Circuit Writer

In a previous post I covered SB 1965, a legislative effort by Senator Steve Russell (R – Oklahoma City) to effectively opt Oklahoma out of the recently adopted hate crime provisions of the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009.  While I want to refrain from questioning the senator’s motivations, I have no problem questioning his intentions.  In a press release he spells out a clear opposition to the Shepard Act:

Oklahoma currently has tough, good laws that include hate crimes laws. Any murder or brutal assault is hateful. That is the problem with singling out something more with this federal law.  I believe this legislation far exceeds the powers of government over states as outlined in the 10th Amendment of the U.S. Constitution.  I am also very concerned that this loosely defined and ill-conceived legislation could be used to target people’s belief, freedom to associate in groups, right to assemble on issues, as well as target people’s right to free speech.

The Oklahoma State Capitol building. (Photo by Daniel Mayer, used under Creative Commons 3.0)

What Russell fails to mention is that Oklahoma’s current statute does not include a victim’s actual or perceived gender, sexual orientation, or gender identity as motivations for a hate crime.  In his rush to defend the privileges of the empowered, Senator Russell runs roughshod over the basic human rights of members of the LGBTQIA community.  As a commenter on my previous post pointed out, the failure to prosecute the perpetrators of hate crimes creates an environment of fear that robs all potential victims of an ideologically motivated crime of their very human dignity.  The Leadership Conference provides another devastating example of the non-prosecution of hate crimes in their publication, Confronting the New Face of Hate: Hate Crimes in America 2009:

In Greenville, South Carolina on May 21, 2007, Sean Kennedy, a gay man, died of injuries sustained after he was attacked outside a bar. While making derogatory comments regarding Kennedy’s sexual orientation, the assailant fatally beat and punched him until he fell, hitting his head on the pavement. The killer was originally charged with murder, but his charge was reduced to involuntary manslaughter. He was sentenced to five years in prison, which was suspended to three years with credit for the seven months he had already served. He was also ordered to attend both anger management and drug/alcohol management classes. No hate crime was charged as South Carolina is one of only five states (along with Arkansas, Georgia, Wyoming, and Indiana) that do not have a penalty-enhancement hate crime law.

To defend the rights of so-called straight people when the lives of LGBTQIA people are at stake is a slap at true justice.  Yet the manner in which Russell proposes to deny human dignity as he defends the privilege of empowered people adds further insult to injury.  While he quibbles over freedom of speech and expression, victims of hate crimes are left to wonder if those oft quoted words; “life, liberty and the pursuit of happiness,” hold any meaning for them at all.  If we are to take that declaration seriously and acknowledge that all humans are created equally, then these tactics of shutting people out of the discussion about their own sexuality and/or identity are no longer acceptable nor morally defensible.  SB 1965 is just another method by which freedom of speech is used to avoid the relationality of dialogue and uphold the privileges of the oppressors while destroying the lives of the oppressed.

So it’s time for Oklahomans who are in favor of dignity and dialogue, relationship and justice, to stand together and oppose this bill.  Through some legislative trickery (which I hope to blog more about later), this proposed legislation moved very rapidly through the Senate and has already made its way into the House.  After being second read, SB 1965 was referred to the House Judiciary Committee, where it must pass a committee vote before it can be debated before the entire House of Representatives.  The Equality Network has already established a website where you can email the membership of the Judiciary committee and urge them to vote against SB 1965.  However, with the next scheduled meeting of the Judiciary committee on Monday, March 29 and no posted  agenda for which bills will be considered,* now is the time to make the most of your voice and snail mail an old fashioned letter to the members of this committee.  Repeated activist workshops have stressed the value of sending actual letters, and I would encourage you to join me in doing so.  I’m including a link to a copy of my letter to Representative McCullough to offer you some thoughts as to how you might address the subject in your own correspondence and a listing (below) of the representatives on the Judiciary committee along with their mailing addresses and phone numbers.  You might also find helpful talking points and examples at the aforementioned email link from The Equality Network as well as at an email advocacy website set up by Human Rights Campaign that may offer insights into composing your own letter or email.

If you don’t write a letter, send an email.  If you don’t send an email, consider making a phone call.  Legislation like Senate Bill 1965 is destroying dialogue and it will destroy lives.  It’s time for those of us who support community, restorative justice, and true equality to be in one voice in opposing hurtful and hate-filled legislation like SB 1965.  When we fail to stand in opposition to injustice and in solidarity with its victims, our inaction becomes our indictment.  I hope that you’ll join me in speaking against this bill that is bad for all people, and bad for Oklahoma.

* At the time of writing this post, no committee agenda had been set for the upcoming meeting of the House Judiciary Committee.

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Cross posted at the Xenia Institute.

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The following table includes all of the members of the House Judiciary Committee.  For your information, their party affiliation has been included in parenthesis following their names, but this is not actually part of their mailing addresses.  I’m also linking each representative to her/his page at the House website.