Judges: MICHAEL C. TURPEN, ATTORNEY GENERAL OF OKLAHOMA
Filed Date: 8/8/1985
Status: Precedential
Modified Date: 7/6/2016
Dear Honorable Ross,
The Attorney General has received your request for an official opinion asking, in effect:
Does the requirement of Article
VI , Section31a , Okla. Const., that a majority of the members of the Board of Regents for A M Colleges be farmers violate the Equal Protection Clause of theFourteenth Amendment of the United States Constitution?
Article
"There is hereby created a Board of Regents for the Oklahoma Agricultural and Mechanical College and all Agricultural and Mechanical Schools and Colleges maintained in whole or in part by the State. The Board shall consist of nine (9) members, eight (8) members to be appointed by the Governor by and with the advice and consent of the Senate, a majority of whom shall be farmers, and the ninth member shall be the President of the State Board of Agriculture." (Emphasis added).
Specifically, your concern centers on the requirement that a majority of the eight members that are appointed by the Governor "shall be farmers." Does this classification that a majority of the members of the Board of Regents for A M Colleges be farmers violate the Equal Protection Clause of the
The Equal Protection Clause of the
"The
Fourteenth Amendment permits the States a wide scope of discretion in enacting laws which affect some groups of citizens differently than others. The constitutional safeguard is offended only if the classification rests on grounds wholly irrelevant to the achievement of the State's objective. State legislatures are presumed to have acted within their constitutional power despite the fact that, in practice, their laws result in some inequality. A statutory discrimination will not be set aside if any state of facts reasonably may be conceived to justify it." (Emphasis added). McGowan v. Maryland,366 U.S. 420 ,425-426 ,81 S.Ct. 1101 ,6 L.Ed.2d 393 (1961).
To answer your question we must examine the history behind Okla. Const. Article
This constitutional provision creating the Board of Regents for Agricultural and Mechanical Colleges was adopted by the people of Oklahoma voting at a special election held July 11, 1944. Article VI, Section 31a amended Article
The Oklahoma Supreme Court has examined Okla. Const. Article
In 1971, the Regents for Higher Education conducted a feasibility study of (at that time) Murray State College of Agricultural and Applied Sciences, and approved a statement of functions for the college which would emphasize technical and occupational education. In conjunction with this change in educational emphasis, the Regents for Higher Education proposed the creation of a new board of regents for Murray State College. This action was challenged.
The Oklahoma Supreme Court expressed its frustration with the ab sence of language indicating legislative intent of the relevant constitutional provision. However, it did illustrate the nature of the colleges governed by the Board of Regents for Agricultural and Mechanical Colleges. It wrote:
"[W]e hold that when a School or College ceases to be an Agricultural and Mechanical School or College within the meaning of Article VI, Section 31a, supra, that said section does not require that such School or College be under the management and control of the Board of Regents for the Agricultural and Mechanical Colleges." Id., at 1067.
Also, the Court held:
"We hold that when an institution offers courses of study in agriculture and other allied courses of study, but its courses of study and functions give predominant emphasis to technical education, which cuts across the several fields of education, such institution is not an Agricultural and Mechanical College within the meaning of Article VI, Section 31a, of the Constitution." Id. at 1069.
Clearly, the Court recognized that the colleges governed by the Board of Regents of A M Colleges be primarily interested in the study of "agriculture and other allied courses of study." The importance of this determination is that it illustrates the rational relationship to the requirement that five members of the Board of Regents for A M Colleges be farmers, men and women with agricultural background. Such a relationship meets the traditional test for upholding a classification from a challenge that such a requirement violates the Equal Protection Clause of the
In Mayor v. Educational Equality League,
It is, therefore, the official opinion of the Attorney General that therequirement of Okla. Const. Article
MICHAEL C. TURPEN, ATTORNEY GENERAL OF OKLAHOMA
RICHARD MILDREN, ASSISTANT ATTORNEY GENERAL