1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 935 By: Jett | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to schools; providing certain | | legislative recognition; amending 70 O.S. 2021, | 8| Section 24-157, which relates to a prohibition on the | | instruction of certain concepts; creating the Stop | 9| the Wrongs to Our Kids and Employees (Stop W.O.K.E.) | | Act; providing short title; defining terms; expanding | 10| concepts which are prohibited from being part of a | | course; prohibiting in public schools the use of | 11| certain supplemental instructional materials; | | providing for enforcement; allowing certain civil | 12| action and establishing awards; allowing the | | dismissal of school officials, officers, and | 13| employees who knowingly commit certain violation and | | directing that they be declared in violation of | 14| certain oath; prohibiting certain defense; providing | | certain construction; prohibiting certain | 15| discrimination; allowing certain civil action and | | establishing awards; providing for affirmative | 16| defense; providing for certain construction of act; | | providing for noncodification; providing for | 17| codification; providing an effective date; and | | declaring an emergency. | 18| | | | 19| | | | 20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 21| SECTION 1. NEW LAW A new section of law not to be | | | 22|codified in the Oklahoma Statutes reads as follows: | | | 23| The Legislature hereby recognizes the following findings: | | | 24| | | | Req. No. 1624 Page 1 ___________________________________________________________________________
1| 1. The United States Constitution is not silent as to how | | | 2|government actors in this state shall respond and react to critical | | | 3|race theory for the matter arises under the Establishment Clause and | | | 4|the Free Exercise Clause of the First Amendment to the United States | | | 5|Constitution; | | | 6| 2. The Establishment Clause of the First Amendment to the | | | 7|United States Constitution states that the government "shall make no | | | 8|law respecting an establishment of religion," and Article II, | | | 9|Section 5 of the Oklahoma Constitution states, "Public money or | | | 10|property - Use for sectarian purposes. No public money or property | | | 11|shall ever be appropriated, applied, donated, or used, directly or | | | 12|indirectly, for the use, benefit, or support of any sect, church, | | | 13|denomination, or system of religion, or for the use, benefit, or | | | 14|support of any priest, preacher, minister, or other religious | | | 15|teacher or dignitary, or sectarian institution as such"; | | | 16| 3. The Free Exercise Clause of the First Amendment to the | | | 17|United States Constitution states that the government "shall make no | | | 18|law...prohibiting the free exercise [of religion]"; | | | 19| 4. The Establishment Clause of the First Amendment applies to | | | 20|this state through the Fourteenth Amendment, and the United States | | | 21|Supreme Court held in Hein v. Freedom From Religion Foundation Inc., | | | 22|551 U.S. 587 (2007) that the Establishment Clause applies to the | | | 23|executive branch, which includes Oklahoma public schools; | | | 24| | | | Req. No. 1624 Page 2 ___________________________________________________________________________
1| 5. All that religion amounts to is a set of unproven answers to | | | 2|the greater questions like "why are we here", what gives us | | | 3|identity, what should we be doing as humans, and what happens after | | | 4|death; | | | 5| 6. The Establishment Clause of the United States Constitution | | | 6|was never solely designed to prohibit the government from respecting | | | 7|and recognizing the doctrines of institutionalized religions but of | | | 8|non-institutionalized religions, such as secular humanism; | | | 9| 7. The United States Supreme Court found that secular humanism | | | 10|is a religion for the purposes of the First Amendment in cases such | | | 11|as: | | | 12| a. Torcaso v. Watkins, 367 U.S. 488 (1961), | | | 13| b. School District of Abington Township, Pa. v. Schempp, | | | 14| 374 U.S. 203 (1963), | | | 15| c. United States v. Seeger, 380 US 163 (1965), and | | | 16| d. Welsh v. United States, 398 U.S. 333 (1970); | | | 17| 8. Most of the United States courts of appeals have found that | | | 18|secular humanism is a religion for purposes of the First Amendment | | | 19|in cases such as: | | | 20| a. Malnak v. Yogi, 592 F.2d 197 (3d Cir.1979), | | | 21| b. Theriault v. Silber, 547 F.2d 1279 (5th Cir.1977), | | | 22| c. Thomas v. Review Bd., 450 U.S. 707 (1981), | | | 23| d. Lindell v. McCallum, 352 F.3d 1107 (7th Cir.2003), | | | 24| | | | Req. No. 1624 Page 3 ___________________________________________________________________________
1| e. Real Alternatives, Inc. v. Sec'y Dep't of Health & | | | 2| Human Servs.,150 F. Supp. 3d 419, 2017 WL3324690 (3d | | | 3| Cir. Aug.4, 2017), and | | | 4| f. Wells v. City and County of Denver, 257 F.3d 1132 | | | 5| (10th Cir. 2001); | | | 6| 9. Religious experts have testified under oath that critical | | | 7|race theory is a doctrine, orthodoxy, ideology, and dogma that is | | | 8|part of a worldview consisting of a series of unproven faith-based | | | 9|assumptions and naked assertions that is implicitly religious and | | | 10|inseparably linked to the religion of secular humanism; | | | 11| 10. Regardless of political affiliation, all members of the | | | 12|Legislature and all executive and judicial officers are bound by | | | 13|oath to put their own political and religious beliefs aside and to | | | 14|comply with their duty to honor their oath of office pursuant to | | | 15|Article VI, Clause 3 of the United States Constitution to uphold the | | | 16|United States Constitution and to, therefore, immediately stop | | | 17|creating, respecting, and enforcing policies that promote the | | | 18|plausibility of critical race theory because all of those policies | | | 19|fail all three prongs of the lemon test established by the United | | | 20|States Supreme Court in Lemon v. Kurtzman, 403 U.S. 602 (1971) for: | | | 21| a. constituting non-secular shams that lack a primary | | | 22| secular purpose, | | | 23| b. cultivating indefensible legal weapons against | | | 24| non-observers of the religion of secular humanism, and | | | Req. No. 1624 Page 4 ___________________________________________________________________________
1| c. serving to excessively entangle the government with | | | 2| the religion of secular humanism; | | | 3| 11. The United States Supreme Court in Edwards v. Aguillard, | | | 4|482 U.S. 578 (1987) and Agostini v. Felton, 521 U.S. 203 (1997) | | | 5|found that if government action fails one prong of the lemon test, | | | 6|it is unconstitutional, and the evidence shows that the enforcement | | | 7|and creation of policies in public schools that respect critical | | | 8|race theory fail all three prongs of the lemon test; | | | 9| 12. The United States Supreme Court in Lee v. Weisman, 505 U.S. | | | 10|577 (1992) found that there are "heightened concerns with protecting | | | 11|freedom of conscience from subtle coercive pressure in the | | | 12|elementary and secondary public schools," while also holding in | | | 13|Edwards v. Aguillard, 482 U.S. 578 (1987) that the government | | | 14|"should be particularly vigilant in monitoring compliance with the | | | 15|Establishment Clause in the public-school context," when minors are | | | 16|subjected to religious indoctrination with the perception of the | | | 17|government's stamp of approval; | | | 18| 13. According to the United States Supreme Court in cases like | | | 19|Flast v. Cohen, 392 U.S. 83 (1968), a taxpayer with a logical nexus | | | 20|to a controversy involving a government actor's violation of the | | | 21|Establishment Clause has standing to sue to enforce compliance; | | | 22| 14. The federal courts have held in cases like Holloman v. | | | 23|Harland, 370 F.3 1252 (11th Cir. 2004), that neither emotional | | | 24|appeals nor sincerity of belief can be used to usurp the | | | Req. No. 1624 Page 5 ___________________________________________________________________________
1|Establishment Clause of the First Amendment, and the evidence shows | | | 2|that all policies that respect, favor, endorse, or promote critical | | | 3|race theory in public schools are based on a series of emotional | | | 4|appeals; | | | 5| 15. There has not been the promised equality and unity | | | 6|cultivated by teaching critical race theory in public schools, but | | | 7|instead, there has been division and an increase in racial tension | | | 8|in an emotionally exploitative and intellectually dishonest manner | | | 9|demonstrating that such policies are a sham that lack a primary | | | 10|secular purpose; | | | 11| 16. Critical race theory is a non-secular divisive doctrine | | | 12|that amounts to an attempt to justify practices that are | | | 13|inconsistent with the peace and safety of this state by: | | | 14| a. cultivating moral superiority complexes in observers | | | 15| of critical race theory with the government's | | | 16| endorsement at the taxpayer's expense, | | | 17| b. leading to the social marginalization and even | | | 18| violent oppression of non-observers of critical race | | | 19| theory, and | | | 20| c. conflicting with the neutral, non-controversial, | | | 21| natural, secular, and self-evident truth that "all men | | | 22| are created equal'85endowed by their Creator with | | | 23| certain unalienable rights, that among these are life, | | | 24| liberty and the pursuit of happiness"; and | | | Req. No. 1624 Page 6 ___________________________________________________________________________
1| 17. Pursuant to the police powers afforded to this state under | | | 2|the Tenth Amendment to the United States Constitution, the | | | 3|Legislature has a compelling reason to prevent the teaching of | | | 4|divisive and controversial religious doctrines in public schools | | | 5|that are calculated to emotionally exploit race and cultivate racial | | | 6|tensions in the advancement of a narrow and exclusive religious | | | 7|worldview that is questionably moral and perspectively implausible. | | | 8| SECTION 2. AMENDATORY 70 O.S. 2021, Section 24-157, is | | | 9|amended to read as follows: | | | 10| Section 24-157. A. This act shall be known and may be cited as | | | 11|the "Stop the Wrongs to Our Kids and Employees (Stop W.O.K.E.) Act. | | | 12| B. As used in this act: | | | 13| 1. "Critical race theory" means a set of assertions and | | | 14|unproven faith-based assumptions that form a doctrine, ideology, | | | 15|dogma, and orthodoxy that is inseparably linked to the religion of | | | 16|secular humanism. The term involves non-secular divisive doctrine | | | 17|that includes, but is not limited to, the concepts described in | | | 18|paragraph 1 of subsection D of this section; | | | 19| 2. "Emotional appeal" means a method of persuasion through | | | 20|sentiment, not logic, designed to create an emotional response to | | | 21|achieve certain ends; | | | 22| 3. "Lemon test" means a three-prong test originally created by | | | 23|the United States Supreme Court and adopted by this state which is | | | 24|used to determine whether government action is unconstitutional | | | Req. No. 1624 Page 7 ___________________________________________________________________________
1|under the Establishment Clause of the First Amendment to the United | | | 2|States Constitution. Government action violates the Establishment | | | 3|Clause and Article II, Section 5 of the Oklahoma Constitution if the | | | 4|action fails to satisfy any of the prongs. The test requires that | | | 5|state action or government policy: | | | 6| a. have a valid secular purpose, | | | 7| b. not have the effect of advancing, endorsing, or | | | 8| inhibiting religion, and | | | 9| c. not foster excessive entanglement with a particular | | | 10| religion; | | | 11| 4. "Logical nexus" means at least some minimal, relevant, | | | 12|legitimate, important, or rational connection and connotes a | | | 13|low-threshold standard; | | | 14| 5. "Non-secular" means faith-based, not proven, predicated on | | | 15|naked assertions, or emotional feelings, not self-evident objective | | | 16|fact; | | | 17| 6. "Promote" means to advocate for, assist with, favor, | | | 18|respect, endorse, encourage, or popularize through advertising or | | | 19|publicity; | | | 20| 7. "Public School" means a public educational institution that | | | 21|is maintained at public expense for the education of the children of | | | 22|a community or district and that constitutes a part of a system of | | | 23|free public education including primary and secondary schools from | | | 24|grades prekindergarten through twelve. The term shall include | | | Req. No. 1624 Page 8 ___________________________________________________________________________
1|accredited nonpublic educational institutions including primary and | | | 2|secondary schools from grades prekindergarten through twelve; | | | 3| 8. "Religion" means a set of unproven answers to the greater | | | 4|questions like "why are we here," "what should we be doing as | | | 5|humans," "how do we get our identity," and "what happens after | | | 6|death". The term means a closed system and group or community that | | | 7|is organized, full, and provides a comprehensive code by which | | | 8|individuals may guide their daily activities. Religion involves an | | | 9|ultimate concern or sincere belief and can be non-theistic or | | | 10|theistic; | | | 11| 9. "Secular humanism" means a faith-based worldview that is | | | 12|also referred to as postmodern-western-individualistic moral | | | 13|relativism, expressive individualism, or antitheism and is often the | | | 14|mirror opposite of theism. The term refers to a religion that | | | 15|worships man as the source of all knowledge and truth. The term | | | 16|includes a belief system that is centered on the unproven | | | 17|assumptions that there are no moral absolutes and no one moral | | | 18|doctrine should be used as the superior basis for law and policy, | | | 19|except for the religious doctrines of secular humanism. The term | | | 20|includes a series of unproven faith-based assumptions and naked | | | 21|assertions that suggest that morality and truth are man-made | | | 22|conventions and that at the heart of liberty is man's ability to | | | 23|define his own meaning of the universe. The term refers to a | | | 24|religion that tends to promote licentiousness and to justify | | | Req. No. 1624 Page 9 ___________________________________________________________________________
1|practices that are inconsistent with the peace and safety of the | | | 2|state. The term refers to the belief that man is merely a bundle of | | | 3|chemicals, animated pieces of meat, or accidental particles, that | | | 4|nature is all there is, and that there is nothing after death. | | | 5|Critical race theory is a doctrine, ideology, orthodoxy, and dogma | | | 6|that is inseparably linked to this religion. The term refers to a | | | 7|religion that has many different denominational sects and is | | | 8|expressed in widely varying ways; | | | 9| 10. "Taxpayer standing" means the standing of a taxpayer to | | | 10|file a lawsuit against a government actor that is directly or | | | 11|symbolically engaging in practices that violate the Establishment | | | 12|Clause of the First Amendment to the United States Constitution or | | | 13|Article II, Section 5 of the Oklahoma Constitution after the | | | 14|government actor actually or prospectively engaged in action that | | | 15|potentially failed at least one prong of the lemon test. A taxpayer | | | 16|shall have a logical nexus to a government actor's violation to | | | 17|assert taxpayer standing. A person who pays sales tax in this state | | | 18|can successfully assert this form of standing before the courts of | | | 19|competent jurisdiction. | | | 20| C. 1. No enrolled student of an institution of higher | | | 21|education within The Oklahoma State System of Higher Education shall | | | 22|be required to engage in any form of mandatory gender or sexual | | | 23|diversity training or counseling; provided, voluntary counseling | | | 24|shall not be prohibited. Any orientation or requirement that | | | Req. No. 1624 Page 10 ___________________________________________________________________________
1|presents any form of race or sex stereotyping or a bias on the basis | | | 2|of race or sex shall be prohibited. | | | 3| 2. Pursuant to the provisions of the Administrative Procedures | | | 4|Act, the Oklahoma State Regents for Higher Education shall | | | 5|promulgate rules, subject to approval by the Legislature, to | | | 6|implement the provisions of this subsection. | | | 7|B.D. The provisions of this subsection shall not prohibit the | | | 8|teaching of concepts that align to the Oklahoma Academic Standards. | | | 9| 1. No teacher, administrator or other employee of a school | | | 10|district, charter school or virtual charter school shall require or | | | 11|make part of a course the following concepts: | | | 12| a. one race or sex is inherently superior to another | | | 13| race or sex, | | | 14| b. an individual, by virtue of his or her race or sex, | | | 15| is inherently racist, sexist or oppressive, whether | | | 16| consciously or unconsciously, | | | 17| c. an individual should be discriminated against or | | | 18| receive adverse treatment solely or partly because of | | | 19| his or her race or sex, | | | 20| d. members of one race or sex cannot and should not | | | 21| attempt to treat others without respect to race or | | | 22| sex, | | | 23| e. an individual's moral character is necessarily | | | 24| determined by his or her race or sex, | | | Req. No. 1624 Page 11 ___________________________________________________________________________
1| f. an individual, by virtue of his or her race or sex, | | | 2| bears responsibility for actions committed in the past | | | 3| by other members of the same race or sex, | | | 4| g. any individual should feel discomfort, guilt, anguish | | | 5| or any other form of psychological distress on account | | | 6| of his or her race or sex,or| | | 7| h. meritocracy or traits such as a hard work ethic are | | | 8| racist or sexist or were created by members of a | | | 9| particular race to oppress members of another race, | | | 10| i. the violent overthrow of the United States government | | | 11| should be promoted, | | | 12| j. this state or the United States is fundamentally or | | | 13| irredeemably racist or sexist, | | | 14| k. division between or resentment of a race, sex, | | | 15| religion, creed, nonviolent political affiliation, | | | 16| social class, or class of people should be promoted, | | | 17| l. character traits, values, morals, or ethical codes | | | 18| can be ascribed to a race or sex or to an individual | | | 19| because of the individual's race or sex, | | | 20| m. the rule of law does not exist but instead is a | | | 21| series of power relationships and struggles among | | | 22| racial or other groups, | | | 23| | | | 24| | | | Req. No. 1624 Page 12 ___________________________________________________________________________
1| n. all Americans are not created equal and are not | | | 2| endowed by their creator with certain unalienable | | | 3| rights including life, liberty, and the pursuit of | | | 4| happiness, or | | | 5| o. governments should deny to any person within the | | | 6| government's jurisdiction the equal protection of the | | | 7| law. | | | 8| 2. The State Board of Education shall promulgate rules, subject | | | 9|to approval by the Legislature, to implement the provisions of this | | | 10|subsection. | | | 11| SECTION 3. NEW LAW A new section of law to be codified | | | 12|in the Oklahoma Statutes as Section 24-157.1 of Title 70, unless | | | 13|there is created a duplication in numbering, reads as follows: | | | 14| A. Pursuant to the Establishment Clause of the First Amendment | | | 15|to the United States Constitution and Article II, Section 5 of the | | | 16|Oklahoma Constitution, a public school shall not include, as part of | | | 17|a course of instruction or in a curriculum or instructional program, | | | 18|or allow or force teachers or other employees of the public school | | | 19|to use supplemental instructional materials that endorse, favor, | | | 20|respect, or promote critical race theory because the policies fail | | | 21|the Lemon test for: | | | 22| 1. Constituting non-secular shams that lack a primary secular | | | 23|purpose; | | | 24| | | | Req. No. 1624 Page 13 ___________________________________________________________________________
1| 2. Cultivating indefensible legal weapons against non-observers | | | 2|of the religion of secular humanism; and | | | 3| 3. Having the effect of excessively entangling the government | | | 4|with the religion of secular humanism. | | | 5| B. The following persons may enforce the provisions of | | | 6|subsection A of this section in a civil court of competent | | | 7|jurisdiction: | | | 8| 1. A taxpayer of this state or a political subdivision of this | | | 9|state who has taxpayer standing; | | | 10| 2. A parent or legal guardian who pays taxes in this state and | | | 11|who has a student in a public school that has violated the | | | 12|provisions of subsection A of this section has taxpayer standing; | | | 13|and | | | 14| 3. A public school employee who is punished by a public school | | | 15|for refusing to teach critical race theory to students. | | | 16| C. A plaintiff who brings a civil action against a public | | | 17|school for violating the provisions of subsection A of this section | | | 18|may seek and be awarded the following by a court of competent | | | 19|jurisdiction: | | | 20| 1. Attorney fees and costs; | | | 21| 2. Actual damages; | | | 22| 3. Injunctive relief; and | | | 23| 4. Other forms of equitable relief deemed appropriate. | | | 24| | | | Req. No. 1624 Page 14 ___________________________________________________________________________
1| D. A school official, officer, or employee of the state who | | | 2|knowingly violates the provisions of subsection A of this section | | | 3|may be dismissed from the person's office or position, and the | | | 4|person's employment may be terminated immediately. | | | 5| E. Any public school official who violates the provisions of | | | 6|subsection A of this section may be declared to be in violation of | | | 7|their oath of office established under Article VI, Clause 3 of the | | | 8|United States Constitution and subjected to declaratory relief for a | | | 9|violation in a court of competent jurisdiction. | | | 10| F. Sincerity of belief or emotional appeals shall not | | | 11|constitute a valid defense for a violation of the provisions of | | | 12|subsection A of this section. | | | 13| G. Notwithstanding the provisions of subsection A of this | | | 14|section to the contrary, the provisions of this section do not | | | 15|prohibit a public school from including, as part of a course of | | | 16|instruction or in a curriculum or instructional program, or from | | | 17|allowing teachers in a public school to use supplemental | | | 18|instructional materials that include: | | | 19| 1. The history of an ethnic group, as described in textbooks | | | 20|and instructional materials adopted in accordance with approved | | | 21|curriculum; | | | 22| 2. The impartial and neutral discussion of controversial | | | 23|aspects of history; | | | 24| | | | Req. No. 1624 Page 15 ___________________________________________________________________________
1| 3. The impartial and neutral instruction on the historical | | | 2|oppression of a particular group of people based on race, ethnicity, | | | 3|class, nationality, religion, or geographic region; or | | | 4| 4. Historical documents. | | | 5| SECTION 4. NEW LAW A new section of law to be codified | | | 6|in the Oklahoma Statutes as Section 24-157.2 of Title 70, unless | | | 7|there is created a duplication in numbering, reads as follows: | | | 8| A. Pursuant to the Free Exercise Clause of the First Amendment | | | 9|to the United States Constitution and Article II, Section 5 of the | | | 10|Oklahoma Constitution, a public school shall not discriminate | | | 11|against any person for believing in or for failing to believe in the | | | 12|plausibility of critical race theory. | | | 13| B. A student or teacher who experiences discrimination by a | | | 14|public school as described in subsection A of this section shall | | | 15|have standing to file suit in a court of competent jurisdiction | | | 16|where they can seek: | | | 17| 1. Injunctive relief; | | | 18| 2. Attorney fees and costs; | | | 19| 3. Actual damages; and | | | 20| 4. Other forms of relief deemed appropriate. | | | 21| C. It shall be an absolute and affirmative defense in a civil | | | 22|action brought pursuant to subsection A of this section that the | | | 23|public school was acting in compliance with the Establishment Clause | | | 24|of the First Amendment to the United States Constitution or Article | | | Req. No. 1624 Page 16 ___________________________________________________________________________
1|II, Section 5 of the Oklahoma Constitution or other existing state | | | 2|and federal laws. | | | 3| SECTION 5. NEW LAW A new section of law to be codified | | | 4|in the Oklahoma Statutes as Section 24-157.3 of Title 70, unless | | | 5|there is created a duplication in numbering, reads as follows: | | | 6| A. The Stop the Wrongs to Our Kids and Employees (Stop | | | 7|W.O.K.E.) Act is constructed on the premise that: | | | 8| 1. The United States is a constitutional republic of which this | | | 9|state is a part; | | | 10| 2. The United States Constitution is the supreme sovereign law | | | 11|of this country that preempts all state and federal law; | | | 12| 3. The First Amendment to the United States Constitution | | | 13|applies to the states through the Fourteenth Amendment to the United | | | 14|States Constitution; | | | 15| 4. The Establishment Clause of the First Amendment to the | | | 16|United States Constitution and Article II, Section 5 of the Oklahoma | | | 17|Constitution were not merely designed to prevent the state from | | | 18|respecting and promoting the doctrines of institutionalized | | | 19|religions but those of non-institutionalized religions; | | | 20| 5. All members of the Legislature and all executive and | | | 21|judicial officers are bound by oath or affirmation pursuant to | | | 22|Article VI, Clause 3 of the United States Constitution to not create | | | 23|or enforce policies that violate the Establishment Clause or the | | | 24|Free Exercise Clause of the First Amendment to the United States | | | Req. No. 1624 Page 17 ___________________________________________________________________________
1|Constitution regardless of the member's or officer's party | | | 2|affiliation or personal religious beliefs; | | | 3| 6. The Establishment Clause balanced with the Free Exercise | | | 4|Clause of the First Amendment to the United States Constitution is | | | 5|the controlling constitutional authority in informing this state on | | | 6|how to respond and react to critical race theory; | | | 7| 7. Emotional appeals shall not be used to usurp the | | | 8|Establishment Clause of the First Amendment to the United States | | | 9|Constitution or Article II, Section 5 of the Oklahoma Constitution | | | 10|in an effort to justify the government's creation or enforcement of | | | 11|policies that respect, endorse, favor, or promote critical race | | | 12|theory; | | | 13| 8. All policies put forth by public schools that respect, | | | 14|favor, endorse, or promote critical race theory fail the lemon test | | | 15|first established by the United States Supreme Court and are thereby | | | 16|preempted by the Establishment Clause of the First Amendment to the | | | 17|United States Constitution and Article II, Section 5 of the Oklahoma | | | 18|Constitution in their making and enforcement and shall be enjoined | | | 19|from enforcement because the policies: | | | 20| a. constitute non-secular shams that lack a primary | | | 21| secular purpose, | | | 22| b. cultivate indefensible legal weapons against | | | 23| non-observers of the religion of secular humanism, and | | | 24| | | | Req. No. 1624 Page 18 ___________________________________________________________________________
1| c. have the effect of excessively entangling the | | | 2| government with the religion of secular humanism; | | | 3| 9. In the wake of policies in public schools that respect, | | | 4|favor, endorse, or promote critical race theory, there has not been | | | 5|the promised equality, unity, and tolerance but instead, there has | | | 6|been: | | | 7| a. the cultivation of moral superiority complexes in | | | 8| observers of critical race theory, and | | | 9| b. the social marginalization and oppression of the | | | 10| non-observers of critical race theory; and | | | 11| 10. This state shall be particularly vigilant in monitoring | | | 12|compliance with the Establishment Clause in the public school | | | 13|context to protect minors from religious indoctrination with the | | | 14|government's stamp of approval, especially when that religious | | | 15|ideology promotes licentiousness or attempts to justify practices | | | 16|that are inconsistent with the peace and safety of the state. | | | 17| B. The Stop W.O.K.E. Act shall not be constructed as | | | 18|prohibiting students or teachers from believing in or from refusing | | | 19|to believe in the plausibility of critical race theory or practices | | | 20|because such beliefs and practices are protected under the Free | | | 21|Exercise Clause of the First Amendment to the United States | | | 22|Constitution and under Article II, Section 5 of the Oklahoma | | | 23|Constitution. The Stop W.O.K.E. Act shall be constructed on the | | | 24|premise that protections of religious practices under the Free | | | Req. No. 1624 Page 19 ___________________________________________________________________________
1|Exercise Clause of the First Amendment to the United States | | | 2|Constitution and Article II, Section 5 of the Oklahoma Constitution | | | 3|are not absolute, and this state is authorized to regulate or | | | 4|prohibit certain religious practices pursuant to its inherent police | | | 5|powers afforded under the Tenth Amendment to the United States | | | 6|Constitution if those practices promote licentiousness or are | | | 7|inconsistent with the peace and safety of the state. Critical race | | | 8|theory attempts to justify practices that are inconsistent with the | | | 9|peace and safety of this state. | | | 10| SECTION 6. This act shall become effective July 1, 2023. | | | 11| SECTION 7. It being immediately necessary for the preservation | | | 12|of the public peace, health, or safety, an emergency is hereby | | | 13|declared to exist, by reason whereof this act shall take effect and | | | 14|be in full force from and after its passage and approval. | | | 15| | | | 16| 59-1-1624 EB 1/19/2023 12:07:37 PM | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 1624 Page 20