A battle over religion and schools in Oklahoma could decide the future of the First Amendment

OKLAHOMA CITY — There is a war raging across the United States on the role of religion in public life, and Ryan Walters is at the center of it. As Oklahoma’s elected official in charge of public education, the conservative Republican and outspoken Christian has been at the forefront of encouraging closer entanglement between government and religion when it comes to one of the most contentious places of all: public schools.

“What I’m trying to make sure is our kids understand American history,” Walters said in an interview in his office in Oklahoma City, which is decorated with images of one of his heroes, Winston Churchill.

“I do want them to understand American greatness. I want them to understand American exceptionalism. I want them to have the freedom to express their religious beliefs in schools,” he added. “I believe that’s very important. I believe that’s been absolutely gutted from our school system.”

Under Walters’ watch, the state approved the first ever religious virtual public charter school, a provocative move that is now before the Supreme Court, which will hear oral arguments on the constitutionality of the move next month. He has also proposed placing Bibles in schools, a move that was recently blocked by the state Supreme Court, and is seeking to add more Christian-related themes to the curriculum, including information about the Ten Commandments.

At the heart of the religious school case and others like it is the Constitution’s First Amendment — and two provisions about freedom of religion that are in tension with each other. They are the establishment clause, which forbids the government from endorsing one religion over another or setting up its own church, and the free exercise clause, which says everyone has a right to express their own religious beliefs.

Generations of children were taught in school about how Thomas Jefferson said in an 1802 letter that there is “a wall of separation between church and state.” In the past, the Supreme Court interpreted that sentiment broadly, and government officials, including those running public schools, followed suit. Any actions that could potentially be interpreted as a sign that the government endorsed religion were largely off-limits.

Now, the religious school case from Oklahoma could change the longtime understanding of the First Amendment throughout the U.S. Walters and others like him believe that the Supreme Court got it wrong in the past. They point out that the First Amendment itself says nothing about a “wall of separation” and focus more on their rights under the free exercise clause.