Don't allow state law enforcement agencies to obstruct federal hate crime investigations

The Issue

On April 29, 2009, The U.S. House voted 249 to 175 (59%) in favor of HB 1913, which is more commonly known as the Matthew Shepherd hate crimes bill.  This bill took years in the making and finally, made it possible for the federal government to step in when hate crime occur against gay, lesbian, bisexual, and/or transgendered individuals, regardless of whether the state they live in recognized sexual orientation or gender identity in their hate crimes legislation.

The main effect of this bill made it so that the federal government could investigate crimes against persons due to their sexual orientation or gender identification.  Also, this bill allows the federal government to prosecute individuals accused of hate-motivated crimes.

Now, a disturbing trend is emerging.  State legislators, such as Sen. Steven Russell, R-Oklahoma City and Rep. Mike Shelton, D-Oklahoma City, are attempting to pass legislation that effectively allows state and local law enforcement agencies to obstruct the federal investigation and prosecution of individuals accused of hate motivated crimes due to sexual orientation and/or gender identification. 

They claim it is because Oklahoma doesn't recognize these classifications, so federal investigators should have to "ask permission" before investigating an alleged hate crime against gays, lesbians, bisexuals, or transgendered individuals. 

If local law enforcement agencies objected to turning over information to the federal government in a hate-crimes investigation, federal authorities would have to file a petition in court showing good cause why they needed the information, he said.

If local law enforcement agencies didn't object to turning over the information, court approval would not be needed, he said.

Russell said the law was needed to protect free speech after Congress added sexual orientation or gender identity to the categories protected under the federal hate-crimes law. President Barack Obama signed the measure adding those categories into law in October.

Currently, Oklahoma's hate-crimes law does not include sexual orientation or gender identity in its protected categories.

Shelton said SB 1965 would prohibit state law enforcement agencies from cooperating with any federal agency in the investigation of a federal hate crime.

This would, in essence, allow state and local law enforcement and judicial personnel to apply their bias and opinion to whether a hate crime had actually occurred, thereby negating the intention of the federal legislation.

While Oklahoma is currently the only state introducing such obstructing legislation, other states could soon follows suit.

Please sign this petition to contact your representatives to tell them that states should not be allowed to obstruct federal investigations and prosecutions of hate crimes!  Tell them that the current federal hate crimes legislation needs to be amended to prohibit attempts to water down or stand in the way of the protections afforded by this bill.  Tell them that allowing states to do this sets a dangerous precedent and should not be allowed!

This petition had 142 supporters

The Issue

On April 29, 2009, The U.S. House voted 249 to 175 (59%) in favor of HB 1913, which is more commonly known as the Matthew Shepherd hate crimes bill.  This bill took years in the making and finally, made it possible for the federal government to step in when hate crime occur against gay, lesbian, bisexual, and/or transgendered individuals, regardless of whether the state they live in recognized sexual orientation or gender identity in their hate crimes legislation.

The main effect of this bill made it so that the federal government could investigate crimes against persons due to their sexual orientation or gender identification.  Also, this bill allows the federal government to prosecute individuals accused of hate-motivated crimes.

Now, a disturbing trend is emerging.  State legislators, such as Sen. Steven Russell, R-Oklahoma City and Rep. Mike Shelton, D-Oklahoma City, are attempting to pass legislation that effectively allows state and local law enforcement agencies to obstruct the federal investigation and prosecution of individuals accused of hate motivated crimes due to sexual orientation and/or gender identification. 

They claim it is because Oklahoma doesn't recognize these classifications, so federal investigators should have to "ask permission" before investigating an alleged hate crime against gays, lesbians, bisexuals, or transgendered individuals. 

If local law enforcement agencies objected to turning over information to the federal government in a hate-crimes investigation, federal authorities would have to file a petition in court showing good cause why they needed the information, he said.

If local law enforcement agencies didn't object to turning over the information, court approval would not be needed, he said.

Russell said the law was needed to protect free speech after Congress added sexual orientation or gender identity to the categories protected under the federal hate-crimes law. President Barack Obama signed the measure adding those categories into law in October.

Currently, Oklahoma's hate-crimes law does not include sexual orientation or gender identity in its protected categories.

Shelton said SB 1965 would prohibit state law enforcement agencies from cooperating with any federal agency in the investigation of a federal hate crime.

This would, in essence, allow state and local law enforcement and judicial personnel to apply their bias and opinion to whether a hate crime had actually occurred, thereby negating the intention of the federal legislation.

While Oklahoma is currently the only state introducing such obstructing legislation, other states could soon follows suit.

Please sign this petition to contact your representatives to tell them that states should not be allowed to obstruct federal investigations and prosecutions of hate crimes!  Tell them that the current federal hate crimes legislation needs to be amended to prohibit attempts to water down or stand in the way of the protections afforded by this bill.  Tell them that allowing states to do this sets a dangerous precedent and should not be allowed!

Petition Updates