A musician was arrested at the Cherokee Casino in Catoosa, Okla., last week for allegedly trampling an American flag as part of his act. According to The Tulsa World, the musician was originally charged with treating the U.S. flag with indignity, and the complaint was later amended to outraging public decency.

The arrest of this musician is an unconstitutional violation of his First Amendment rights, backed by settled U.S. Supreme Court precedents.

“I find it surprising that law enforcement would make such a glaring mistake in light of such a well-established line of case law,” said C.S. Thornton, Deputy Director of the ACLU of Oklahoma. “We are appalled at the actions taken by law enforcement and are calling for the immediate dismissal of any pending charges against Marion Gooding.

“This is a clear violation of Gooding’s First Amendment rights.”

DENVER – A unanimous federal appeals court today ruled that county commissioners in Haskell County, Okla. unconstitutionally sought to promote their personal religious beliefs by erecting a Ten Commandments monument on the front lawn of the county’s courthouse. The decision by the U.S. Tenth Circuit Court of Appeals comes in challenge filed by the American Civil Liberties Union and the ACLU of Oklahoma on behalf of a local resident.

“This is a significant ruling for the citizens of Oklahoma,” said Joann Bell, Executive Director of the ACLU of Oklahoma. “Religion should not be something that should be allowed to divide the citizens of this state, which is what happens when the government endorses one particular set of religious beliefs. All Oklahomans, of all creeds – and not just the beliefs of those in power – should feel welcome at county courthouse.”

In today’s decision, the court ruled that the erection of the monument violated the Establishment Clause of the U.S. Constitution because a “reasonable observer would view the monument as having the impermissible principal or primary effect of endorsing religion.” The erection of the monument was unconstitutional, the court ruled, because the proposal to erect the monument, its approval by the Haskell County Board of Commissioners, and the commissioners’ expressly religious defense of the monument ”strongly reflect a government endorsement of religion.”

The ACLU and the ACLU of Oklahoma filed a lawsuit challenging the display of the monument in October 2005, a little over a year after a Haskell County lay minister, who said “the Lord had burdened his heart” about having a Ten Commandments monument placed on the courthouse lawn, received permission from the Haskell County Board of Commissioners to build and erect it.

“Today’s decision is a victory for the cherished American value of religious freedom,” said Daniel Mach, Director of Litigation for the ACLU Program on Freedom of Religion and Belief. “The government should not be in the business of promoting religious viewpoints. In our country, people should be free to express their faith – or to exercise their right to hold no belief at all – without government interference or favoritism.”

Several days after the erection of the monument, a dedication ceremony was held that included opening and closing prayers, and remarks from several local pastors who talked about the religious significance of the monument. And in the months following the dedication ceremony, members of the Haskell County Board of Commissioners spoke frequently, publicly and often in expressly religious terms in defense of the monument, including statements like “That’s what we’re going to live by, that right there…The good Lord died for me. I can stand for him, and I’m going to.”

The U.S. District Court for the Eastern District of Oklahoma ruled against the plaintiffs in August 2006, prompting an appeal to the U.S. Tenth Circuit Court of Appeals.

OKLAHOMA CITY - The ACLU of Oklahoma applauds Governor Brad Henry for striking down a Voter ID bill that could have cost many eligible Oklahomans the right to vote. Senate Bill 4 would have required Oklahoma voters to provide proof of identity in order to vote. If voters did not show proof of identity, they would be required to vote by provisional ballot. Over 80 percent of provisional ballots were rejected in the last general election. Minutes after Henry vetoed SB 4, the Republican-controlled House passed SB 692 - a similar bill that would bypass the governor and go to a vote of the people in 2010.

“We are dealing with major budget shortfalls, high unemployment, and unaffordable health care, yet the legislature wants to waste time to debate an issue that is not a problem. There is not evidence of in-person voter fraud in Oklahoma,” said Tamya Cox, ACLU of Oklahoma Legislative Counsel. “We expect the legislature to deal with real, tangible problems such as inadequate space in our jails, and our teachers being underpaid - not fantasy issues.”

The League of Women Voters, AARP, NAACP, and other civic organizations oppose all Voter ID measures.

“The right to vote is one of our most precious freedoms, guaranteed to all eligible U.S. citizens regardless of their race, gender, religion, income level or social status,” said Gov. Henry in his veto message. “And policymakers must be especially careful when tinkering with this fundamental right.”

OKLAHOMA CITY – In the last two days, the Oklahoma House of Representatives has passed four bills that are not only unnecessary, but are in effect an assault on Oklahomans’ civil liberties.

Wednesday started with House Bill 1037, introduced by District 23 Representative Sue Tibbs. This bill is also known as the Voter ID Bill, and will require voters to present a government-issued photo ID before voting.

This bill will disenfranchise women, minorities, elderly, disabled, homeless, and veteran Oklahomans. Voting is a fundamental right, and charging individuals to vote is an illegal poll tax. HB 1037 passed down party lines, 59-39.

“If election reform is going to have any integrity, it must be bi-partisan,” said Tamya Cox, American Civil Liberties Union of Oklahoma Program Director and Legislative Counsel. “It should include same day registration and opening the polls earlier.

“This bill had none of this. Its only purpose was to create obstacles for people to vote.”

Over 78,000 Oklahomans do not have an ID card, and many that do will still be unable to vote because their driver’s license has expired. If HB 1037 passes in the Senate, those without a voter ID card, or those that don’t want to show it, will have to vote by provisional ballot. Over 80 percent of the November election provisional ballots were rejected.

The rough day continued with the passage of House Joint Resolution 1042, the “English Only” bill, authored by District 53 Rep. Randy Terrill. HJR 1042 would require all government communications to be in English, with few exceptions. The bill contains extremely divisive language, and passed by a vote of 66-32.

The last bill to pass through the House on Wednesday evening was HB 1330, which would erect a Ten Commandments monument on the Oklahoma State Capitol grounds. District 80 Rep. Mike Ritze is responsible for HB 1330, and if the constitutionality of the monument were to be challenged, state taxpayers would have to fund litigation and fee awards. A state agency would also have to oversee installation and upkeep. HB 1330 is similar to McCreary County v. ACLU of Kentucky, where the Supreme Court held that the Ten Commandments display was unconstitutional and violated the Establishment Clause.

HJR 1009, the Resolution to Oppose Federal Freedom of Choice Act, by District 84 Rep. Sally Kern passed today with a vote of 77-12. Kern has introduced a complete waste of time and money with HJR 1009. The Freedom of Choice Act is not pending in Congress. This irrelevant resolution has no legal weight and is only an attempt of the legislature to distract Oklahomans from real issues.

“We hope the Senate will do a better job of protecting the civil liberties of Oklahomans and refuse to hear these bills or add liberty protections,” Cox said.

OKLAHOMA CITY -- This afternoon, the Oklahoma House of Representatives passed HB 1595 – a fiscally irresponsible and extremely invasive bill introduced by District 71 Representative Daniel Sullivan. The passage of HB 1595, also known as the Statistical Reporting on Abortion Act, shows that the Oklahoma House condones invasion of privacy for a woman already forced with making a difficult decision. The bill also requires some medically unnecessary procedures to be performed.

HB 1595 requires medical professionals to ask a lengthy series of questions of a female patient, many of which, such as, “Reason given for abortion,” have nothing to do with her health care needs. If these questions are not asked, the bill allows for a cause of action to be brought against the doctor by family members, guardians, the district attorney, attorney general, and any licensed healthcare professionals of the female patient.

This will become frivolous litigation. It is odd that Rep. Sullivan, who had a tort reform bill pass out of the House recently, introduced this bill which will cost $281,285 initially and $256,285 for subsequent years. In a time when Oklahoma is already facing a budget crisis, this bill unnecessarily increases the cost to taxpayers.

Also, the reporting of the answers to questions asked of these patients will be posted on the Internet. While names will not be included with this posting, statistics like county of residence, age, race, and marital status will be reported. This makes a woman living in small town Oklahoma very identifiable.

“The legislature is once again interfering in the doctor/patient relationship,” said Tamya Cox, American Civil Liberties Union of Oklahoma Program Director. “This bill is medically and fiscally unnecessary.”

Out of 97 House members voting, only four opposed the bill. The ACLU of Oklahoma would like to recognize District 78 Representative Jeannie McDaniel, District 88 Representative Al McAffrey, District 28 Representative Ryan Kiesel, and District 97 Representative Mike Shelton for their recognition of a woman’s right to privacy and a brave vote of “no” on HB 1595.

“A woman’s brain doesn’t disengage during her pregnancy,” said Rep. McDaniel. “And, between a woman’s uterus and her brain is her heart.”

Rep. McDaniel also spoke about Oklahoma’s bottom-rung status when it comes to women’s health issues, women’s incarceration percentages, and the health of infants in our state. Rep. Sullivan responded to her list of facts by saying that all of these statistics were true because of the passage of Roe v. Wade. The ACLU of Oklahoma is not sure where Rep. Sullivan got this “fact.”

The ACLU of Oklahoma continually works to empower women and advance equality, as well as protecting everyone’s right to make informed decisions free from government interference about whether and when to become a parent. Today, the Oklahoma House of Representatives took a leap in the wrong direction by voting through HB 1595 and infringing upon a woman’s right to choose and her right of privacy.

OKLAHOMA CITY -- On Wednesday, several members of the Oklahoma Legislature objected to the invocation given by Dr. Scott Jones. Jones, Reverend of the Cathedral of Hope of Oklahoma City, served as Chaplain of the Day for the House of Representatives.

Jones acknowledged members of his church, his family and friends, and his partner. His prayer was similar to those given in the House hundreds of times before. However, it is one of the few if not the first time a gay man administered the prayer.

Near the close of the day, State Representative Al McAffrey of Oklahoma City moved that Rev. Jones’ remarks be entered into the day’s record. Immediately, Rep. John Wright of Tulsa objected to the motion. Objections to these motions are highly unusual and automatically require a vote. This caused confusion throughout the chamber. Some members were unsure on what they were voting. Others approached Rev. Jones inquiring what he said that caused the objection.

“I was excited when I found out Reverend Jones was asked to serve as Chaplain of the Day,” said Tamya Cox, program director for the ACLU of Oklahoma. “I knew this was a highlight for him, and it is a shame it was overshadowed by such prejudices.

“I am greatly disappointed in those legislators who either objected or refused to vote.”

A majority of house members voted to accept Rev. Jones remarks, and 20 members cast a vote to reject. Those who chose not to vote quickly left the chamber.

“Those legislators did not object to Reverend Jones’ remarks,” Cox said. “They objected to him.”

Members who have been around the capitol for several years could not recall a time when someone has ever raised an objection to entering remarks into the day’s record.

The ACLU is committed to fighting discrimination on all fronts and advocates for civil rights to protect lesbian, gay, bisexual, and transgender Americans.

FOR IMMEDIATE RELEASE
February 5, 2009
CONTACT: Tamya Cox, ACLU of Oklahoma, tcox@acluok.org

OKLAHOMA CITY - On Wednesday, HB 1037 passed in the House Rules Committee with an 8-4 vote. All Democrats voted no on this bill, and all Republicans voted yes.

The ACLU of Oklahoma, which is non-partisan, is interested in HB 1037 because if the bill passes in the house, many Oklahoma voters will be disenfranchised.

“When election reform is not joined by both parties, voters should not have confidence in the bill,” said ACLU of Oklahoma Legislative Counsel Tamya Cox. “Why would we create unnecessary obstacles for people to vote when the goal is to increase voter participation?”

During the committee meeting, Rep. John Trebilcock, R-Broken Arrow, stated that he would not mind having low Democratic turnout due to the photo ID requirements.

“The ACLU is distressed about the impact this bill will have on all voters, not just those of one particular party,” said Cox. “Because state legislators represent their entire district and not just those constituents of the same party, legislators should be concerned with the impact as well.”

HB 1037 will now be placed on the General Order and brought up for a third reading for the full body of the House.

Requiring proof of identity to vote will result in eligible people losing their right to vote. The burden of this requirement would fall disproportionately on eligible minority voters, voters with disabilities, the homeless, and absentee voters. Supporters of this bill argue that requiring proof of identification to vote would curb voter fraud. While election mistakes have occurred, no examples of organized fraud in Oklahoma have been cited.

ID requirements build in too much discretion and uncertainty into the voting process. Deciding whether a voter matches the photo on an ID card is a very subjective process. In addition, if an ID does not contain the voter’s current address or name, which is true of countless Americans who move or marry, he or she would likely be turned away from the polls.

A special hotline for Oklahomans who have any issues at their polling places this election day will be open Monday, November 3, and Tuesday, November 4, from 7 a.m. to 7 p.m. By calling 405-524-2296 on those days, voters will be put in direct contact with an American Civil Liberties Union representative to assist them.

1.         Check your voter registration status as soon as possible.
2.         Vote before Election Day if you can.
3.         Locate your polling place before Election Day.
4.         Plan ahead if you need special assistance.
5.         Don’t wear political attire to the polls.
6.         Bring some form of identification if you have it.
7.         Vote early in the day.
8.         Follow all instructions.
9.         Ask for help if you need it.
10.       Take your time.

Oklahoma State Election Board Secretary Michael Clingman said the rule about political attire is in place as a courtesy to other voters.

“We do not necessarily turn voters in political shirts away,” Clingman said. “But, they are usually asked to cover up or take their button off.”

Clingman added that all Oklahoma counties are advised similarly in regards to regulating political garb.

Again, with any Election Day questions or concerns, please contact the ACLU of Oklahoma at 405-524-2296.

REPRODUCTIVE RIGHTS AND FREE SPEECH BALANCED IN TULSA

A group with a history of blocking the entrance to an abortion and reproductive health clinic in Tulsa announced its plan to protest at the clinic again on October 18. The management of the clinic, Reproductive Services, voiced its concern to the Tulsa Police Department that the protestors would block its entrance by parading on the sidewalk across the facility’s driveway. The Tulsa police, citing potential liability for restricting freedom of speech and assembly, expressed reluctance to limit the movement of the protestors across the driveway.

The director of the clinic contacted Rex Friend, a cooperating attorney for the ACLU of Oklahoma. Friend, a lawyer well-versed and experienced in protecting the rights of protestors, received guidance from the state ACLU office and the ACLU National Reproductive Freedom Project. He then provided case law to the clinic, and the material was provided to the Tulsa police.

As a result of clarifying the rights of the protesters balanced with the rights of clients to access the clinic, the demonstration occurred as planned with one exception. The protesters did not attempt to block the clinic’s driveway and the police were present to insure that the rights of all parties were not infringed. Both free speech and reproductive freedom were protected as a result of this compromise.

Shelton to receive Angie Debo Award (9/22/2008)
District 97 Representative picked by the ACLU for prestigious distinction

Oklahoma City, OK – The American Civil Liberties Union of Oklahoma would like to congratulate District 97 Representative Mike Shelton as the recipient of the Angie Debo Civil Liberties Award, to be presented November 8, at the ACLU Bill of Rights Banquet. Named for the late Dr. Angie Debo, a noted educator, author, and activist, the award is given annually to an individual whose actions during the year or throughout a lifetime have helped to preserve individual freedom in Oklahoma.

Former felon’s voting rights questioned (9/12/2008)
ACLU of Oklahoma to have press conference regarding inappropriate communication from county election boards

Oklahoma City – The American Civil Liberties Union of Oklahoma will speak to the media on Wednesday, Sept. 17, at 2 p.m. about the disenfranchisement of voting rights for former felons. The deadline to register for the presidential election is Oct. 10, making this issue even timelier.

After a felon has completed their time served and restitution, they are free to register again and vote. A large number of county election boards involved in a 2005 survey conducted by the ACLU of Oklahoma gave incorrect information about the voting rights of former felons. This misinformation ranged from having no documents discussing the voting process of these members of society, to stating that former felons never regained the right to vote.

The ACLU of Oklahoma believes a functioning democracy must be properly educated on its rights, and former felons are a part of our democracy.

The press conference will be at the ACLU of Oklahoma conference room, 3000 Paseo Drive in Oklahoma City. Please contact Katy Jones if attending.