Oklahoma senate votes to nullify federal hate crimes law

Pam Spaulding shares a report from The Oklahoman:

A state law enforcement agency would not be required to share investigative files with federal agencies under changes proposed to the state’s hate crime bill.

In an amendment presented on the Senate floor Wednesday afternoon, Sen. Steve Russell, R-Oklahoma City, gutted a bill that had been filed to create a task force to study the Oklahoma Secondary School Activities Association, and inserted language to make changes to the state’s hate crime statutes.

Under the new provisions of Senate Bill 1965, reports that were collected during investigations of possible hate crime that did not end in a conviction would be destroyed or kept by the Oklahoma State Bureau of Investigation.

Russell said the bill is meant to prevent the federal law enforcement officials from taking over a case and applying different standards when local law enforcement has already investigated a case.

Only a few senators questioned Russell about the contents of his proposed amendment.

The measure passed 39-6 and now heads to the House for consideration.

The Oklahoma Daily reported in November, “'The law is very vague to begin with,' Russell said. 'Sexual orientation is a very vague word that could be extended to extremes like necrophilia.'” If that were a serious concern, the simple solution would be to define sexual orientation as "male or female homosexuality, heterosexuality and bisexuality, by preference or practice," as we do in D.C. But Russell is trying to confuse, not clarify.

Oklahoma's The Equality Network responds:

The Equality Network (TEN) is outraged by the Oklahoma State Senate's 39-6 vote in support of SB 1965, a bill that forces state law enforcement officials to obstruct the provisions of the federal Matthew Shepard and James Byrd, Jr. Hate Crimes Protection Act that protect lesbian, gay, bisexual, and transgender (LGBT) people. Using an amendment to gut the language of a bill that had been filed to create a task force to study the Oklahoma Secondary School Activities Association, Senator Steve Russell (R-Oklahoma City) inserted the original text of SB 2165, a bill that the Senate Judiciary Committee had declined to pass on to the floor.

The new SB 1965 leaves LGBT Oklahomans no legal recourse if they are victims of hate crimes. Not only does the state hate crimes law exclude sexual orientation or gender identity, but SB 1965 also prevents law enforcement officials from asking for federal assistance in enforcing the LGBT-inclusive federal hate crimes law. The bill does not seek to repeal federal or state hate crimes protections accorded on the basis of race, national origin, religion, or disability. Instead, it intentionally excludes only hate crimes perpetrated on the basis of actual or perceived sexual orientation or gender identity, two categories added to federal hate crimes law by the U.S. Congress in October 2009.

"Senator Russell's bill is truly terrifying in its implications." warns Kathy L. Williams, Ph.D., president of The Equality Network. "This legislation sends the message that violence against LGBT Oklahomans is acceptable. It also sets a chilling precedent that Oklahoma will only enforce certain federal laws and cooperate only with selected federal agencies. We believe this unconstitutional and blatantly discriminatory bill will harm all Oklahomans, regardless of their identity and regardless of whether they are victims of hate crimes."

This is not likely to hold up in court, but in the meantime it looks like open season for anti-gay hate crimes in Oklahoma.

(Hat tip: Pam Spaulding)