McAffrey Criticizes Planned Legislation

State Sen. Steve Russell’s plan to try to exempt Oklahoma from federal hate crimes guidelines drew heavy criticism last week from state Rep. Al McAffrey, the state’s first openly gay legislator.

Russell, a Del City Republican, has announced he will introduce legislation next session that will exempt the state from the Matthew Shepard and James Byrd Hate Crimes Prevention Act, a federal bill signed into law this year and strongly supported by McAffrey. The act extends hate crimes protection to sexual orientation, gender and gender identity.

McAffrey, an Oklahoma City Democrat, pictured right, called Russell’s opposition to the bill “empty rhetoric.” According to a McAffrey statement released last week:

Senator Russell is employing the same old tired arguments from yesteryear that have attempted to hold Oklahoma back. Preventing crimes against Oklahomans because of who they are is in no way an attack on free speech. That argument is nothing but empty rhetoric used to scare and mislead folks."

I don't know about Senator Russell, but I enlisted in the United States Navy to fight for the rights of all Americans regardless of their skin color, gender or who they are. Today, I'm serving in the State Legislature to do the same thing: fight for the rights of all Oklahomans. That's a fight I'll never give up."

The federal law, according to the Human Rights Campaign, honors the memory of “Matthew Shepard . . . a gay college student who was tortured and murdered in Laramie, Wyoming, and James Byrd, Jr., . . . an African-American man who was dragged to death in Jasper, Texas.”

According to a recent statement issued by Russell, the bill “exceeds the powers of government.” In the statement, Russell argued:

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.

Russell’s comments and his planned bill make Oklahoma, a bastion of right-wing conservatism, seem backwards and even mean-spirited. The GOP legislator has also drawn national attention as a “Tenther” on the widely-read Think Progress blog.

The 10th Amendment to the constitution reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” According to Think Progress, Tenthers routinely use the amendment to argue “landmark federal programs such as Medicare, Social Security, the federal highway system, and rules regulating airplane safety are unconstitutional.”

McAffrey is right to oppose Russell’s planned “pro-hate” legislation, which sullies the state’s image. Oklahoma should not opt out of extending protection to marginalized groups, which unfortunately sometimes endure violence based on hate, bigotry and intolerance.