Burying Oklahoma’s Casket Cartel Once and For All

IJ has long challenged absurd state restrictions on who can and cannot sell caskets. A casket is just a box; it doesn’t take any specialized training to sell one. But many states once banned anyone other than licensed funeral directors from selling caskets to the public—not because caskets threaten anyone but rather to protect the funeral industry from competition. IJ’s nationwide campaign against these casket cartels has resulted in major victories. Through litigation and legislation, IJ has defeated protectionist casket laws in Alabama, Louisiana, Missouri, and Tennessee.

Longtime readers of Liberty & Law may recall the particularly memorable story of the monks of Louisiana’s Saint Joseph Abbey. When the monks started making handmade caskets to support their work, they were unknowingly committing a crime. The monks weren’t funeral directors, and the abbey wasn’t a funeral home. Propelled by complaints from funeral directors, state regulators came after them. With IJ’s help, however, the monks challenged Louisiana’s restrictions on casket sales in federal court, winning a landmark victory for economic liberty at the 5th Circuit.

But a few states have so far resisted attacks on their protectionist casket laws. Oklahoma is one of three states that still require a funeral director’s license to sell caskets. IJ originally challenged Oklahoma’s laws in federal court over 20 years ago. But in 2004, the 10th Circuit ruled that Oklahoma could give funeral directors the exclusive right to sell caskets, solely to protect them from competition. 

Today, Oklahomans continue to pay for their state’s casket cartel. Because residents are forced to buy caskets from funeral homes and prohibited from accessing more affordable sellers, the average funeral in Oklahoma costs 18% more than in neighboring states.

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The Oklahoma Funeral Board recently came after married couple Candi Mentink and Todd Collard for starting their own casket business. A graphic designer by trade, Todd decided to start wrapping caskets in vinyl graphic designs honoring the deceased person’s life. From their workshop in Calvin, Oklahoma, Candi and Todd began selling affordable custom caskets to consumers. But because they sold caskets to the public without being licensed funeral directors—and without transforming their workshop into a fully equipped funeral home—the Board tried to impose devastating fines and shut them down.

Oklahoma may have survived the first round. But one important thing about IJ is that we never give up. In February, we teamed up with Candi and Todd to sue the Oklahoma Funeral Board in state court under the Oklahoma Constitution. 

Like many state constitutions, the Oklahoma Constitution gives meaningful protection to the right to earn a living. We’ve achieved wins for economic liberty in places like Texas and Georgia by convincing state courts that they don’t have to follow bad federal precedent—like that established by the 10th Circuit in our previous challenge—giving extreme deference to the government. Together with Candi and Todd, we plan to destroy Oklahoma’s casket cartel once and for all and vindicate the basic economic freedom of entrepreneurs across the Sooner State.

Matt Liles is an IJ attorney.