Time for True Hate Crimes Legislation in Oklahoma
Steven Domer, a 62-year-old OKC gay man, disappeared from the NW 39th and Penn area on Oct. 26, 2007 and was later found murdered. The Oklahoma County District Attorney, David Prater, has charged an alleged white supremacist with the murder. Prater has called it a hate crime because there was no other motivation (e.g., robbery or revenge) for the crime than simply that the murderer wanted to kill a gay person. Allegedly, this murder was committed to earn a badge or patch in the white supremacist group to which the accused belonged. The DA has said that he cannot prosecute this as a hate crime because of the weak hate crimes laws in Oklahoma. Under the current law, a hate crime is a misdemeanor in Oklahoma and sexual orientation is not covered.
The first week of December, community activists and faith leaders gathered in a press conference, a candlelight vigil, and an interfaith worship service to remember Steven Domer and draw attention to the issue of violence against lgbt people. Harry Knox, Director of Religion and Faith for the Human Rights Campaign, Washington DC, was the keynote speaker at the interfaith service. It was felt by many that we must continue the cause, and that we should work together in a concentrated effort to bring meaningful hate crimes legislation to Oklahoma.
Representative Al McAffrey is now working with the district attorney’s office to write an amendment to Oklahoma’s hate crimes law that would strengthen it by making a hate crime a felony and including gender and sexual orientation in the law. Attorney General Drew Edmondson has also voiced support for such a move in the past. Strengthening our hate crimes law would allow a DA to file charges for a hate crime in addition to other crimes such as assault and battery or murder. That way if the jury did not convict on one charge, there would still be a chance to convict them on the hate crime.
Leaders of lgbt and other human rights organizations from around the state gathered for a meeting on Sunday, December 16, to discuss the new hate crimes legislation and how to support that initiative. The meeting was a time for community leaders to hear from Rep. McAffrey on the legislative effort and then to strategize on how to proceed. A larger, open community forum will be held in January or February to recruit a broad base of support and involvement.
Noting that Oklahoma has a “tolerance for intolerance” participants at the Dec. 16th meeting feel it is important to bring in other groups that would be allied with this anti-violence effort. Community education will be an important part of the effort. (The Daily Oklahoman has already denounced the efforts to enhance Oklahoma’s hate crimes law, saying it would value some victims more than others.) Some of the key points for education include:
The motive of a hate crime is to instill fear in a group or class of people and for this reason, a higher or additional penalty is warranted.
Hate crime laws do not apply to freedom of speech or expression which is guaranteed by the Constitution and also specifically protected by the Matthew Sheppard Act.
Hate crimes based on sexual orientation are the third most reported category to the FBI, after race and religion.
Enhanced Hate Crimes Legislation Efforts