Office of Religious Liberty and Patriotism
Religious Liberties in Public Schools
Public schools are not "religion-free zones." Both teachers and students retain their constitutional rights to freedom of speech and the free exercise of religion (see Kennedy v. Bremerton School District, 597 U.S. 507, 142 S. Ct 2407, 212 L. Ed. 2n 755 [2022]). These protections, enshrined in the First Amendment, ensure that individuals can live out their faith without fear of discrimination or undue restriction. Teachers have the right to express their beliefs in appropriate contexts, participate in religious activities outside of their official roles, and incorporate religious topics into their curriculum neutrally and objectively. Similarly, students are entitled to express their faith openly and have their religious views treated with the same respect as any other personal belief.
Despite these and other clear protections, many schools - often under pressure from litigation-fearful board attorneys and outside anti-religion groups - have gone too far in restricting religious expression. This overreach frequently arises from a misunderstanding of the Establishment Clause, which requires neutrality toward religion, not its exclusion. By balancing the Establishment Clause and the Free Exercise Clause, schools can uphold the rights of teachers and students to express their faith, fostering a school environment where religious expression is respected, protected, and aligned with the foundational freedoms guaranteed by the Constitution.
Oklahoma law reflects these constitutional principles. Title 70 O.S. §11-101 affirms that “[n]o sectarian or religious doctrine shall be taught or inculcated in any of the public schools of this state, but nothing in this section shall be construed to prohibit the reading of the Holy Scriptures." Additionally, Title 25 0.S. § 2101(A) authorizes schools to display replicas of historical documents, including the Ten Commandments, Magna Carta, Mayflower Compact, Declaration of Independence, United States Constitution, Bill of Rights, Oklahoma Constitution, and other historically significant documents. These provisions demonstrate the state's commitment to neutrality while preserving the educational and historical significance of religious and foundational texts.
Disclaimer: This is for informational purposes only and does not constitute legal advice. For specific legal guidance, educators should consult a qualified, licensed attorney or legal expert. For more details, please email [email protected].
Reporting Violations
At the Office of Religious Liberty and Patriotism, we are committed to ensuring that the constitutional rights of teachers and students are protected in Oklahoma's public schools. If you believe that your rights to freedom of speech, the free exercise of religion, or the expression of American patriotism has been violated - we encourage you to report the incident using our Awareity reporting system. This secure platform provides a straightforward way to document and address concerns about potential infringements on these fundamantal rights.
