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Oklahoma
State Senate
Communications Division
State Capitol
Oklahoma City, OK 73105
For Immediate Release: November 5, 2009
Sen. Steve Russell
Russell Moves to Protect Individual and
State’s Rights Amid
Concerns Over New Fed Hate Crimes Laws
State Sen. Steve
Russell said the recently signed federal hate crimes legislation
oversteps the Constitution. He’s authored a bill that will
be introduced in the State Senate in 2010 to protect Oklahomans
from encroachments on speech, assembly and religious beliefs.
“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,”
said Russell, R-Oklahoma City. “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.”
Under Russell’s proposed legislation, Oklahoma courts would
bar the admission of any evidence not directly related to a crime
when dealing with issues related to speech, assembly and belief.
“For example, if a minister, rabbi or imam preached to a congregation
about immoral issues, and then someone took that message to an extreme
and actually committed a crime, neither the minister nor the congregation
could be charged themselves,” Russell explained. “There
would have to be something that directly connected a person or group
to the planning or execution of the crime.”
A further measure of the legislation would protect Oklahoma’s
right to investigate and prosecute as the state sees fit. If Oklahoma
law enforcement officers or district attorneys were investigating
a crime that they deemed to be a murder and federal authorities
later deemed it was a hate crime and took over the investigation
as allowed by the new federal statute, Oklahoma law enforcement
would be prohibited from cooperating with the federal investigation
in any way.
“Basically, if Oklahoma decided a case that the Feds later
wanted to overturn, they would be on their own—we would not
share evidence or manpower,” Russell said.
Russell said in no way would he discourage the prosecution of any
individual who assaults or murders another, nor would his proposed
bill interfere in cases that Oklahoma deemed appropriate under existing
state hate crimes laws.
“If a crime has been committed, the perpetrator must be held
accountable. My concern is that someone may take this new federal
hate statute and use it as a way to actually criminalize personal
speech, lawful association and religious beliefs,” Russell
said. “That would be a direct assault on the freedoms this
nation was founded upon, and I hope to protect Oklahomans from that
erosion of freedom with my legislation. I would also hope other
states would follow our lead in defending personal liberty with
similar measures.”
For more information contact:
Sen. Russell: 405-521-5618
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