its contract with St. Isidore of Seville Catholic Virtual School, effectively blocking the school from opening as a state-funded entity. St. Isidore, named for the patron saint of the internet, had already agreed not to attempt to open nor accept public funding in the 2024-25 school year.
The Oklahoma Supreme Court decided on June 25 that the concept of a publicly funded, state-established school that endorses a religion is unlawful and unconstitutional. In doing so, the Court ordered the state board to invalidate St. Isidore’s founding charter contract.
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The Archdiocese of Oklahoma City and the Diocese of Tulsa, which created the school, pledged to appeal the case to the U.S. Supreme Court. Advocates for St. Isidore say denying the school of public funds because it is Catholic violates the right to religious freedom.
‘Up in the Air’: Oklahoma Families in Limbo as Courts Decide on Religious Charter
The board’s unanimous vote on Monday included a provision to reinstate the contract if the U.S. Supreme Court “reverses, vacates or otherwise nullifies” the state Supreme Court’s ruling. Father Stephen Hamilton, pastor of St. Monica Catholic Church in Edmond, prays before a meeting of the Statewide Charter School Board on Aug. 12 at the Oklahoma History Center in Oklahoma City. (Photo by Nuria Martinez-Keel/Oklahoma Voice)
The Statewide Charter School Board had declined multiple times to void the contract, instead voting July 30 to join Catholic officials in their appeal strategy. The board’s cooperation with Catholic officials was evident again on Monday when it had Father Stephen Hamilton, of St. Monica Catholic Church in Edmond, pray at the beginning of its meeting.
Chairperson Brian Shellem said the board was waiting for an appeals window to close and for further clarification from the Court on the ruling. He said last month that the board intended to follow the Court order but didn’t want to “short circuit” the legal process.
“Our board is always going to be in compliance with a court order,” Shellem said after Monday’s meeting. “Now, there’s those who wanted to rush the process, but there was a process and this board will always respect the process.”
Choice Supporters to Catholic Charter School Backers: ‘Proceed with Caution’
Shellem said an appeal to the U.S. Supreme Court has not yet been filed.
The odds are long that the nation’s highest court will take up the case. The U.S. Supreme Court receives more than 7,000 requests a year to review cases, of which it agrees to hear about 100 to 150.
Meanwhile, pressure to rescind the contract mounted from Attorney General Gentner Drummond, who sued to strike down the school. Drummond asked the state Supreme Court to threaten a contempt citation against the board members if they again refused to follow the order in their meeting Monday.
Anyone held in contempt of a court order could face a fine of up to $500 or imprisonment up to six months, or both, according to state law.
“While it is appalling that the board took so long to recognize the authority of the Oklahoma Supreme Court, I am pleased that board members finally fulfilled their duty,” Drummond said in a statement after the meeting. “The proposed state-sponsored religious charter school, funded by our tax dollars, represents a serious threat to the religious liberty of all four million Oklahomans.”
Oklahoma Voice is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: info@oklahomavoice.com. Follow Oklahoma Voice on Facebook and X.
Oklahoma
Arizona men’s basketball at Oklahoma State game thread
It’s Game Day!
The Arizona Wildcats complete their Big 12 road trip with a visit to the Oklahoma State Cowboys. The UA has a 3-0 record against OSU but the previous matchups had all been on neutral courts.
Here’s all the info you need to watch, listen to or follow the game online. Come chat with us!
Arizona-Oklahoma State game time, details:
- Date: Tuesday, Jan. 21, 2024
- Time: 7 p.m. MT
- Location: Gallagher-Iba Arena; Stillwater, Okla.
- Line: According to FanDuel Sportsbook, Arizona is an 8.5-point favorite and the over/under is 153.5. KenPom.com gives the UA an 82 percent chance of winning.
How can I watch Arizona-Oklahoma State?
Arizona-Oklahoma State will be shown on ESPNU. Chuckie Kempf (play-by-play) and King McClure (analyst) will be calling the game.
How can I stream Arizona-Oklahoma State online?
The stream of Arizona-Oklahoma State can be streamed at ESPN.com.
How can I listen to Arizona-Oklahoma State on the radio?
You can listen to Arizona-Oklahoma State on Wildcats Sports Radio 1290 AM.
How can I follow Arizona-Oklahoma State?
By following us on Twitter (X) at @AZDesertSwarm and our editor Brian Pedersen (@realBJP).
Arizona-Oklahoma State pregame coverage:
Oklahoma
Only woman on Oklahoma’s death row granted Supreme Court hearing
The U.S. Supreme Court has ordered a case review of the only woman on Oklahoma’s death row, citing concerns over the prosecution’s use of her sexual history during her trial.
Brenda Andrew, convicted in 2004 for the murder of her estranged husband Rob Andrew, argued that prosecutorial tactics, including references to her as a “slut puppy” and the display of her thong underwear during closing arguments, unfairly influenced the jury.
Why It Matters
Brenda Andrew was convicted of conspiracy to commit murder and first-degree murder in the 2001 killing of her advertising executive husband in Oklahoma City.
Prosecutors alleged that Andrew and her lover, James Pavatt, lured Rob Andrew into the garage and fatally shot him with a shotgun, intending to claim his life insurance proceeds. Pavatt also received the death penalty.
What To Know
A three-judge panel at the 10th Circuit upheld Andrew’s conviction, but one dissenting judge argued that the use of irrelevant evidence rendered the trial fundamentally unfair.
Judge Arlene Johnson of the Oklahoma Court of Criminal Appeals had previously made a similar critique.
Lawyers for Andrew argued that the state had a circumstantial case that it backed up by presenting evidence about “her sexual history, gender presentation, demeanor and motherhood.”
The Supreme Court’s decision does not exonerate Andrew but directs the Denver-based 10th U.S. Circuit Court of Appeals to reconsider her claims. In an unsigned opinion, the court noted that previous rulings under the Due Process Clause prohibit the introduction of evidence so prejudicial that it undermines a fair trial.
Justice Clarence Thomas, joined by Justice Neil Gorsuch in dissent, argued that the state presented “overwhelming evidence” of Andrew’s guilt and upheld her sentence.
Oklahoma officials echoed this view, maintaining that the references to Andrew’s personal life were “a drop in the ocean” of the case’s evidence.
At the 2004 trial, Andrew’s defense argued her innocence, portraying her as a devoted mother and churchgoer. Prosecutors, however, emphasized her extramarital affairs and demeanor, presenting male witnesses who described her as provocative and seductive. The trial culminated in the dramatic display of her thong before the jury, paired with descriptions of her as manipulative and immoral.
The state also highlighted Andrew’s actions following the crime, including fleeing to Mexico with Pavatt before her arrest. Despite Pavatt’s confession to the murder, police and prosecutors asserted Andrew’s involvement in orchestrating the crime, leading to her conviction.
Andrew’s attorneys contend that these tactics violated her constitutional rights. They argue that evidence irrelevant to the crime rendered the trial fundamentally unfair and cast her character, rather than her actions, as the centerpiece of the prosecution’s case.
What People Are Saying
At trial, lawyers for Andrew said: “The state invited the jury to convict and condemn Ms. Andrew to die because she was a ‘hoochie,’ was a bad mother and wife, did not cry publicly, and otherwise failed to adhere to feminine stereotypes.”
Judge Robert Bacharach wrote: “The evidence not only lacked relevance but also cast Ms. Andrew as a woman fixated on seducing nearby men.”
What Happens Next
The case now returns to the 10th Circuit Court of Appeals, where judges must determine whether the evidence used against Andrew meets the standard for rendering her trial fundamentally unfair.
If the appellate court upholds the conviction, Andrew’s legal options may be exhausted, leaving clemency from Oklahoma Governor Kevin Stitt or the parole board as her last resort.
This article includes reporting from The Associated Press.
Oklahoma
Can we get an ethic’s check in the Oklahoma House? • Oklahoma Voice
A Wisconsin nonprofit that has spent many-an-hour lambasting Oklahoma leaders and schools for blurring the lines between church and state has hired a new regional government affairs manager from – get this – the ranks of our own legislators.
Rep. Mickey Dollens appears to be a perfect fit for the gig, except for one little detail: the Oklahoma City Democrat plans to continue serving in the Legislature. He thinks it’s fine to advocate for the Freedom From Religion Foundation’s policy priorities while continuing to vote on legislation related to the group’s mission.
He’ll be tasked with advocating in other states to stop legislative initiatives that attempt to expand Christian nationalism – a noble cause.
Dollens, who was first elected to the Legislature in 2016, insists that he’s “in no way a lobbyist.”
I’m guessing that’s because he’s aware of a pesky state ethics rule that prohibits state officers and employees from “engaging in legislative or executive lobbying.”
At first glance, lobbying seems to be exactly what he’ll be doing. Merriam-Webster defines a lobbyist as someone who “conducts activities aimed at influencing or swaying public officials and especially members of a legislative body on legislation.”
Regardless, this new alliance appears to raise really thorny ethical issues along with a troubling question about who is monitoring the side jobs our elected lawmakers accept and who gets to decide which pose clear conflicts of interest.
Because other than legislators being required to self-disclose potential financial conflicts of interest, it feels a lot like nobody is watching the hen house.
Ours is a part-time Legislature, meeting full-time February through May, so it’s not uncommon for lawmakers to hold outside jobs to supplement their annual base salary of $47,500, which is set biannually by a legislative oversight board. House and Senate leaders earn extra and legislators are also entitled to an extra $174-per-day during session to help cover the cost of accommodations and travel.
We currently have legislators who own small businesses, work as farmers, pastors, attorneys, former teachers and insurance agents, according to the state senators’ bios, which generally contain posted, though often vague “occupation” listings to help the public understand what careers senators are pursuing outside of session.
Voters, though, typically have no idea what jobs House members do — unless they voluntarily disclose them or they run afoul of the law.
The state House appears to be so lax that they leave it up to legislators to police themselves and make judgment calls on whether a job or a vote is a conflict of interest.
Pardon me if I feel like that’s a flawed strategy following the unfortunate incident involving former Republican House Majority Whip Terry O’Donnell who faced criminal charges related to allegations that he misused his post to change state law to benefit his family to allow his wife to become a tag agent.
While Gentner Drummond ultimately dismissed those charges, he made it clear it wasn’t because he thought O’Donnell was necessarily blameless, but because he believed the Catoosa Republican was unfairly “targeted.” Drummond wrote at the time that a constitutional ban on lawmakers having an interest in state contracts “has not been aggressively or equally enforced.” He warned that the law will be enforced in the future. (In response to the dismissal, O’Donnell then attempted to change ethics rules to allow candidates to use campaign funds to cover attorney costs for “successful defense of an investigation or prosecution.”)
While the Ethics Commission says it’s within Dollens’ right to take a second job, officials with the watchdog point out that lawmakers are governed by a series of rules, including a lobbying prohibition, impartiality requirements, and from using their position for private gain or the endorsement of any product, service or enterprise.
Some lawmakers take those rules seriously.
Former Republican Sen. John Michael Montgomery resigned from the Legislature in 2023 to serve as the Lawton Fort Sill Chamber of Commerce president.
Rep. Amanda Swope, D-Tulsa, will resign her seat effective Jan. 28 to work as a director of tribal policy and partnership for newly elected Tulsa Mayor Monroe Nichols. Rep. Mark Vancuren, R-Owasso, also resigned recently to serve as a deputy Tulsa County commissioner.
Even Gov. Kevin Stitt has reportedly stepped away from his mortgage business during his gubernatorial term.
It’s not unusual to see lawmakers take lobbying jobs or agree to head various advocacy groups when they depart the Legislature. But to have a seated lawmaker accept a government advocacy job is outside the norm.
Dollens has been an advocate for educators and lower-income Oklahomans and been transparent with the media, including announcing that he took this role. We probably wouldn’t even know about the new gig if he hadn’t been.
It would be a loss to his constituents to see him leave the Legislature to pursue another opportunity. But if he wants to work for a nonprofit advocacy organization like the Freedom From Religion Foundation that’s probably what should happen.
And any other lawmakers that have jobs that potentially blur the lines should think about doing the same.
We can’t ignore the fact that the group is actively involved in litigation attempting to block state Superintendent Ryan Walters’ mandate to put Bibles in schools and to stop the creation of the first publicly funded religious charter school in our state. And I’m certain the group will actively lobby to block proposed legislation that seeks to post the Ten Commandments in public school classrooms, and restore a Capitol granite monolith honoring those directives and any other ridiculous legislation that blurs the line between church and state.
There should be a divide between church and state.
But there should also be a divide between advocacy work and serving in the Legislature.
And there should be full transparency about what outside jobs our legislators are holding so voters can make their own judgment call on whether there’s a conflict of interest.
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