Prescott v. Oklahoma Capitol Preservation Commission

Summary

The Oklahoma Supreme Court held that a Ten Commandments monument placed on the Oklahoma State Capitol grounds violated Article 2, Section 5 of the Oklahoma Constitution, which prohibits the use of public money or property for the benefit or support of a system of religion. The court reversed the district court's summary judgment, enjoined the monument, and directed that it be removed.

Holdings

1. The monument violated Article 2, Section 5 because its placement on public property operated for the use, benefit, or support of a sect or system of religion.
2. Federal Establishment Clause jurisprudence did not control the interpretation or application of Article 2, Section 5 of the Oklahoma Constitution.
3. The district court's summary judgment was improper and had to be reversed.

Questions Presented

1. Whether placement of the Ten Commandments monument on the Oklahoma State Capitol grounds violated Article 2, Section 5 of the Oklahoma Constitution.
2. Whether the district court properly entered summary judgment for the Oklahoma Capitol Preservation Commission and denied injunctive relief.

Disposition

reversed_and_remanded