TO MAKE SCHOOL PROPERTY AVAILABLE FOR THE USE OF RELIGIOUS GROUPS. TITLE 70 O.S. 5-130 PROVIDES AS FOLLOWS:
"THE BOARD OF EDUCATION OF ANY SCHOOL DISTRICT MAY, UNDER SUCH REGULATIONS AND CONDITIONS AS IT MAY PRESCRIBE, OPEN ANY SCHOOL BUILDING AND PERMIT THE USE OF ANY PROPERTY BELONGING TO SUCH DISTRICT FOR RELIGIOUS, POLITICAL, LITERARY, CULTURAL, SCIENTIFIC, MECHANICAL OR AGRICULTURAL PURPOSES, AND OTHER PURPOSES OF GENERAL PUBLIC INTEREST AND MAY MAKE A REASONABLE CHARGE TO COVER THE COST OF THE USE OF SUCH BUILDING AND PROPERTY."
(EMPHASIS ADDED.)
THE STATUTE TREATS ALL THE PERMITTED USES AS BEING "OF GENERAL PUBLIC INTEREST." THERE IS NO MANIFEST INTENTION TO TREAT RELIGIOUS GATHERINGS DIFFERENTLY FROM OTHER PERMITTED USES OF SCHOOL PROPERTY AND BUILDING. IT IS WELL-ACCEPTED DOCTRINE THAT DIFFERENT STATUTES RELATING TO THE SAME SUBJECT MATTER MAY BE CONSTRUED TOGETHER AS A HARMONIOUS WHOLE SO AS TO GIVE EFFECT TO EACH. JOHNSON V. WARD, 541 P.2D 182 (OKLA. 1975).
THE OKLAHOMA SUPREME COURT, IN THE LEADING CASE CONSTRUING THIS STATUTE, HAS DESCRIBED THE USES PERMITTED BY 70 O.S. 5-130 AS "PUBLIC GATHERING." HENNESEY V. INDEPENDENT SCHOOL DISTRICT NO. 4 LINCOLN COUNTY, 552 P. 2D 1141, 1145 (OKLA. 1976) (DICTUM).
THEREFORE BEFORE A SCHOOL DISTRICT RENTS, MOVES OR SELLS A BUILDING WHICH HAS BEEN USED AS A CHURCH FOR A PUBLIC GATHERING WITHIN THE LAST NINETY:(90) DAYS, SUCH DISTRICT MUST OBTAIN THE APPROVAL OF A MAJORITY OF THE SCHOOL DISTRICT ELECTORS.
(TAMMY M. THOMPSON)