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Oklahoma Senate Bill 1100

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Senate Bill 1100
58th Oklahoma Legislature
  • An Act relating to vital records; amending 63 O.S. 2021, Sections 1-311, 1-313, 1-316, and 1-321, which relate to certificates of birth; limiting biological sex designation on certificate of birth to male or female; prohibiting nonbinary designation; making language gender neutral; updating statutory language; and declaring an emergency.
Territorial extentOklahoma
Passed byOklahoma Senate
PassedMarch 24, 2022
Passed byOklahoma House of Representatives
PassedApril 21, 2022
Summary
Bans non-binary markers on birth certificates
Status: In force

Oklahoma Senate Bill 1100 (SB 1100) is a 2022 law in the state of Oklahoma which bans sex markers other than male or female on birth certificates. According to Lambda Legal, Oklahoma is the first US state to pass such a law.[1]

Background

SB 1100 was first filed in October 2021 in response to the then-ongoing court case Loreleid v. Oklahoma State Department of Health where a person born in Oklahoma had been refused a birth certificate with a non-binary gender marker by the Department of Health. The Department of Health settled the case, forcing Oklahoma to issue birth certificates with non-binary gender markers on.[1][2]

On 8 November 2021, Oklahoma governor Kevin Stitt signed Executive Order 2021-24, reversing the settlement and calling on members of the Oklahoma State Legislature to pass a bill to clarify the law.[3]

Provisions

The provisions of the act include:[4]

  • Amending Oklahoma Statutes 63-1-311 (Birth certificates), 63-1-313 (Delayed birth certificate), 63-1-316 (New certificate of birth), and 63-1-321 (Amendment of certificate or record) to not allow any symbol representing a non-binary marker to be used as the biological sex designation on a birth certificate.
  • Declaring a state of emergency, allowing the act to take effect and come into force immediately upon approval.

Passage through the legislature

Bill sponsors

SB 1100 was authored by Senator Micheal Bergstrom and Representative Sheila Dills.[5] The bill was sponsored by twenty legislators, eight members of the Oklahoma Senate and twelve of the Oklahoma House of Representatives, all Republican. The eight Senators were:[6]

The twelve Representatives were:[6]

Stages

Bergstrom filed the bill on October 20, 2021, before the second session of the 58th Oklahoma Legislature convened in February 2022.[7] It was found to have no fiscal considerations to the state.[8]

SB 1100 had its first reading in the Oklahoma Senate on 7 February 2022 and its second reading the next day, when it was referred to the Senate Health and Human Services Committee.[9] On 28 February, the Committee voted 7-3 to recommend that the Senate pass SB 1100; Julie Daniels, Jessica Garvin, Adam Pugh, Frank Simpson, Rob Standridge, John Haste and Paul Rosino voted for the recommendation, and Jo Anna Dossett, Carri Hicks and George E. Young voted against it.[10] On 24 March, the Senate passed SB 1100 with 38 'ayes' and 7 'nays'.[9][10]

On April 6, the bill was passed by the House Public Health Committee by a 7-1 vote;[5] Sherrie Conley, Toni Hasenbeck, Dell Kerbs, Carl Newton, Cynthia Roe, Marilyn Stark and Wendi Stearman vote for it, and only Ajay Pittman voting against.[11] The House passed the bill on April 21 by 75-16.[12] The Oklahoma Democratic Party accused Republican state legislators of "hateful rhetoric" and personal attacks on Mauree Turner during House debates on the bill.[13] Turner, the representative for Oklahoma's 88th House district, is the first non-binary person elected to a state legislature.[14]

SB 1100 was sent to Governor Kevin Stitt on 25 April and signed the next day.[9]

Response

Support

Bergstrom said that the bill was "common sense" and that "it's not a complicated issue - biologically, you're either a male or female".[15] Dills argued that the bill provided "clarity and truth on official state documents" and that markers should be "based on established medical fact and not an ever-changing social dialogue".[16]

Opposition

On the day the bill was debated, Mauree Turner, a member of the Oklahoma House of Representatives and the first publicly non-binary U.S. state lawmaker,[17] tweeted that the bill was "a very extreme and grotesque use of power".[1][16]

Nicole McAfee, executive director of Freedom Oklahoma, said that the LGBTQ+ community in Oklahoma would "continue to fight for a state where we have full equality under the law".[18] Cathryn Oakley, senior counsel with the Human Rights Campaign, said in a statement that banning non-binary birth certificates "is just another attempt to erase the identity of transgender and non-binary people" and that it went against the wishes of "the vast majority of Oklahomans".[19] The ACLU also opposed the bill.[20]

In an editorial, The Norman Transcript condemned the legislature for "[choosing] to take action it knows will harm LGBTQ+ Oklahomans" and "specifically targeting [LGBTQ+ people] and their very safe existence in our state".[21]

Both before and after the bill was signed, there was discussion about its constitutionality being challenged, especially after the federal case of Zzyym v. Pompeo,[22][23] where the US Department of State was ordered to provide non-binary passports.[24][25]

See also

References

  1. ^ a b c Sean Murphy (27 April 2022). "Oklahoma governor signs ban on nonbinary birth certificates". ABC News. Archived from the original on 5 May 2022. Retrieved 5 May 2022.
  2. ^ Catherine Sweeney; Ryan LaCroix (22 October 2021). "Oklahoma issues first nonbinary birth certificate". KOSU. Retrieved 1 May 2022.
  3. ^ "Executive Order 2021-24" (PDF). Oklahoma Secretary of State. 8 November 2021. Retrieved 1 May 2022.
  4. ^ "Enrolled Senate Bill No. 1100" (PDF). Legiscan. Retrieved 25 June 2022.
  5. ^ a b Hunter McEachern (6 April 2022). "House committee advances bill preventing nonbinary designation on Oklahoma birth certificates". KFOR. Archived from the original on 21 April 2022. Retrieved 25 June 2022.
  6. ^ a b "OK SB1100 / 2022 / Regular Session". Legiscan. Retrieved 5 May 2022.
  7. ^ Hicham Raache (20 October 2021). "Oklahoma State Senator files bill restricting birth certificate gender requirements to male, female". KFOR. Archived from the original on 22 November 2021. Retrieved 25 June 2022.
  8. ^ "BILL SUMMARY - SB1100" (PDF). Oklahoma Secretary of State. Retrieved 5 May 2022.
  9. ^ a b c "Bill Information for SB 1100". Oklahoma State Legislature. Retrieved 16 November 2022.
  10. ^ a b "THE OKLAHOMA STATE SENATE - 2nd Regular Session of the 58th Legislature". Oklahoma State Legislature. Retrieved 16 November 2022.
  11. ^ "Oklahoma House of Representatives - Second Regular Session - 58th Oklahoma Legislature". Oklahoma State Legislature. Retrieved 16 November 2022.
  12. ^ "Controversial birth certificate bill heads to Gov. Stitt's desk after House approval". KOKH. 21 April 2022. Archived from the original on 21 April 2022. Retrieved 25 June 2022.
  13. ^ "Republicans' Personal Attack on Representative Turner is Unacceptable". Oklahoma Democratic Party. 22 April 2022. Retrieved 5 May 2022.
  14. ^ "Mauree Turner Oklahoma House of Representatives, District 88". LGBTQ Victory Fund. Retrieved 16 November 2022.
  15. ^ Carmen Forman (27 April 2022). "Oklahoma Gov. Kevin Stitt signs ban on nonbinary birth certificates". The Oklahoman. Retrieved 16 November 2022.
  16. ^ a b Kimberly Kindy (30 April 2022). "Okla. stakes out new battleground on LGBTQ rights: Birth certificates". The Washington Post. Retrieved 25 June 2022.
  17. ^ Carmen Forman (16 April 2021). "Rep. Mauree Turner is 'comfortable with being uncomfortable' in Oklahoma's Legislature". The Oklahoman. Retrieved 1 May 2022.
  18. ^ Alex Woodward (24 October 2021). "'I'm a human being': Nonbinary lawmaker criticises Oklahoma GOP and those who 'adamantly oppose your existence'". The Independent. Retrieved 5 May 2022.
  19. ^ Paul LeBlanc; Andy Rose (27 April 2022). "Oklahoma governor signs law banning nonbinary birth certificates". CNN. Retrieved 5 May 2022.
  20. ^ "SB 1100". ACLU Oklahoma. Archived from the original on 2 March 2022. Retrieved 5 May 2022.
  21. ^ "EDITORIAL: Signing nonbinary birth certificate bill into law is a mistake". The Norman Transcript. 24 April 2022. Archived from the original on 24 April 2022. Retrieved 25 June 2022.
  22. ^ Steve Fair (3 May 2022). "COLUMN: OK Supreme Court will be busy with new laws". Tahlequah Daily Press. Archived from the original on 5 May 2022. Retrieved 5 May 2022.
  23. ^ Payton May (11 April 2022). "Bill preventing non-binary designation on Oklahoma birth certificates moves forward". KOKH. Archived from the original on 11 April 2022. Retrieved 25 June 2022.
  24. ^ "Zzyym v. Pompeo" (PDF). Lambda Legal. 21 February 2019. Retrieved 5 May 2022.
  25. ^ Christine Hauser (27 October 2021). "U.S. Issues First Passport With 'X' Gender Marker". The New York Times. Retrieved 5 May 2022.
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