Civil rights groups say Oklahoma stalling major education lawsuit
TULSA, Okla. (KTUL) — Civil rights groups are accusing Oklahoma of stalling to protect a law banning discussions of race and gender in the classroom.
H.B. 1775 went into effect at the start of the 2022-23 school year. The ten plaintiffs in a lawsuit challenging the act believe it’s too vague.
They claim teachers don’t know what could violate the rules, so they’re turning to strict self-censorship, getting rid of materials written by minorities or talking about gender.
The law covers both K-12 classrooms and public universities in the state. Michael Givel, a political science professor at the University of Oklahoma, is one of many educators involved in the lawsuit.
“I had a conservative-oriented student the other day say, ‘Why aren’t you all talking about race and culture in the classroom?’” Givel recalled.
“Great question,” he continued. “That should be the subject of one, or two, or three classes in particular courses at a college level.”
Genevieve Bonadies Torres, a Washington D.C.-based attorney with the Lawyers’ Committee for Civil Rights Under Law, is trying the case. She said it goes back to Executive Order 13950, issued in 2020 by then-President Trump.
“There was a federal court that put a stop to the law because it was Constitutionally infirm,” Bonadies Torres explained.
“And it’s from that that we got H.B. 1775,” she continued, “which copies eight of the nine concepts that were in Trump’s executive order.”
“You’ll see that the language is utterly vague,” Givel added. “It is causing nearly chaotic conditions in some classrooms in terms of what it means.”
And therein lies the problem.
“There is Constitutional law,” Bonadies Torres asserted, “that says that a law cannot be vague to the extent that a reasonable person does not understand when they are violating it.”
Megan Lambert, ACLU of Oklahoma’s legal director, said teachers don’t understand, and it’s hurting students as a result.
“It intentionally whitewashes Oklahoma classrooms, from K-12 all the way through the university level,” Lambert said. “And we know that when students do not see themselves reflected in the curriculum, they do not perform as well academically.”
The plaintiffs in this lawsuit against the State of Oklahoma include:
- Lawyers’ Committee for Civil Rights Under Law
- American Civil Liberties Union
- ACLU of Oklahoma
- Black Emergency Response Team
- University of Oklahoma Chapter of the American Association of University Professors
- Oklahoma State Conference of the NAACP
- American Indian Movement
- Two high school teachers
- A high school student
But the lawsuit is moving at a snail’s pace, with no response from the State of Oklahoma until now.
“They have had over a year to request the court kick out our case,” Lambert said.
Bonadies Torres said the lawsuit was filed on 1st and 14th Amendment grounds, as well as a racial discrimination complaint. They initially filed a preliminary injunction, which is a request to put the law on hold while the case is ongoing, but never got a response from the judge.
The lawsuit was filed in October 2021 but got no response from the State of Oklahoma until February 2023.
The plaintiffs recently filed a request for discovery, which is when both sides of a case share evidence with each other. The state responded by filing a motion for judgment on the pleadings.
Similar to a motion to dismiss, it means the state claims the plaintiffs’ filings aren’t sufficient for the case to continue.
“I think it’s telling they did so the same day they were opposing a discovery request,” Lambert said. “The state is intentionally trying to delay the progress of this case.”
“It’s extremely rare for this type of last-minute, exceedingly late motion to be filed,” Bonadies Torres claimed.
The plaintiffs responded in kind this week with an extended brief.
“We laid out in detail how this is merely a stalling tactic,” Bonadies Torres said.
“I would hope the state understands that we will not be running out of steam,” Lambert added. “We will not be going anywhere. I think what they’re hoping to achieve in delaying the case is that H.B. 1775 stays in effect for longer.”
“Right now, H.B. 1775 is in effect,” she continued. “That does make it to their favor to delay the progress of the case, because they’re seeing the results in Oklahoma classrooms that they were looking for.”
But Givel said teaching about race and gender isn’t just lawful. He said it’s patriotic.
“Understanding what makes America, America, makes informed voters, makes more well-rounded citizens, and we can address in a more informed and better way,” he explained.
“It’s being more of an American to understand America in totality,” he continued. “The good, the bad, and the ugly.”
NewsChannel 8 tried to track down State Rep. Kevin West (R-Moore), who introduced H.B. 1775, but could not reach his office for comment.