Can Oklahoma Write a New Law That Lets It Escape the Matthew Shepard Act?
 
 
 

steverussell

When Barack Obama signed the Matthew Shepard Act in October, it was the first time the federal government recognized LGBTs as a specific class of people — and dubbed them worthy of protecting. Not only did queer Americans score a new federal class, but also a commitment — in labor and finances — from federal law enforcement to work with local and state authorities on hate crimes investigations. Except one Oklahoma state lawmaker thinks he can exempt the Sooner State from the federal law, effectively picking and choosing which Congressional acts Oklahoma will adhere to. Expanding on State Sen. Steve Russell's announcement in November, MetroStar reports:

These words proved prophetic in Oklahoma as State Senator Steve Russell (Republican District 45) stated his plans to introduce legislation in the upcoming Oklahoma legislative session that would exempt Oklahoma from adhering to the expanded Federal Hate Crimes law. This proposed measure would forbid state and local law enforcement from cooperating with Federal authorities investigating a gay hate crime in Oklahoma. As Senator Russell stated, “Basically if Oklahoma decided a case that the Feds wanted to overturn, they would be on their own. We would not share evidence or manpower.” Russell did state further that his proposed bill would not interfere in cases Oklahoma deemed appropriate in accordance with existing state hate crimes laws which do not include sexual orientation.

And just so things are absolutely clear: Sen. Russell — a former commander at Ft. Hood, where the recent shooting massacre took place — is just fine working with the feds on hate crimes, just not hate crimes targeting Oklahoma's LGBT population. But as Sen. Russell's (only openly gay) colleague in the Assembly puts it, this is nothing but fearmongering.

Among those in opposition to this legislation is State Representative Al McAffrey, a Democrat representing District 88 and Oklahoma’s only openly gay legislator. As he puts it, “Senator Russell is employing the same tired arguments from yesteryear. Preventing crimes against Oklahomans because of who they are is in no way an attack on freedom. That argument is nothing but empty rhetoric used to scare and mislead folks.” McAffrey also added that should this legislation pass it would be superseded by Federal law anyway, elaborating that “ I believe this is a political ploy because of his position and probably that of his church in opposition to gay rights.”

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Comments (22)

No. 1 · ChrisM

What a fucking asshole. Do people really not see how sick these homophobes are?

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Posted: Dec 31, 2009 at 10:46 am · @Reply · [Flag?]
No. 2 · Same Crap

No, they can't. Supremacy Clause.

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Posted: Dec 31, 2009 at 10:52 am · @Reply · [Flag?]
No. 3 · terrwill

I usually don't wish bad things on homophope's family
members, however I wouldn't shed a single tear if one
of his 5 kids were tortured for hours, beaten to a pulp
and then crucified on a fence. Because this is nothing more
than a fuck you to Judy Shepard, her husband, and Matt's
brother………………………..

>> One statement which has haunted me for years was that one
of the ER Nurses who cared for Matt said that upon his
being brought into the ER his entire face was caked with
blood and dirt. The only part of his face not, was where
his tears had rolled down his face………………….

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Posted: Dec 31, 2009 at 10:57 am · @Reply · [Flag?]
No. 4 · Mathew

I call on a nationwide boycott on Oklahoma should this pass.

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Posted: Dec 31, 2009 at 11:00 am · @Reply · [Flag?]
No. 5 · blake

This is yet another reason why I am moving out of this shit hole state

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Posted: Dec 31, 2009 at 11:06 am · @Reply · [Flag?]
No. 6 · Same Crap

Well, I should say, they can write and pass the law, but it won't be enforceable because it will be superseded by federal law.

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Posted: Dec 31, 2009 at 11:17 am · @Reply · [Flag?]
No. 7 · Lukas P.

Is State Sen Russell trying to make Oklahoma look bad, or does he just have too much time and not enough lube?

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Posted: Dec 31, 2009 at 11:24 am · @Reply · [Flag?]
No. 8 · Mikey S

Anyone have contact information for this jerk?

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Posted: Dec 31, 2009 at 11:40 am · @Reply · [Flag?]
No. 9 · Mikey S

NVM. Found it. His website is a mess: russell@oksenate.gov

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Posted: Dec 31, 2009 at 11:42 am · @Reply · [Flag?]
No. 10 · Jill

I will be sending him a nice message.

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Posted: Dec 31, 2009 at 11:48 am · @Reply · [Flag?]
No. 11 · AlwaysGay

Another example of the pervasive prejudice against gay people in the legal system. Everytime I question the haterosexual police gay people write that I'm out of touch. No, I'm in touch with reality. As a Queerty article a couple days ago pointed out in a poll 88% of haterosexuals in America were willing to say homosexuality is wrong. I'm sure the number is even higher because some are unwilling to show their prejudice. Those prejudices seep into everything and it affect gay people in real ways like haterosexual police inaction when a gay person is hurt or haterosexual criminals getting light sentences after committing crimes against gay people.

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Posted: Dec 31, 2009 at 11:49 am · @Reply · [Flag?]
No. 12 · terrwill

>>>> Problem boils down to this: The Gays are the last
accepted group who one can get away with hating in a public
way. You can't say anything negative about Women, Blacks,
Hispanics, Jews, or even muslims without being "PC incorrect"
(not that the nutbag lunatics don't still hate all those
groups still) Substitute any of those tags for the word
"Gay" in any negative story about Gays and the person or
group uttering those words would be crucified………

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Posted: Dec 31, 2009 at 12:11 pm · @Reply · [Flag?]
No. 13 · B

In No. 7, Lukas P. wrote, "Is State Sen Russell trying to make Oklahoma look bad, or does he just have too much time and not enough lube?"

Most likely (unless he really is a true idiot), he knows that state law cannot override federal law, and even if something passes it will have no effect. So, he's probably just pandering to an extremely conservative district or trying to get more name recognition.

If he's a closet case and thinks a sex partner is about to spill the beans, he could be setting himself up to use a "they're out to get me because of the legislation I introduced and will say anything" ploy – sort of a variation on the "accuse the opposition of what you are doing so it looks like they are playing 'tit for tat' when they expose you" trick.

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Posted: Dec 31, 2009 at 2:40 pm · @Reply · [Flag?]
No. 14 · Lukas P.

Sure, "B." (#13) your ideas are rational but I'm sticking to my lack of lube theory!

In all seriousness, he is clearly trying to make a name for himself. Or clear his name, his conscience, or his path to being a REAL senator. Verily, there's so much to look forward to in Oklahoma—from afar, of course.

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Posted: Dec 31, 2009 at 2:53 pm · @Reply · [Flag?]
No. 15 · RC

Uh, does this eerily remind anyone else of the Nullification Crisis of 1832?
South Carolina tried nullifying federal laws and they basically got the pulp beaten out of them…
Sorry, Oklahoma, there's already a precedent.

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Posted: Dec 31, 2009 at 7:09 pm · @Reply · [Flag?]
No. 16 · Steph

Gays, heretics, witches, communists, feminists and even terrorists are becoming passe these days. It's those who are shoehorned into the "sexual predators" list who are currently the ones who may be publicly hated and discriminated against.

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Posted: Dec 31, 2009 at 7:55 pm · @Reply · [Flag?]
No. 17 · FakeName

To be pedantic, the Matthew Shepard Act was not "the first time the federal government recognized LGBTs as a specific class of people." The Hate Crimes Statistics Act, passed in 1990, includes sexual orientation as a category for which bias crime data must be collected by the federal government. It is true that the Act offers no penalty enhancements for anti-gay (or any other) bias crime but it has been on the books for almost two decades.

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Posted: Dec 31, 2009 at 9:15 pm · @Reply · [Flag?]
No. 18 · tom

Of course we all know you can't refuse to turn over evidence on a federal investigation without risking arrest.
Also, many police agencies and other related agencies receive federal funding. Something like this would place those funds at risk as well.

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Posted: Jan 1, 2010 at 9:01 am · @Reply · [Flag?]
No. 19 · Markus

Unbelievable what HATE will do (or try to do)!

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Posted: Jan 1, 2010 at 12:03 pm · @Reply · [Flag?]
No. 20 · Jacob

OMG i cant believe the length these people would go in order to prevent the saftey of LGBT people. So much hate and they call themselves religious.

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Posted: Jan 1, 2010 at 3:46 pm · @Reply · [Flag?]
No. 21 · Ctprep

No worries, state law does not trump Federal law. If it even passed, it would be struck down by every Federal court in the country.

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Posted: Jan 3, 2010 at 10:40 pm · @Reply · [Flag?]
No. 22 · AndrewW

Queerty said:

"… it was the first time the federal government recognized LGBTs as a specific class of people — and dubbed them worthy of protecting. "

Being defined as a "special class" or a "protected class" is NOT a victory. It only makes it more difficult for us to be EQUAL.

The Hate Crimes Bill is NOT "protection," either. It doesn't come with any protections – it is only about punishing bad behavior.

We won't be EQUAL until our fellow citizens believe we are – laws do nothing to change minds.

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Posted: Jan 4, 2010 at 12:00 pm · @Reply · [Flag?]
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