Oklahoma senator seeks to return controversial Ten Commandments monument post 2022 ruling

OKLAHOMA CITY (KOKH) — An Oklahoma Senator is pushing legislation that would bring the historically controversial Ten Commandments monument back to the Oklahoma State Capitol, the same monument that the Oklahoma Supreme Court ruled must be removed from Capitol grounds in 2015.

On Tuesday, Fox 25 spoke to a few groups who oppose the monument. stating the monument was a religious symbol and violated the state's constitution.

But Senator Bullard (R- Durant) says the ruling in the 2022 Kennedy case inspired him to write legislation that would bring the monument back to Capitol grounds,

"There has actually been change in a lot of case law, most specifically the Kennedy case from 2022, which now establishes that the only test we have, the lemon test no longer exists, the only test that we have when it comes to Establishment Clause basis is, does that, what we're doing have to do with our history? If it does, then it's permissible and the 10 commandments are all through our history," Bullard said.

In the case Bullard is referring to, the US Supreme Court ruled in favor of a former high school football coach, Joseph Kennedy, saying Kennedy had a right to pray on the field immediately after games.

In court documents, Justice Neil Gorsuch wrote, "Both the free exercise and free speech clauses of the First Amendment protect expressions like Mr. Kennedy’s."

The free exercise clause provides that Congress shall make no law... Prohibiting the free exercise of religion.

Bullard says that ruling motivated him to push legislation in Oklahoma that would bring the Ten Commandments monument back to the capitol,

"The Bill has derived off the fact that we have a Christian and constitutional heritage here," he said.

Groups opposing the monument returning to Capitol grounds say if the bill is passed, litigation will come,

"We knew it was gonna be sued, we know that going forward," said Bullard, "But because of the Kennedy case, that court precedents has now been shifted and in our favor, to be able to honor our historical heritage in our Christian heritage by having those 10 commandments monuments out there."

For more on the opposition to the bill, click here.

Senate Bill 1858 is now referred to committee meetings, and Fox 25 will continue to follow it as it makes its way through the capitol this legislative session.