Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Religious Worship Protection topic
No spam. Unsubscribe anytime.
Oklahoma Senate adopts bill updating 8-foot and 100-foot buffers around places of worship; passes emergency clause
Summary
The Oklahoma Senate passed Senate Bill 743 on fourth reading after extended questioning and debate about whether the measure—which codifies an 8-foot personal buffer and a 100-foot approach buffer around places of worship—properly balances protection of congregants and First Amendment rights. The Senate also approved an emergency clause.
Get email alerts on the Religious Worship Protection topic
No spam. Unsubscribe anytime.
The Oklahoma Senate approved Senate Bill 743 on fourth reading, updating a long-standing state statute to create an 8-foot personal buffer for unwilling listeners and a 100-foot approach buffer near places of religious worship. The measure passed with a final tally of 31 ayes and 15 nays; the chamber also approved an emergency clause, 36 to 9.
Senator Gallaher, who presented the House amendments and moved their adoption, described the measure as "a worship protection bill," saying the statute "has been in Oklahoma, like I said, since 1910" and that he incorporated the U.S. Supreme Court's Hill v. Colorado precedent into the revisions. "What this bill does is it basically protects a worship service," Gallaher said while explaining the amendments.
Supporters framed the bill as a response to violent and disruptive incidents at houses of worship. The author cited disturbances in Saint Paul, Minnesota, and an incident in Creek County, Oklahoma; he told colleagues that the Oklahoma State Bureau of Investigation completed an inquiry and made a criminal referral to the Creek County district attorney.
Opponents said the language is broad and risks chilling constitutionally protected public speech. "This bill goes beyond just protecting churches though. It's an attack on free speech," said Senator Devers, who also said that penalizing distribution of literature near churches could sweep in peaceful evangelism and other protest activity. Devers urged colleagues to consider the bill's potential to produce unintended First Amendment litigation.
Debate in questions and on the floor focused on how the bill would work in practice. The author repeatedly said protesters retain the right to "stand on the public sidewalk and hold their sign or talk to people," but that the statute bars knowingly approaching within 8 feet to accost an unwilling listener and bars obstruction within 100 feet of an entrance. He said the bill does not restrict content or volume of speech but aims to prevent obstruction and repeated disruptions; elements of the statute raise the severity of penalties for repeated offenses.
Senators pressed on edge cases: whether worship meetings that occur on public property (for example, prayer gatherings at the Capitol) would be affected, how private property that falls within a 100-foot measurement would be treated, and whether the absence of explicit time limits (for example, an hour before or after services) could expose the law to judicial challenge. The author said he sought a legal opinion before bringing the amendments and maintained the revision tracks current Supreme Court precedent; he also acknowledged that the Supreme Court could revisit or overturn Hill v. Colorado in future cases.
The Senate first adopted the House amendments by voice and then proceeded to passage on fourth reading. The clerk recorded the vote on final passage as "Senate Bill 743 having received 31 aye votes and 15 nay votes." After the final passage, the chamber voted to apply an emergency clause so the law would take effect immediately if signed.
The Senate moved on after a brief round of announcements and adjourned until the date specified by the presiding officer.
