Oklahoma House Resolution to restrict minors' access to books with gay themes in libraries is flawed

The Oklahoma House of Representatives just passed a resolution "to confine homosexually themed books and other age-inappropriate material to areas exclusively for adult access and distribution."

Some background: King and King and four other children's books in the Oklahoma City public library system are under fire. "Debate continues over kids' book depicting same-sex marriage."

Minow comment: Once again, one has to wonder whether legislators have studied the First Amendment, and if they have, whether they care.  Although minors are not entitled to works that could actually be considered "harmful to minors," the breadth of the restriction in the resolution is staggering, bearing no resemblance to the legal standard.  King and King is listed in Amazon for ages 6-up in Publishers Weekly and Grades 3-5 in School Library Journal. For a good summary of case law upholding minors' rights to receive information, see the 2004 Jenner & Block memorandum to the Freedom to Read Foundation.

Thanks to the ALA Office for Intellectual Freedom for the heads up.

To read the Oklahoma House Resolution ...

http://www.lsb.state.ok.us/2005-06HB/HR1039_int.rtf

vote count at http://www.lsb.state.ok.us/house/50LEG/okh01202.txt (81 to 3)

2005 OK H.R. 1039
OKLAHOMA FIRST SESSION OF THE 50TH LEGISLATIVE SESSION
HOUSE RESOLUTION 1039 STATE OF OKLAHOMA, 1ST SESSION OF THE 50TH LEGISLATURE (2005) HOUSE RESOLUTION 1039
SPONSOR: KERN AS INTRODUCED

VERSION-DATE: May 5, 2005

SYNOPSIS: A Resolution memorializing Oklahoma libraries to confine books with subject matter inappropriate for children to adult-only sections; and directing distribution.

WHEREAS, the development of children requires certain guidance and protection by adults to ensure that their maturation is timely and results in a greater degree of personal responsibility and respect for their role in society; and

WHEREAS, such development should be at the discretion of a child's parents free from interference from the distribution of inappropriate publicly cataloged materials; and

WHEREAS, libraries should remain public establishments free of exposure to children by material that may be deemed harmful and inappropriate; and

WHEREAS, materials concerning human sexuality and those of an arguably prurient nature are such that should not be readily available for consumption by children; nor should the distribution of such materials to children be supported by public finance; and

WHEREAS, a recent survey shows that 88% of Oklahomans favor restricting the availability of homosexually themed books and over 50% of those favor withholding funds from libraries that fail to do so; and

WHEREAS, Oklahomans approved by over 75% vote a State Constitutional amendment restricting marriage to that between one man and one woman and thus rendered materials promoting homosexual marriage inconsistent with current law.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 50TH OKLAHOMA LEGISLATURE:

THAT the Oklahoma House of Representatives memorializes Oklahoma li braries to confine homosexually themed books and other age-inappropriate material to areas exclusively for adult access and distribution.

THAT a copy of this Resolution be distributed to the American Library Association; the Oklahoma Library Association; the Mayor of Oklahoma City, Mick Cornett; the Oklahoma City Council; and the Metropolitan Library Commission.

Comments

[Raizel]

Unless libraries comply with HR 1039, the sponsors of the resolution plan to withhold $841,000 in requested additional funds for the state library for Fiscal Year 2006.
http://www.ala.org/al_onlineTemplate.cfm?Section=alonline&template=/ContentManagement/ContentDisplay.cfm&ContentID=94300
http://www.kfor.com/Global/story.asp?S=3340257

[Diane Foote]

Does anyone know where Rep. Kern and Rep. Crowe from OK got the identical wording in their resolutions: "materials concerning sexuality and those of an arguably prurient nature?" I'm sure there are more duplications in these resolutions, but this is the one in the news stories. It may be that one simply copied the text of another's, but it may be that they both cribbed this wording from an organization like PABBIS or FFL, which would take the wind out of the sails of their "communiy control" argument.

TIA for anyone who knows. I've been searching, and will continue to search, for a source. It doesn't appear to come from FFL.
--Diane Foote, library school student and ALA employee