Measure would allow Okla. to opt-out of federal hate crimes law

In lieu of an Oklahoma measure that would allow the state to 'opt-out' of portions of the federal hate crimes law, activists around the country continue to push their legislators to LGBT-specific protections to their state's statutes.

Seventeen states include gays and lesbians in their hate crime laws, while 12 others and the District of Columbia include sexual orientation and gender identity. Arkansas, Georgia, Indiana, South Carolina and Wyoming are the only states without any sort of hate crimes statutes.

New York State activists continue to lobby legislators to add gender identity and expression to the state's anti-hate crimes laws. Efforts are also underway in Delaware, Maine, Massachusetts, North Carolina, Alaska and Alabama to expand their statutes to include LGBT-specific provisions.

"There's a growing sense from Americans in general that gays, lesbians, bi and transgender Americans deserve the same basic protections that all Americans receives," said Sarah Warbelow of the Human Rights Campaign.

The Oklahoma measure is not the only example of a state seeking to "opt-out" of a federal law. Arizona, Florida and other states are pushing for lawsuits against the health care reform bill President Obama signed into law late last month. South Dakota is trying to opt-out of federal gun laws, while Utah wants the authority to take control of federal lands within its boundaries.

State Sen. Steven Russell [R-Oklahoma City,] the sponsor of Senate Bill 1965, maintains the Matthew Shepard Act infringes upon the free speech rights of religious leaders,

"It's just nonsense," responded Warbelow. "The hate crimes laws have never penalized individuals for their speech. The one exception to this is if you are a religious leader, or any other person, and you instruct somebody else to murder someone. That can be prosecuted."

The federal law does not force officials to investigate hate crimes that are not already defined under state law, and federal authorities cannot prosecute hate crimes unless they're committed on federal property.

"What it does do, is allow federal government to step in and investigate those crimes if the state isn't going to do it, or wants assistance in doing it," said Warbelow.

As Oklahoma legislators continue to debate SB 1965, Phillip Nelson, who told EDGE a group of men shouted anti-gay slurs at him while they beat him outside his Claremore apartment building and ransacked his home in a second incident late last month, said he suffered yet another bias-motivated crime.

Nelson said he and his friend were harassed and threatened at a Tulsa bar on April 3. He maintains the DJ, who is coincidentally the bar owner's wife, began to make vulgar remarks to him through the mic. Other patrons began to follow suit; threatening him and his friend. And both Nelson and his friend were eventually kicked out of the bar.

"And she [the DJ] said 'We don't like faggots in our bar,'" Nelson told EDGE. "They were saying they were going to hang me from a tree."

A good Samaritan soon came to Nelson's aid by giving him and his friend a ride away from the scene. Nelson said he called the Tulsa Police Department four times, and they finally answered the call two hours later. Nelson filed a police report, but he said officers in both Tulsa and Claremore have not updated him on the status of their investigations.

"I keep calling Claremore to get more information and they will give no comment," said Nelson.

And while state Rep. Mike Shelton [D-Oklahoma City] blocked SB 1965 last week, activists remain adamant its supporters' intent was loud and clear.

"From the non legal perspective, it sends a very chilling message to gays, lesbians, bi and transgender Americans, that their lives aren't valued, and that Oklahoma legislators think less of them as humans," says Warbelow.