Circuit Writer

The irony of the day is that as the debate rages over scrapping “Don’t Ask, Don’t Tell” and allowing people of the LGBTQI community to serve openly in the armed forces, the Oklahoma legislature is actively working to prohibit state law enforcement agencies from cooperating in federal hate crime investigations. A bill sponsored by Senator Steve Russell (R – Oklahoma City) introduces changes to the state code designed to do exactly that. On its face, the most recent revision of the bill (Senate floor substitute) may sound innocuous:

WASHINGTON - APRIL 12 (2007): Judy Shepard, mother of hate crime victim Matthew Shepard, wipes away tears during a news conference at the U.S. Capitol. (Photo by Chip Somodevilla/Getty Images)

An Act relating to criminal investigations … which relates to the Oklahoma State Bureau of Investigation; limiting disclosure of certain investigative information; prohibiting state employees from assisting a federal agency under certain circumstances.

What the summary fails to shed light on is the specific “circumstances” under which state employees are prohibited from disclosing information to or otherwise assisting federal law enforcement agencies. However, the blogosphere has rushed to the rescue with posts like these from the GLAA Forum, Unfinished Lives, and Metro Star News representing just a small sampling of web response. Comment has also come in from traditional media, with the editorial staff at the Tulsa World joining the conversation:

The bill apparently does not seek to repeal federal or state hate crimes protections in place that are based on race, national origin, religion or disability. But it excludes hate crimes perpetrated on the basis of actual or perceived sexual orientation or gender identity, two categories added to a federal hate crimes law last fall.

It also sets a chilling precedent … that Oklahoma will only enforce certain federal laws and cooperate only with selected federal agencies.

This editorial prompted a response from Senator Russell himself, offering arguments about free speech in addition to his original claims of protecting religious freedoms. However, Edge Boston appears to have spelled it out more clearly than the Senator himself:

Russell also worried that The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which was signed into law by President Obama last year, might be used to prosecute Christians who speak out against gays because of their religious convictions. Though the measure includes guarantees designed to protect First Amendment freedoms, opponents have blasted the Act for creating a new class of “thought crimes,” and worried that the law would be used to suppress religious expression, including readings of anti-gay Biblical passages.

While one dissenting opinion argues that an error in this bill may opt Oklahoma out of federal intimidation statutes instead,* the intention behind Senator Russell’s bill is clear – to obstruct the investigation and prosecution of hate crimes against LGBTQI persons. If this intention becomes law, whether through passage of this bill or another, Oklahoma will effectively become the first don’t ask, don’t tell state. When it comes to hate crimes, Federal agencies need not ask, and state law enforcement better not tell.

*The Matthew Shepard Act and James Byrd, Jr. Hate Crimes Prevention Act is actually codified in 18 USC 249, not 18 USC 245 as presented in this bill.

This article cross posted at the Xenia Institute.