Oklahoma anti-LGBT legislation could wipe out local protections

Norman was the first Oklahoma municipality to affirm that sexual discrimination includes gender preference and sexual identity discrimination. Now, proposed state legislation could bring Norman's inclusive stance into question. A handful of state lawmakers are also attacking marriage equality and other inclusions.

Shortly before Christmas, the Norman City Council, on the recommendation of the city's Human Rights Commission, confirmed the inclusion of basic protections for members of the LGBTQ community. City leaders passed a resolution affirming the city's alliance with federal cases that applied protections for gender and sexual preference discrimination based on an expanded translation of laws forbidding sexual discrimination.

“We made the recommendation that the council be briefed on federal law,” Norman Human Rights Commissioner Chair Kay Ham said. “Really, the language hasn't changed at all. The words 'sexual orientation' and 'gender identity' are not in there. It's going by the expanded definition that the federal agencies are using for the word 'sex' to include everybody.”

A bill proposed by state Sen. Joshua C. Brecheen, R-Coalgate, would prohibit municipalities and counties from enacting rules not conforming to state statutes. As currently proposed, Senate Bill 1289 says a municipality, including those governed by a charter, shall not implement an ordinance, resolution, rule, or regulation that conflicts with or is more stringent than a state statute regardless of when the statute takes effect.

“It's aimed at Norman, Oklahoma City and Tulsa,” said Troy Stevenson, executive director of Freedom Oklahoma. “Norman is just following guidelines, but it does take it further than other cities. Norman passed the resolution and gave it legislative intent, which gives it more power. What this proposed law would do is take local control away from municipal governments and give it to the state.”

If adopted as proposed, Stevenson believes the law would have sweeping consequences.

“Basically, the way that law is written right now, it would take away local control for everything,” Stevenson said.

Norman Attorney Don Holladay said targeting anti-discrimination laws is a national trend.

“There have been over 200 cities in the nation that have passed anti-discrimination protections on the basis of sexual orientation and identification,” Holladay said. “This (SB 1289) is one that other state legislatures are doing, but there's no inconsistency in what Norman has done as far as protected classes and what already exists in state law.”

Protected categories of race, color, religion, sex, national origin, age, disability and familial status are protected regarding fair housing and civil rights.

“You cannot discriminate in employment and in housing and in public accommodations based on sex,” Holladay said. “Norman has defined sex discrimination to include sexual orientation and gender identification, and it did that by following a body of federal law that is doing the same thing.”

He said public restrooms are not public accommodations. Public accommodations are restaurants, retail establishments, libraries and sporting events.

“They are any place that hold themselves out as granting access to the public for the conduct of business or activity,” Holladay said.

Churches are not public accommodations in that sense, he said. The law would not require a church that did not agree with same-sex marriage to hold such a ceremony.

“That is a myth,” Holladay said. “The law doesn't require that.”

Holladay said the Catholic Church doesn't marry divorced people.

“Churches can set up any criteria they want for marriage and anything else that they do. They can exclude from the marriage ceremony anyone that doesn't believe as they do,” Holladay said. “That's what religious freedom is.”

Marriage is a civil institution by law that confers certain benefits and responsibilities. Marriage ceremonies can be done by a judge or by an atheist who bought a $10 license online, he said.

“It is not a religious ceremony,” Holladay said. “You can have a religious ceremony in conjunction with the civil ceremony.”

Senate Bill 973, called the Preservation of Sovereignty and Marriage Act would prohibit any taxpayer funds or governmental salaries being “paid for any activity that includes the licensing or support of same-sex marriage. No employee of this state or any local governmental entity shall officially recognize, grant, or enforce a same-sex marriage license and continue to receive a salary, pension, or other employee benefit at the expense of taxpayers of this state. No taxes or public funds of this state shall be spent enforcing any court order requiring the issuance or recognition of a same-sex marriage license.”

Legal challenges would cost taxpayer dollars

Freedom Oklahoma said legislators are pushing over two-dozen bills this session that are likely to invite legal challenges if passed into law. Stevenson said he is most concerned about proposed House Joint Resolution 1059 that would put the right to discriminate on the ballot.

HJR 1059 proposes an amendment to the state constitution that would provide protections “for entities and individuals that refuse certain acts which violate a sincerely held religious belief.”

“It doesn't have to go to committee or be signed by the governor,” Stevenson said. “There is no single piece of legislation that would be more damaging to the business future of a state already on the brink of economic collapse.”

Rep. Emily Virgin, D-Norman, said HJR 1059 is deeply concerning.

“Any time you have a piece of legislation that targets one group of people, that worries me, but when you put it on the ballot and have the rights of one minority group at the will of a majority of voters, it's particularly troublesome,” Virgin said. “In these sorts of cases, we're dealing with constitutional rights. I don't want the majority of voters to decide if I have the right to vote or who I can marry. The courts have determined that I have these rights, and it would be dangerous to put it on the ballot.”

Freedom Oklahoma is working with a coalition of organizations including ACLU of Oklahoma and the Human Rights Campaign, to fight discriminatory legislation.

“These hateful attacks have no place in a society that prides itself on the values of equality and freedom,” said ACLU of Oklahoma executive director Ryan Kiesel.

By Joy Hampton, Norman Transcript. Copyright 2016 Norman Transcript. Provided via AP Exchange.

The Gayly – January 29, 2016 @ 8:10 a.m.