Oklahoma bill targeting gays hilariously misses its mark

By Daniel Tencer
Monday, March 29, 2010 16:50 EST
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They meant to make it easier to discriminate against gays, but instead they passed a bill making it easier to discriminate against Christians and other religious groups.

The Oklahoma Senate two weeks ago voted in favor of a bill that it thought was going to reduce protections for gay people by allowing local law enforcement agencies to ignore the expanded hate crimes law passed by the US Congress last year.

But, as the University of Oklahoma’s Oklahoma Daily reported last week, the Oklahoma bill cited the wrong clause in the federal code, and instead prevented law enforcement from upholding laws against hate crimes based on religion, race or ethnicity.

Eliminating protection for religious groups is pretty much the exact opposite of what the bill’s supporters had intended.

“The bill in its current form doesn’t take away rights from gays and lesbians,” state Senate Minority Leader Andrew Rice told Oklahoma Daily. “It takes away rights for religion and race.”

In October 2009, President Obama signed into law a change to the US’s protections against hate crimes that expanded protection to cover people on the basis of their sexual orientation and gender identity.

That law, known as The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, was opposed by some lawmakers in Oklahoma who feared it would “trample on the free speech rights of religious leaders who preached out against the lifestyle of the victim who was attacked,” notes the Out in Oklahoma City blog.

But “in trying to strip gays and lesbians of protection, the Oklahoma State Senate inadvertently cited the wrong section of the US code,” reports Igor Volsky at ThinkProgress. “The bill stripped rights under Title 18 US Code Section 245, but protections for sexual orientation and gender identity is actually under Section 249.”

Section 245 protects people against hate crimes on the basis of “race, color, religion or national origin.” Thus the very same religious leaders who worried that the federal hate crimes statute would criminalize their opinions are now in danger of losing hate-crimes protection themselves.

The mistake was “most likely a legislative error or at least a typo,” Rice, a Democrat, told the Oklahoma Daily.

Republican State Senator Steve Russell, the bill’s author, has said the bill will be changed before it comes before the state House for a vote.

Not surprisingly, the bill came under attack from Oklahoma’s gay rights groups when it passed the state Senate two weeks ago.

The bill “leaves LGBT Oklahomans no legal recourse if they are victims of hate crimes,” The Equality Network said in a statement earlier this month.

The bill “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,” TEN stated.

According to news reports, Oklahoma Gov. Brad Henry has not yet decided if he will veto the bill or sign it if it comes to his desk.

Daniel Tencer
Daniel Tencer
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  • yaright

    I secretly think that the person who imputed this data into the ok computer system is gay and decided to take matters into his/her own hands and dish out some social payback.

    LOL.

    Oklahoma Hicks = laughing stock of the USofA

  • oktoss

    I live in Oklahoma, This is the sort of thing that happens when you allow the religious right via the Republican Party take control of the state. Gov. Henry is a DINO. In fact, the platform of the Oklahoma Democrat Party has NO protections for gay rights.

    I wish someone would invade Oklahoma and give us non-rednecks a break.

  • dporteraustin

    God does indeed work in mysterious ways.

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    Social comments and analytics for this post…

    This post was mentioned on Reddit by onique: that is what you get for living in OK, that and Anne Coulter…

  • Manitobee

    This bill is pure trolling. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention is a federal law, enacted by Congress. State governments don't get to opt-out of Congressional Acts.

    If the Act didn't apply to states before, a state bill “authorizing” law enforcement to ignore the Act is a meaningless show of nothingness. Any parts that do bind the states will carry federal penalties for noncompliance, even if “authorized” by a state legislature.

  • ProgressiveInNewYork

    well at least this took some heat off Texas for the Hick Title

  • doctim11

    Serves them right. The nerve of these people that they would try to lessen the safety of some of their own citizens. Who would Jesus lynch?

  • squeekbat

    Do unto others as you would have done unto yourselves, republicans! Oh god, the irony….

  • squeekbat

    Anyone who doesn't agree with conservative Christians apparently.

  • Rev. Cleetus T. Rex

    If the Republicans want to get rid of Hate Crimes laws, then by all means, let's get rid of them all. No group should be protected in America if we allow such crimes against some.

    If I, wearing a cross around my neck, incite others to action in hate, why should I be exempt? It's my teaching and indoctrination that causes the perpetrator to act.

    In fact, why not just get rid of all Incitement laws too! If I incite a riot, in the name of God as a result of a sercmon, Why should I be held responsible? Hell,I'm a Republican! Personal responsibility isn't something for Republicans!

    My Gawd! What is it with these Demoncrats!?!?! Nobody has a right to force me to live by their Earthly moral code!!!

    Did Joshua, the Jew, live by a moral code when he genocided most of Judea? NO!

    I live by Gawd's moral code! If Gawd tells me to teach that it's okay to kill you, or even to overthrow the gummint, by gawd, I SHOULD NOT BE HELD RESPONSIBLE IF IT HAPPENS!!!

  • EnderW

    Amen, Reverend!

  • loueyjones66

    Can you say whoopsie! LOL

    Lou
    http://www.anon-web-surfing.it.tc

  • missskeptic

    The bill “leaves LGBT Oklahomans no legal recourse if they are victims of hate crimes,”

    Maybe if you own a business and you're also gay, you can now fire all the Bible-thumping rednecks – poetic justice.

    But I think Manitobee is right, a state can't decide to ignore federal statutes.

  • rgriffsf

    Even if the Governor signs this legislation it will be proved unconstitutional at the Federal level. States can not pick and choose what parts of Federal Law they will and will not enforce. If it is not found to be unconstitutional then the Federal Government can simply withhold Federal funds for sent to OK for Law enforcement until they repeal the law. Bank on it.

  • peterlawrence

    I think I should fire all those Goddamned Christians… them and their Goddamned wars!

  • PeteWa

    there's more than just something wrong with Oklahoma.

  • http://www.focced.com/ healingshoes

    The scariest part is that as they slide further and further toward becoming a minority, the inbreeding amongst white Christians is going to accelerate on a bell curve.

    If you think they're bad now, just wait lol…

  • onowhere

    This is why I never step into Oklahoma. It's like stepping into a cow pie. Ick!

    P.S. I avoid Texas for much the same reason, except there it's total bullshit, and that reeks!

  • srmark

    Yep.. Dan't ya all know us red-neck Gawd-faarin” riagt-wang faolk dayn in here in Oklerhoma still thank we live'n onder tham Aerticles of Confedarayionn — yer know whan da states have der raght to do what da whant! Gawd-dayrn homosexuals destroyan' aur country!

  • JoMama

    God loves the gays!!!

    Or, the OK state Senate is full of a bunch of idiots.

  • Tulseco

    All we have to do is look at the bozos the Oklahomans put into the U. S. Senate!! No surprise there!

  • theghostpony

    Oklahoma isn't OK.

    What a fucked up, backwards thing for them to do, to willingly discriminate against someone because of their sexual preferences.

    Asshats.

  • zogtheobvious

    I'm on your side with this, but I'm gonna play devil's advocate for a moment and ask your opinion of states that pass medical marijuana laws in defiance of Federal laws? I think this legislation is despicable, and I think medical marijuana should be totally legal, but we gotta watch tryin' to have things both ways or they'll just label us hypocrites. And that would be galling indeed to hear from a Republican.

  • Orwellingly Yurz

    Obviously, Gov Henry is gettng wedged with this item. But it really is funny that this primitive legislative body let this slip through. I'd think the national media should a good time with this one. I certainly am. Totalitarianism—Sooner Style.

  • terry

    Article 6 of the Constitution of the United States requires all states must observe federal laws and must uphold and enforce the covenants entered into within any other state:

    “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

  • Baconstang

    Intelligent Design must have missed OK.

  • Democratic_Socialist

    Here's a little off-topic, sort of, fun for you folks: http://www.afterdowningstreet.org/node/51091

  • terry

    Sounds like Supreme Court time. But on the other hand, the SCOTUS has a majority of right wing ass lickers.

  • terry

    and a waste of time and tax payer's money

  • terry

    Inquisition anyone?

  • WDsolstice

    To demonstrate this point, I have prepared a short play. Enjoy:

    [OPEN to a playground. TIMMY and JOEY are sitting on the swings, with CARTER on the top of the slide. All three are obviously bored and looking for something to do.]

    TIMMY: Oh gee willickers, I sure am bored.
    JOEY: What should we do, fellas?
    CARTER: Maybe we should push around Melvin? That's always fun.
    TIMMY: No no, teacher says we can't do that anymore. It's against the rules. We'll get in trouble.
    JOEY: Yeah, my mom yelled at me and didn't let me have any dessert last time we shoved him in his locker.
    CARTER: Fine… how about we steal Susie's glasses again? You know she can't see very well?
    TIMMY: Against the rules.
    CARTER: Roll Bryce's wheelchair down the big hill?
    JOEY: Against the rules.
    CARTER: Trample the kindergardeners' mud castles?
    TIMMY AND JOEY: Against the rules!!
    CARTER: *pause*…. Let's beat up Hayden.
    TIMMY: Why?
    JOEY: Isn't he gay?
    CARTER: Yeah!
    TIMMY: I dunno, I love gay people.
    JOEY: Yeah, Hayden let me borrow his bike when mine broke last summer.
    CARTER: Well, Oklahoma's senate just ruled that it's perfectly WITHIN the rules to beat up gay people, and they can't do anything about it. Whaddya say, fellas?
    TIMMY AND JOEY: Wait, we won't get in any trouble?
    CARTER: Nope. None.
    TIMMY AND JOEY: *shrug* Okay.
    [They leave the playground, sounds of a beating are heard, followed by outrageous applause]
    END

    -Thank you

  • LumberJock

    Not really. There's still Kentucky & Alabama; Mississippi & Arizona!

  • LumberJock

    I do like your thinking; which is more than I can say for most of the guys pulling the trigger on this issue.

    Between you [Manitobe] you have distilled the issue & the conundrum.

  • LumberJock

    Nice try. Except Oklahoma didn't exist until after the Articles had been retired – a hundred years or more retired.

  • http://www.facebook.com/profile.php?id=628351049 David Gartner

    I agree with most of what you wrote, but I must take exception with the phrase “sexual preference.” It's not a preference, it's an orientation.

  • LumberJock

    I've discovered why there are so few Baptist chidren reporting molestation!
    They didn't know it was molestation; they were told it was being born again!

  • enorceht

    you think they might be adding a new variety for marches created by anarchists called

    >>>>> kop off

  • anonmoose

    Religion should NOT be a protected class anyway – RELIGION IS A CHOICE, YOU ARE NOT BORN THAT WAY.

  • Hooker

    When we look around and see all the weirdo, psycho, brain-dead groups, from nutty militias to wildly moronic churches to political groups who include “Christian” in their name, one wonders how these people define the word “Christian.”

    Tell me. What is a “Christian”? I've never been able to figure it out. Is the pederast protecting pople a Christian? And all those priests who committed indescrible crimes. And those who covered up for them, and allowed the crimes to continue?

    Does “Christian” describe so many conflicting types of people that it really has no meaning at all?

  • http://bigdanblogger.blogspot.com/ Big Dan

    Disgusting: Republicans attacking Americans!!!

  • Veronica

    And or “perceived” sexual orientation. So, technically, you could hurt anyone and get away with it if you “think” that person is gay….

  • http://bigdanblogger.blogspot.com/ Big Dan

    “Republican State Senator Steve Russell, the bill's author, has said the bill will be changed before it comes before the state House for a vote.”

    How much ya wanna bet Steve Russell is gay? Doesn't that always happen?

  • theghostpony

    And orientation is what I meant to type. In my haste to get to dinner I entered the wrong word. I'm sorry.

  • Slappyyopappy

    Every time I go back to my old home state of Oklahoma, I see how much further from the rest of the country that place seems to slip. Racist, homophobic, backwards. Beautiful land, sad people.

  • http://gamesbackup.co.uk/ m3 ds real

    I would like to say one of the options for the “supreme law of the land” was the Bill of Rights, which as part of the Constitution should also get some credit.It seems from the details that are posted on some blog posts that the quiz was actually multiple choice, and that leaves it very poorly designed at least: for the party question, for example, “Democrat and Republican” and “Communist and Republican” were apparently the only options.

  • Nunya

    since when does it matter if they do call us hypocrites? and why should i care about wanting to have it both ways? the people doing the fingerpointing are hypocrites and talk out of both sides of their face constantly. trying to take the high road here might be a bigger mistake. let's have our cake and eat it too! let's say to hell with them and what they think of us, and go for broke! let's govern instead of worrying about what they think!!

  • ed01

    What will the bill author think if his son or daughter steps out of the closet, and is beat up. Better yet the author is more than a toe tapper in the men's restroom at the airport

  • Jaime Frontero

    yeah, well, that's oklahoma. mmmph. never much of a major player…

    when you get there you smell it. but you ain't stepped in it until you hit texass.

  • srmark

    My post was satire — I know OK was not part of the US during the 1780's..duh!

  • Youwillsee

    Deacon Coburn Sux ;)

  • Mark

    Typo or no, this Freudian slip is a microcosm of what the GOP and Teatards are doing with health care insurance reform. Those type of people (genetically blessed with their morality switch off) are merely reflecting what they want to happen in the larger sphere – eg, the entire nation.

  • LumberJock

    Satire is a complete work, like a play or novel, not a one line zapper.

    You might say, “It isn't OK to abreviate the name of the state of Oklahoma, but I couldn't possibly comment on … that.” Whereas one might consider this either satire [not a complete work] or sarcasm [where's the anger?], it really is sardonicism. Sardonic is cruel without the angst ridden anger of sarcasm and quicker to the point than an allegory or satire.

    See Zog the obvious & Manitobe above.
    .

  • Mark

    Indeed. If the Pope, who wears a cross around his neck, tells the entire planet that the investigation of priests diddling hundreds of boys is 'vicious gossip', he should also be discriminated against as well.

  • LumberJock

    Well I thought you were addressing 'being out' which is life style. Some of us are just. too. sensitive.

  • LumberJock

    You're right, I hadn't even considered that option. That's even more pernisciously evil. Good onya for bringing it up.

  • jimbojamesiv

    I'm not aware of a state's power to annul a federal law, at least according to, and under, the US Constitution. A state can seek to overturn the law arguing it is unconstitutional, but a state cannot enact a law voiding a federal statute.

  • Adam

    Under U.S. v. Printz, the federal government can't force states to enforce federal laws anyway, so this bill is kind of ignorant and unnecessary. They are just revealing who the bigots in the state legislature are without having real, appreciable effect on the law. Nice work, dipsh*ts.

  • Sooners Sin

    Illiteracy and Hate are married in Oklahoma.

    Evidently, the primordial Sooner brain is less afraid of that ugly couple than homosexual love.

  • Kate

    In my opinion, all violent crimes are hate crimes. All perpetrators should be treated the same, and the rights of all victims should be recognized and protected. A crime should never be considered “less” wrong become of whom it was committed against. A heterosexual man bludgeoning his wife or girlfriend is just as horrible had he done the same to a homosexual individual, and vice versa. Wake up politicians-all victims have rights, and all violent offenders should be punished.

  • RoadScholar

    Real Christians try to follow the teachings of Jesus, and have the humility to accept that, try as they may, they could be in error. Love lives in these people.

    People like Mother Teresa and Father Flannagan.

    The Christians you're reacting to (bogus, failed Christians in my book) ignore the teachings of Christ when it might threaten their fears, prejudices, and sins, and are positive their interpretation of His word is infallible. Hate rages in these people.

    People like Fred Phelps and Wiley Drake.

    People of conscience should have nothing but praise for the former, and nothing but scorn for the latter.

  • fisher_cat1227

    For the religious in OK: How does it feel to have your rights taken away? How can you justify doing that to someone else? Perhaps the mistake is a message from God.

  • mudstump

    God works in mysterious ways.

  • RoadScholar

    Real Christians try to follow the teachings of Jesus, and have the humility to accept that, try as they may, they could be in error. Love lives in these people.

    People like Mother Teresa and Father Flannagan.

    The Christians you're reacting to (bogus, failed Christians in my book) ignore the teachings of Christ when it might threaten their fears, prejudices, and sins, and are positive their interpretation of His word is infallible. Hate rages in these people.

    People like Fred Phelps and Wiley Drake.

    People of conscience should have nothing but praise for the former, and nothing but scorn for the latter.

  • RoadScholar

    What you're not taking into account, Kate, is that hate crimes are actually two separate crimes.

    When someone gets beaten up in a robbery, they have pain and injury, but know that the attacker just wanted their money.

    When a gay person or a racial-minority citizen is beaten up, they suffer not only their injuries, but the added psychological trauma of being punished for who they are; they have absorbed the painful message that “their kind” are not welcome in society.

    The “a crime is a crime” argument is generally cited by those who have sympathy for the attackers of such people, although I'm pretty sure you meant no such thing.

  • harmonikasavingsbonds

    This is what usually happens when Xtians are too stupid to read the bill.

  • Tom in NH

    It doesnt matter, Federal Law trumps state law. If OK doesnt enforce the federal law, they could see reductions in state aid. We'll see if they're willing to pay that price!

  • roy_T

    Since when do they know how to read?

  • wyrdless

    wow. That simply isn't what is going on.

    They aren't trying to make it legal to attack gay people, they are trying to make it legal to criticize the gay lifestyle.

    I am almost certain that someone will call me a bigot for pointing out the obvious.

    What is it with political discourse these days where people willingly ignore the obvious and talk about things in terms of extremes?

  • morty62

    Christopher Hitchens' book, God Is Not Great, resonates more and more every day. Religious fundamentalists taken as a whole are one of the most hateful and nasty collections of people under the sun. I'm not religious, but if the spirit of the anti-Christ resides anywhere it's in the heart of these self-righteous b–tards.

  • Ralph

    You'll notice there was nothing prohibiting incest.

  • damixaustex

    I know, it's really sad to watch journalism go down the crapper. In a few short years we'll be living in an idiocracy.

    The quote “The bill “leaves LGBT Oklahomans no legal recourse if they are victims of hate crimes,” The Equality Network”
    is tremendously misleading, yet the author saw no need to frame it. Casual reader, misled, jumps on the concept and takes it one step further.

  • damixaustex

    Sorry gotta jump in David. Orientation, sure, gay people. Got it, born that way. I see you're trying to point that out.

    Sexual preference, everybody, no matter what their preference includes. It's perfectly acceptable to use the term sexual preference No one should be discriminated against due to their sexual interests.

  • grindermonkey

    Well maybe this is the way Oklahoma will repeal the Health Care Bill. They are a crafty lot.

  • Koba

    Mother Teresa was a murderer. She kept the sick in hospices, isolated them from their families, and didn't distribute medicine. Just because she gave them a place to die (her “loving” hospitals she built in India for one example) that does not make her good. Catholics believe in suffering to get closer to god. She was a masochistic delusional woman.

  • http://profiles.yahoo.com/u/A2NDE4UO4JS5HBXQSFI7LRL2QE Michael

    Well, Bigots are often stupid. Homophobic bigots are blinded by the closet doors they hide behind. This is about par for the course.

  • jim

    see this is exactly what morons get…slapped in the face! I hope they all feel like the fools they are…especially when im srue some of them are sleeping around on their wives with other men….i should know…i had an affair with a state senator for years….something im not proud of or would never repeat…he was married but he never voted against anything gay…but goes to show you!

  • entr0py

    No that's. . . a really bad misunderstanding of what hate crimes laws do. It is always illegal to attack someone, whatever your motivation. Hate crimes laws create stiffer legal penalties if it can be shown in court that the assault was motivated by hate of a certain group, and if that group is specifically mentioned in the hate crimes law.

  • Guest

    But if we’re engaging in the same kind of hypocrisy that Republicans live by, how are we any better?

    How is that governing?

  • entr0py

    What does that matter? Hate crimes really have been committed against Jews simply for being Jewish, and Muslims simply for being Muslim.

    The problem of hate crimes against religious minorities is just as big as the problem of hate crimes against ethnic minorities, or the GLBT community.

    It seems like you're just saying “one of these things is not like the other”. Without putting any thought into what hate crimes laws are for and why we have them.

  • Howie

    You didn’t type ‘orientation’??

    HATE CRIME

  • aneuronalgobshite

    Probably time to hang a few Oklahoma state legislators from burning crosses in churchyards, just to get the point across.

  • AManNotFree

    it is my right to say that I don't like gays. This is becoming a nanny state, soon I will not be able to cheer for my team to protect the other team's fans.

  • Anonymous

    For all of you Oklahoma Bashers, let me, a liberal democrat, just say that this is an embarrassing incident but not all Oklahoman’s share the beliefs expressed and there are man wonderful and well educated people in Oklahoma. Garbage like this bill just give us a bad name

  • http://www.facebook.com/profile.php?id=1208124385 Sheri Smith Harris

    I’m a proud Oklahoman…we are not all bad people!

  • LumberJock

    Sheri -
    The essence here is the social impact of the general population. I’m not much of a Kentuckian: Andover, Brown, USC & SMU. I lasted less than 30 days at Kerr-McGee as a Geologist who explored Plate Tectonics, defended evolution and Natural Order of Selection and believed that oil, coal & gas were decayed organic material over 100 million years old, instead of deposited by god.

    That you are unique is irrelevant when 95% of the population is smoking tea leaves, believing O’Bama a Socialistic, Communistic, Fascist Muslim who was born in Africa.

    You want sympathy for being an intelligent Oklahoman? Move to San Francisco! Then we’ll actually believe YOU are smart.

  • peace&love

    Hate is Hate no matter how you look at it! And, it is ridiculously hateful and evil for them to create this bill. It basically states that they want to give people the freedom to harm people in the GLBT community. sexual orientation, race, ethnicity, religion…..this bill they are trying to sneak pass needs to be vetoed. THE END.

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  • AzulTS

    Under the Matthew Shepard Act of 2009, hate crimes in relation to sexual orientation and gender identity are federal offenses, not to mention the legislative acts that have preceeded it. Therefore, if a state were to pass a law that stripped any rights of protected citizens, it would be an invalid law because federal laws ALWAYS beats state laws. Even if they made a mistake and targeted the wrong groups, those old bastards at the Capitol will not get away with this.

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