Oklahoma Again. Bill to Fire Clerks for Following Law Advances.

Look out Texas and Mississippi, Oklahoma is coming for your title as the most ridiculous state governments in the country. A state house committee has advanced a bill that would fire clerks for issuing marriage licenses to same-sex couples even if the Supreme Court legalizes it.

Yesterday, the Oklahoma House Judiciary Committee advanced legislation that would prohibit judges and clerks in the state from issuing marriage licenses to same-sex couples, despite federal court decisions striking down the state’s ban.

Along with “prohibiting public funds for any activity licensing or supporting same-sex marriage; prohibiting public employees from recognizing same-sex marriage licenses; prohibiting spending public funds to enforce certain court orders,” the constitutionally dubious bill [PDF] also states that “[n]o employee of this state and no employee of any local governmental entity shall violate or interfere with the implementation of this act and continue to receive a salary, pension or other employee benefit at the expense of taxpayers of this state. If a judge violates this act, the judge shall be removed from office.”

The chief sponsor of the legislation just so happens to be Sally Kern, the Republican lawmaker who has repeatedly declared that homosexuality is a “bigger threat” and “more dangerous” than terrorism. As Kern explains it, homosexuality is more dangerous than terrorist attacks because homosexuality will “destroy the future of America.”

Of course it’s Sally Kern. Who else would it be? And I’m sure that Liberty Counsel will be coming in to defend those clerks for having their rights violated if this passes, like they’re doing in North Carolina, right? Yeah, I didn’t think so.

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What Are Your Thoughts?leave a comment
  • http://www.thelosersleague.com theschwa

    I hope this bill passes. It will give traction to my bill that seeks to fire any clerk that issues a driver’s license to a Christian.

  • http://drx.typepad.com Dr X

    Still trying to end speculation about the etymology of Oklahoma.

  • D. C. Sessions

    Does having their retirement savings (and other vested assets) confiscated qualify as a “taking” under the United States Constitution that Kern and other Conservatives love so much?

  • eric

    Both the state and federal legislatures should really just have a “freebie week” at the start of each session. All legislators can use that time to submit whatever over-the-top symbolic and its-only-for-the-votes unconstitutional legislation they want. Get their names in local papers as being responsive to the people, not letting big government boss them around, etc… Then, at the end of the week, they burn all that legislation and get down to the real business of appropriations and authorizations.

  • abb3w

    Using the US Supreme Court’s test from Lovett, this would appear to constitute a Bill of Attainder, which is prohibited to the States by the US Constitution and by Oklahoma’s own Constitution; and Part E would appear an act of Nullification contrary to Article VI and Article III Section 2 of the federal Constitution, per Cooper v Aaron. Additionally, claiming that the public peace, health or safety are at stake seems a flat falsehood.

  • John Pieret

    abb3w:

    claiming that the public peace, health or safety are at stake seems a flat falsehood.

    I don’t know about that … since same-sex marriages began there, so many fundie heads have exploded that the streets have become all slick and dangerous.

  • http://www.gregory-gadow.net Gregory in Seattle

    @abb3w #5 – You make is sound like conservative bigots actually give a rat’s ass about what the Constitution says.

  • gshelley

    But why?

    Surely they must know it will be struck down as soon as it is challenged

  • raven

    But why?

    Surely they must know it will be struck down as soon as it is challenged

    Hate is its own reward.

    It’s just a primitive tribal ritual.

  • vereverum

    Oklahoma is coming for your title…

    and with a nod to eric at #4

    OK doesn’t already have it only because MS is living on past glories and TX is so big. Which of those states has a legislator like this?

    http://www.huffingtonpost.com/2012/01/25/ralph-shortley-oklahoma-aborted-fetuses-food_n_1230414.html

    A measure in 2011 was to require presidential primary candidates to provide original birth certificates from state or federal government in order to be on the ballot.

    His current measure is to shield landowners who shoot down drones from liability.

  • theguy

    Liberty Counsel will be coming in to defend those clerks for having their rights violated if this passes, like they’re doing in North Carolina, right? Yeah, I didn’t think so.”

    The Poorly-Misnamed Counsel is definitely hypocritical like that; all their whining about “conscience protections” will go out the door faster than a chocolate Santa on the Sun.

  • http://www.facebook.com/den.wilson d.c.wilson

    eric:

    “Then, at the end of the week, they burn all that legislation and get down to the real business of appropriations and authorizations.”

    But that’s boring. And sounds like soshalizsm!

  • D. C. Sessions

    Surely they must know it will be struck down as soon as it is challenged

    Double goodness: they get Jesus Points for the legislation, and then they get to stir up the mob by ranting against Librul Activist Judges like Kennedy.

  • eric

    [eric]Then, at the end of the week, they burn all that legislation and get down to the real business of appropriations and authorizations.”

    [D.C.] But that’s boring. And sounds like soshalizsm!

    On the contrary, my friend. Burning all the symbolic legislation at the end of the week is part of my “shrink government and eliminate unnecessary regulation” platform. It also supports the Paperwork Reduction Act. :)

  • Childermass

    “Additionally, claiming that the public peace, health or safety are at stake seems a flat falsehood.”

    That claim is added to the end of most bills in Oklahoma and in some other states. For a bill to take effect quickly after it passes, the state constitution requires it and thus pretty much every bill is an “emergency.” Heck that language was attached to a bill naming some road after Jason White a bit over ten years ago.