Oklahoma attorney general appeals HB 1775 court ruling

OKLAHOMA CITY — Attorney General Gentner Drummond has appealed a ruling that blocked parts of a controversial state law on race and gender teaching.

Oklahoma City federal court judge Charles B. Goodwin on June 14 issued a temporary injunction against portions of House Bill 1775, one of the most controversial laws Oklahoma has enacted in recent years.

The plaintiffs aiming to overturn the law also intend to appeal, their legal counsel said Tuesday.

Goodwin decided portions of HB 1775 and the administrative rules that enforce it are unconstitutionally vague, but he left much of the law intact.

Drummond issued notice on Monday of his appeal to the Tenth Circuit Court of Appeals. His office declined to comment further.

A coalition of Oklahoma students, teachers, college professors and activists sued the state in 2021, hoping to overturn HB 1775. The American Civil Liberties Union provided their legal representation.

ACLU of Oklahoma legal director Megan Lambert said the plaintiffs also intend to appeal Goodwin’s ruling because the judge did not block the entire law.

“In particular, the district court should have enjoined all provisions of HB 1775 that apply to K-12 (schools) because they all fail to provide educators with sufficient guidance on what instruction is prohibited, in violation of their Fourteenth Amendment right to due process, and because they all impermissibly restrict K-12 students’ access to information, in violation of their First Amendment right to receive information,” Lambert said in a statement.

The law put guardrails on universities, as well as K-12 schools. It prohibited colleges from having an orientation or requirement that “presents any form of race or sex stereotyping” or related bias.

Goodwin temporarily stopped the state from enforcing this provision until the case is resolved. He said this section of the law is too vague and could prevent a college professor from identifying discriminatory beliefs or assigning reading of authors who describe race or sex discrimination.

HB 1775 also prohibited K-12 schools from teaching that one race is superior to another, that a person is inherently racist or oppressive, and that someone bears responsibility or should feel guilt for past actions of people of their same race or sex, among other provisions.

Goodwin let these parts of the law stand, but he found other pieces were vague enough to potentially violate the right of due process.

Sections that attempt to regulate teachings of treatment based on race or sex have too broad of a scope and don’t clearly explain what is being prohibited, the judge found. He enjoined the state from enforcing them.

At the time of Goodwin released his decision, the Attorney General’s Office called the ruling “complicated and nuanced.”