Legislature Should Stop Trying To Undermine Supreme Court Ruling, ACLU's Kiesel Says

OKLAHOMA CITY – The Oklahoma Legislature should stop its attempts to undermine a United States Supreme Court ruling that legalized same-sex marriages, the executive director of the American Civil Liberties Union of Oklahoma said Thursday.

During the summer of 2015, the Supreme Court ruled 5-4 that same-sex couples could legally marry. However, since that ruling many state legislatures across the country have attempted to hamper those marriages through legislation.

In Oklahoma several conservative lawmakers have, again, filed legislative proposals for the 2016 session that attempt to undermine the recent progress toward equality.

A bill by state Sen. Josh Brecheen, R-Coalgate, would prevent public funds from paying any “governmental salary” for any activity that included licensing or support of same-sex marriage.

The measure, labeled the Preservation of Sovereignty and Marriage Act, states that “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 the taxpayers of this state.”

The bill also includes a prevision that prevents the use of public funds to “enforce any court order requiring the issuance or recognition of a same-sex marriage license.”

ACLU Oklahoma Executive Director Ryan Kiesel called the proposal discriminatory and unconstitutional

“The Supreme Court has ruled. People are getting married,” Kiesel said. “And, yet, Sen. Brecheen and some other members of the legislature remain threatened by the fact that two people who care for each other want to spend their lives together. We are incredibly disappointed that a state senator has chosen to show such contempt for constitutional principles and a disregard for LGBT Oklahomans and their allies.”

Kiesel said he was disappointed members of the legislature continue to target the LGBT community with legislation "meant to exploit some perceived electoral benefit."

“We keep seeing legislation like this and it’s just wrong,” he said. “There are so many serious problems facing our state, it’s hard to believe that some members of the legislature would rather spend their time attempting to take away the rights of thousands of Oklahomans.”

Troy Stevenson, executive director of Freedom Oklahoma, an LGBT rights advocacy group, said Oklahoma’s gay community is being forced to refight previous battles.

“This (same-sex marriage) is decided law,” he said. “Now the stuff we’re seeing (in Oklahoma) is just vindictive and cruel.”

As an example, Stevenson pointed to Senate Bill 1014. That measure, authored by state Sen. Joseph Silk, R-Broken Bow, would regulate which restroom a transgender person could use.

“It shall be unlawful for a person to use a gender-specific restroom when that person's biological gender is contrary to that of the gender-specific restroom,” language in the bill states.

Brady Henderson, legal director for ACLU Oklahoma, said measure would be unenforceable without serious violations of personal privacy.

“I don’t think Oklahomans want to face the possibility of law enforcement officials being authorized to examine their genitals when they go to the restroom,” Henderson said.

Stevenson said his organization was monitoring about 15 pieces of legislation, most of which carried over from the 2015 legislative session. He said the LGBT community would work to defeat each measure. Stevenson also urged lawmakers to work on the state’s financial issues instead of measures that would harm the LGBT community.

“Our biggest concern is that we have a billion dollar budget shortfall,” he said. “Yet this (LGBT issues) is what they are focused on. I don’t think these bills represent the values of Oklahomans. I think this is all about the politics of distraction.”

Some lawmakers agreed. State Rep. Emily Virgin, D-Norman, said the legislature should address issues such as the state’s budget and education. “The budget and education should be our priority,” she said. “It seems silly to worry about who uses a public restroom.”