Article VII, Section 1 of the Alaska State Constitution states, “Schools and institutions so established shall be free from sectarian control.”
This provision is aimed at ensuring that Alaska’s public education system, which includes its university system, remains impartial and free from influence or control by any particular religious or ideological group. It underscores the importance of maintaining neutrality and inclusivity within the state’s educational institutions.
If you agree with my constitutional reading, then how can this best be approached by our state government?
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The National Education Association-Alaska has over 12,000 members. It is obligated to represent its members. However, its ideological control over the Alaska education system is considered ubiquitous and multilayered in local school districts, our state bureaucracy and our tripartite government, the executive, legislative and judicial branches, and the federal government.
In a seismic legal upheaval, Alaska’s educational landscape is in tumult, with the future of homeschooling hanging in the balance. Recent judicial action has delivered a stunning blow by striking down laws supporting the state’s correspondence education program, citing them as unconstitutional.
The reverberations of this decision are felt across the state, as over 20,000 homeschool students face uncertainty, and public-school districts are thrust into chaos, tasked with integrating these displaced students back into traditional classrooms. With the Alaska Department of Education and Early Development now at the center of this urgent crisis, the need for a swift resolution looms large.
It’s baffling to witness our state government hesitating, caught in indecision over the crucial next steps: Do we pursue a legislative remedy or take the matter to the Supreme Court? The urgency of this issue cannot be overstated, yet inexplicably, the government remains on the defensive, failing to seize the initiative. Let’s be clear: This is not just about politics or legal wrangling. It’s about the very future of our children, the very future of our state. The time for action is now.
To address the issue of NEA-Alaska violating Article VII, Section 1, the governor of Alaska holds significant authority and avenues for action.
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Firstly, under the state constitution’s Article III, Section 16, the governor has the authority to ensure the faithful execution of the laws, including constitutional mandates such as sectarian control in education. This authority empowers the governor to take appropriate legal action to enforce compliance with constitutional provisions and legislative mandates, as well as to restrain any violation of constitutional or legislative powers, duties, or rights by state officers, departments, or agencies.
Additionally, Article III, Section 23 grants the governor the authority to make changes in the organization of the executive branch or in the assignment of functions among its units for efficient administration. These changes, when requiring the force of law, are set forth in executive orders. The legislature has a specified period to disapprove these orders, after which they become effective. The governor also has administrative order authority which can be solidified into regulations without legislative review.
Moreover, the governor’s oath of office, as mandated by Article XII, Section 5, requires the Governor to uphold the U.S. and Alaska constitutions. This oath underscores the governor’s commitment to respecting and adhering to constitutional principles, including those related to education policy and sectarian control.
The governor and all members of the state legislature are required to comply with Article XII, Section 5. Additionally, every public official and employee of the state before entering upon the duties of office are required by AS 39.05.040 and AS 39.05.045 to take and sign an oath which includes supporting and defending both the Constitution of the United States and the Constitution of the State of Alaska.
Do the members of the NEA-Alaska support this when teachers have also taken an oath? The oath is same per 4 AAC18.010(a)(5) and AS 39.05.045 so all contracts for teachers and administrators must include in this all Alaska public school contracts.
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This brings into question the practical application of the state’s Legislative Ethics Act, specifically Section AS 24.60.010, and the role of the Ethics Committee when the governor identifies a constitutional violation.
If you agree with my constitutional reading, how can any of our state government and our teachers support the continuation of NEA-Alaska’s sectarian control of education in the light of the oaths taken?
In practical terms, the Governor can utilize legal mechanisms such as executive orders or administrative orders to address concerns regarding sectarian control in education. These orders could outline specific actions or directives aimed at ensuring that schools and institutions remain free from sectarian influence or control. Additionally, the governor may use this opportunity to reign in the NEA-Alaska’s unconstitutional behavior through regulation.
Furthermore, the attorney general, as the legal advisor for the state, can work with the governor to assess the legal basis for any actions taken against NEA-Alaska or other entities perceived to violate constitutional provisions.
Regarding campaign donations to members of the legislature, the constitutional mandate for schools to be free from sectarian control may influence donor behavior and legislative decisions. Donations from organizations like NEA-Alaska may face greater scrutiny, and legislators receiving such contributions may be questioned about their commitment to upholding constitutional principles as well as their oath of office.
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Will such a declaration of unconstitutionality by the governor trigger the Alaska Public Offices Commission to investigate every donation which supports this unconstitutionality? The governor certainly has the authority to demand this.
Ultimately, the governor’s authority, combined with legal and ethical considerations, provides avenues for addressing concerns related to sectarian control in education and ensuring adherence to constitutional mandates.
If the governor determines that NEA-Alaska has violated Article VII, Section 1 of the Alaska State Constitution, specifically regarding the freedom of schools and institutions from sectarian control, he has the authority to act, including addressing public education union contracts through administrative orders immediately.
Administrative orders issued by the governor typically pertain to the organization and functions of the executive branch. If the governor declares unconstitutionality, the structural components of NEA-Alaska may be challenged. The governor could also take indirect actions within the scope of his authority to address concerns related to sectarian control in education.
For example, the governor could utilize administrative orders to initiate investigations or audits into public education union activities to determine compliance with constitutional mandates. If violations are found, the governor could work with relevant state agencies to enforce corrective measures or impose penalties as allowed by law.
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Additionally, the governor may leverage his authority to influence legislative action or budgetary decisions that impact public education union contracts. By working with the state legislature and other stakeholders, the governor could advocate for policy changes or funding allocations aimed at addressing issues related to sectarian control in education.
Ultimately, any actions taken by the governor must adhere to constitutional principles, respect the rights of all parties involved, and comply with applicable laws and legal procedures. The governor must carefully consider the legal and practical implications of his actions and ensure that they align with the broader goals of promoting impartiality and inclusivity in Alaska’s public education system.
But the fact remains as open as the air we breathe, in Alaska, the education system is controlled by one entity, and one entity alone, and that is NEA-Alaska.
The first Jesuit missionaries in Alaska sailed up the Yukon River in 1887. By the turn of the 20th century, the religious order of the Catholic Church had as many as 50 Jesuits in the state.
Now, only two remain. And by the end of June, there will be none.
The Jesuits’ nearly 140 years in the state was honored at an event at Bethel’s Immaculate Conception Church on June 16. A procession of priests wearing long white gowns with red hems walked down the aisle to open the event. The Bishop of the Diocese of Fairbanks, Stephen Maekawa, thumped the ground with a shimmering silver staff known as a clozier as he approached the altar.
Bishop of the Diocese of Fairbanks, Steven Maekawa, walks toward the altar at the Immaculate Conception Church in Bethel.
“My brothers and sisters, we gather together to celebrate this wonderful and blessed occasion to acknowledge the love of God and the work of God through the 139 year mission of the Society of Jesus of the Jesuit fathers,” Maekawa said to open the event.
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A traditional Catholic mass followed, with readings in both English and Yup’ik. During the sermon, Maekawa acknowledged the vastness of the Fairbanks diocese, and the tremendous amount of work done by the Jesuits to establish it.
“All of the 46 churches of the Diocese of Fairbanks that we currently have were established by either the Jesuit fathers or by direction of a Jesuit bishop,” Maekawa said. “We have a long history of the Society of Jesus’ presence and ministry here in all of Alaska.”
The Jesuits are an order within the Catholic Church, akin to the Dominicans or Franciscans. They have a reputation for taking on some of the Catholic Church’s most remote assignments.
That missionary spirit brought the Jesuits to the Yukon River in 1887, where they built churches, schools, and ministries. Without their work, Catholicism may not have taken root in huge swaths of Alaska, particularly among Alaska Native communities.
The Immaculate Conception Church in Bethel.
But the Jesuits leave a complicated legacy. Their methods of converting Native people to the religion, particularly in the first half of the 20th century, created generational traumas still felt to this day.
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Fr. Sean Carroll is the provincial of the Jesuits West Province, which oversees Alaska and nine other states.
Fr. Sean Carroll, provincial of the Jesuits West Province, speaks at an event recognizing nearly 140 years of Jesuit service in Alaska.
“Thank you for all that you have taught us about who Jesus is and how to love and serve Him wholeheartedly,” Carroll said. “I also thank you for your patience with us. For there have been times when we have sinned and when we have hurt you.”
Missionaries, including the Jesuits, forcefully converted and assimilated Alaska Native people into Western culture and religion. Students at Jesuit-run boarding schools were forced to abandon their Native languages and physically punished when caught speaking languages other than English. Native dancing and drumming were also banned.
The Jesuits West Province maintains a list of 150 Jesuits with credible claims of sexual abuse against minors or vulnerable adults. A quarter of the accused Jesuits served in Alaska at some point in time.
“I ask for your forgiveness for all that we have done that was not rooted in Christ and love for Him, and for when we did not value your culture nor recognize the presence of God in you,” Carroll said.
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Carroll gave the order to withdraw from the state last spring. A big issue was the recruitment of Jesuits willing to travel and serve in remote villages. He told the congregation that the Jesuits’ work would continue, just without a permanent presence.
Fr. Rich Magner, one of the two remaining Jesuit priests in Alaska, attends a ceremony in Bethel.
Fr. Rich Magner is one of the two remaining Jesuit priests in Alaska. His last day serving Chevak, Hooper Bay, and Scammon Bay is June 30.
“We all always knew coming in, or should have known, that we’re not going to be here forever. It’s going to be mission accomplished at some point,” Magner said. “And then we hand it off to the diocese that we’ve helped create, and so that’s a good feeling.”
Magner’s next stop is a Clinical Pastoral Education residency in Tacoma, Washington.
The other remaining priest, Fr. Tom Provinsal, first came to Alaska in 1968 to teach. A fond memory, he said, was meeting Elders that practiced traditional subsistence lifestyles.
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“Some of the grandmothers, their fingers were just all bent with arthritis and stuff like that, you know, their whole lives they’ve been working out in the cold and the wet, doing food, sewing, all that kind of stuff,” Provinsal said. “I’d say I just feel very privileged to have come when I did come and to see that.”
Provinsal returned in 1975 as a priest and has served in the region ever since. After moving away, he plans to take a five month sabbatical. What happens next, he said, is in God’s hands.
Two lines formed in the aisle for communion at the end of the mass. After taking communion, Bethel’s Parish Administrator Susan Murphy gave a final thank you.
“It’s difficult to say goodbye to people who have been a part of our lives for so long,” Murphy said. “We know that you have done what was yours to do, and have taught us to do what is ours to do. We are grateful.”
Jesuit priests form a row along the altar of Bethel’s Immaculate Conception Church as members of the congregation lift their arms and pray.
Dominic Hunt, a Yup’ik deacon that flew in from Emmonak for the event, led the congregation through a final prayer.
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“Bless them with your wisdom, that they may be a word of hope, a world in need. We ask this through Christ, our Lord. Amen,” Hunt said.
About 70 people posed for a photo on the altar – priests, deacons, parishioners, Elders and children — many of them smiling, some standing quietly.
The photo doesn’t tell the whole story. But it’s a moment when gratitude, grief, and memory all shared the same room.
Bishop of the Diocese of Fairbanks, Steven Maekawa, stands in the middle of a crowd waiting to take a photo at Bethel’s Immaculate Conception Church.
JUNEAU, Alaska (KTUU) – The Supreme Court of Alaska will be taking up the case of the State of Alaska, Division of Elections v. Daniel J. Sullivan, Jr.
The oral arguments will be held Monday at 10 a.m. via Zoom, according to an order and opening notice.
The document also specifies that a decision is expected to be made before noon on Tuesday.
According to documents from the Division of Elections, the state must start printing ballots at noon on the same day.
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This comes after an Anchorage Superior Court Judge ordered Dan J. Sullivan on to the ballot Friday.
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