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Freedom of Religion: Your Right to Believe, Worship, and Live According to Your Faith

6/18/2025

 
The freedom to practice your religion—or to not practice any religion at all—is one of the most deeply held rights in American law. Protected under the First Amendment to the U.S. Constitution, freedom of religion is essential to our diverse and democratic society.

But like all constitutional rights, this freedom comes with boundaries, complexities, and real-world implications—especially when religious beliefs come into conflict with government actions, employment policies, or public services.

🔹 What Is Freedom of Religion?The First Amendment contains two key provisions related to religion:
  1. The Establishment Clause – Prohibits the government from establishing an official religion or favoring one religion over another.
  2. The Free Exercise Clause – Protects individuals’ rights to practice their religion freely, as long as it does not violate public safety or other important laws.
In simple terms:
The government can't force you to practice a religion, can't stop you from practicing your religion, and can't give special treatment to one religion over another.

🔹 What Is Protected?
  • Attending religious services or practicing rituals
  • Wearing religious clothing or symbols
  • Observing religious holidays
  • Sharing or expressing religious beliefs
  • Teaching children according to your faith
  • Choosing not to participate in religious activities
These rights apply to all religions—major world religions, smaller faiths, and personal belief systems. They also protect the right not to believe.

🔹 Where Conflicts Arise: Despite these protections, disputes often arise in the real world, especially in areas such as:
  • Employment – Religious accommodations in dress code, scheduling, or work duties
  • Public schools – Prayer, religious clubs, and curriculum concerns
  • Government and public spaces – Religious symbols or speech in government-sponsored events
  • Healthcare and business – Conflicts between religious beliefs and service obligations
  • Zoning and land use – Religious buildings facing discriminatory local regulations
In many cases, the challenge is balancing religious freedom with other compelling interests, such as anti-discrimination laws, public health mandates, or equal access to public services.
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🔹 How Oklahoma Law Interacts with Religious Freedom: In Oklahoma, both state and federal laws offer strong protections for religious liberty. However, local ordinances, school policies, or workplace rules may still infringe on those rights—often unintentionally. That’s where legal support is crucial.

A Complete Guide to Setting Up an LLC in Oklahoma and Obtaining an EIN

6/1/2025

 
Starting your own business is an exciting and rewarding endeavor, but it can also feel overwhelming when you’re navigating the legal and administrative steps. One of the most common business structures chosen by entrepreneurs is the Limited Liability Company (LLC), which offers a combination of flexibility, liability protection, and tax benefits. If you’re considering forming an LLC in Oklahoma, this guide will walk you through the essential steps, including how to obtain your Employer Identification Number (EIN), a crucial requirement for your business operations.
Why Choose an LLC in Oklahoma?An LLC is a popular business structure because it provides the liability protection of a corporation while allowing the tax flexibility of a partnership. Here’s why it’s an excellent choice in Oklahoma:
  • Liability Protection: An LLC protects your personal assets from business debts and lawsuits.
  • Tax Flexibility: LLCs enjoy pass-through taxation, meaning profits and losses are passed through to the owners’ personal tax returns, avoiding double taxation.
  • Simplicity: LLCs are relatively simple to manage and operate, especially when compared to corporations.
  • State-Specific Benefits: Oklahoma has a business-friendly environment with a favorable tax structure for LLCs, including no state-level franchise tax.
Now that you know why an LLC is a solid option for your business in Oklahoma, let’s dive into the steps for setting one up.
Step 1: Choose Your LLC NameThe first step in creating your LLC is selecting a name that adheres to Oklahoma’s business naming guidelines. Your LLC name must be unique and not already in use by another business entity in the state.
Key things to remember when choosing your LLC name:
  • It must include the words “Limited Liability Company” or abbreviations like “LLC” or “L.L.C.”
  • It cannot include words that might confuse your LLC with a government agency (e.g., FBI, Treasury, State Department).
  • You can check name availability on the Oklahoma Secretary of State’s website to ensure your desired name is free for use.
Step 2: Designate a Registered AgentEvery LLC in Oklahoma must designate a registered agent. A registered agent is a person or business entity that agrees to receive official documents and legal notices on behalf of your LLC. The registered agent must have a physical address in Oklahoma (P.O. boxes are not allowed).
You can act as your own registered agent, or you can hire a professional service to take care of this responsibility. Using a third-party registered agent can help ensure that your LLC stays compliant with all legal requirements.
Step 3: File Articles of Organization with the Oklahoma Secretary of StateTo officially form your LLC in Oklahoma, you must file the Articles of Organization with the Oklahoma Secretary of State. This document includes basic information about your LLC, such as:
  • The LLC name
  • The name and address of your registered agent
  • The LLC’s business address
  • Whether the LLC will be managed by members or managers
You can file the Articles of Organization online or by mail. The filing fee for submitting the Articles of Organization in Oklahoma is $100.
Once filed, your LLC will be officially recognized by the state, and you’ll be one step closer to operating your business.
Step 4: Create an Operating AgreementWhile not required by the state, it’s highly recommended that you create an Operating Agreement for your LLC. This document outlines the management structure of your LLC, the duties of the members or managers, and the distribution of profits and losses.
An Operating Agreement helps clarify important decisions regarding the day-to-day operations of the LLC and can prevent disputes among members. Even if you're the sole owner, having an Operating Agreement in place can provide clear guidelines for your business operations.
Step 5: Obtain an Employer Identification Number (EIN)One of the final steps in forming your LLC is obtaining an Employer Identification Number (EIN) from the IRS. An EIN is essentially a social security number for your business and is required for various purposes, including:
  • Opening a business bank account
  • Filing taxes
  • Hiring employees
  • Applying for business licenses or permits
Most LLCs are required to have an EIN, even if they don’t have employees. You can obtain an EIN for free from the IRS by applying online. The process is simple and only takes a few minutes. Once you’ve completed the application, the IRS will issue your EIN immediately.
Step 6: Register for Oklahoma State TaxesIf your LLC is going to be selling goods or services in Oklahoma, you may need to register for certain state taxes. This can include sales tax, use tax, or unemployment insurance tax if you plan on hiring employees.
You can register for Oklahoma state taxes online through the Oklahoma Tax Commission. Depending on your business type, there may be additional licenses or permits you need to obtain.
Step 7: Maintain Ongoing ComplianceOnce your LLC is established, it’s important to stay on top of your ongoing compliance requirements to maintain your good standing with the state. Some key responsibilities include:
  • Annual Certificate: Oklahoma requires LLCs to file an Annual Certificate with the Secretary of State to maintain active status. The filing fee is $25, and the certificate is due each year.
  • Tax Filings: LLCs in Oklahoma must file state and federal tax returns annually, including income taxes, sales taxes, and any other applicable taxes.
Be sure to keep accurate records, and work with an accountant or attorney if you need assistance with tax filing or other legal matters.
ConclusionStarting an LLC in Oklahoma is a straightforward process, but it’s important to follow each step carefully to ensure that your business is legally protected and compliant. By choosing the right name, filing the Articles of Organization, obtaining your EIN, and staying on top of tax obligations, you can set your business up for success.
If you have questions or need help setting up your LLC, our experienced attorneys are here to guide you through every step of the process. Contact us today for expert assistance in forming your LLC in Oklahoma and ensuring that your business is built on a solid legal foundation.

Former Oilton Police officer charged with assault, rape by instrumentation in separate cases

5/21/2025

 
I fully support the District Attorneys pursuing criminal charges against the officer while I pursue civil remedies on behalf of my client. This guy shouldn’t have ever been trusted with a badge. Justice is coming.

Click the link below for the full story:

Former Oilton Police officer charged with assault, rape by instrumentation in separate cases
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Understanding Freedom of Speech: What It Protects—and What It Doesn’t

5/15/2025

 
When people think of the First Amendment, freedom of speech is often the first right that comes to mind. It’s a fundamental pillar of American democracy, allowing individuals to speak, write, and express themselves without government interference. But what does “freedom of speech” actually protect—and where are the legal limits?

🔹 What Is Freedom of Speech? Under the First Amendment of the U.S. Constitution, the government is prohibited from restricting most forms of speech. This includes spoken and written words, symbolic expression (like wearing an armband or burning a flag), and even certain forms of artistic or political protest.
In essence, freedom of speech means the government cannot punish you for expressing your views, even if those views are unpopular or controversial.

🔹 What Speech Is Protected? Protected speech includes:
  • Political speech – Criticizing public officials or government policy
  • Personal opinions – Expressing views on religion, society, or culture
  • Symbolic actions – Peaceful demonstrations, signs, clothing, etc.
  • Online expression – Posts on social media (with exceptions for threats or harassment)
  • Freedom of the press – Publishing information, including investigative journalism
It’s important to note: Private companies, employers, and platforms like Facebook or Twitter are not bound by the First Amendment in the same way the government is. They can enforce their own codes of conduct or community guidelines.

🔹 What Speech Is Not Protected? While the First Amendment casts a wide net, not all speech is protected. Courts have carved out exceptions, including:
  • Incitement to violence – Speech intended to provoke imminent illegal actions
  • True threats – Statements meant to cause someone to fear for their safety
  • Obscenity – Material deemed offensive with no serious literary, artistic, or scientific value (by legal standards)
  • Defamation – False statements that damage someone’s reputation
  • Harassment and hate speech – In some contexts, these can cross into unprotected territory
Understanding where these lines are drawn often requires legal expertise, as interpretations can vary depending on the facts and context of each case.

🔹 Why This Matters in Oklahoma: Oklahoma, like the rest of the nation, values robust free expression. But disputes often arise—especially in schools, workplaces, protests, or on digital platforms. At McBride & McBride – Lawyers of Oklahoma, we’re here to help individuals and organizations understand their rights and defend them when necessary.
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🔹 When to Contact an Attorney: If you believe your speech has been unlawfully restricted by a government body, or if you’re being accused of crossing the legal line with your speech, legal counsel is essential. Misunderstanding First Amendment protections can lead to serious legal or civil consequences.

Custody process In oklahoma

5/1/2025

 
Understanding Custody in Oklahoma: A Guide for Parents
Child custody is one of the most emotionally charged and complex aspects of family law in Oklahoma. Whether you’re facing a divorce or seeking to establish custody after separation, understanding how Oklahoma courts determine custody can provide you with clarity and help you make informed decisions. In this blog post, we’ll break down the key aspects of custody in Oklahoma, including types of custody, how custody decisions are made, and how you can protect your rights as a parent.
Types of Custody in OklahomaIn Oklahoma, child custody is typically categorized into two main types: legal custody and physical custody. It’s important to understand the distinction between these two, as they each play a significant role in the child’s life.
Legal CustodyLegal custody refers to the right and responsibility to make important decisions about your child's upbringing. This includes decisions regarding education, healthcare, religion, and general well-being. Parents with legal custody are expected to be involved in making these decisions, even if the child lives primarily with one parent.
  • Joint Legal Custody: In Oklahoma, courts generally prefer joint legal custody, which means both parents share decision-making authority.
  • Sole Legal Custody: In cases where joint legal custody isn’t in the best interests of the child, the court may award sole legal custody to one parent.
Physical CustodyPhysical custody determines where the child will live and how much time they will spend with each parent. Parents may have equal or unequal physical custody arrangements depending on the circumstances.
  • Joint Physical Custody: This is when the child spends significant time with both parents. It doesn’t necessarily mean an exact 50/50 split, but both parents are actively involved in the child's day-to-day life.
  • Sole Physical Custody: If one parent is awarded sole physical custody, the child will live with them most of the time. The non-custodial parent typically has visitation rights or may receive a set amount of parenting time.
How Does the Court Decide Custody?In Oklahoma, like in many other states, the primary consideration in custody decisions is always the best interests of the child. The court will review several factors when making this determination:
  1. The Child’s Wishes: If the child is old enough and mature enough to express a preference (usually around the age of 12 or older), the court may consider their wishes regarding custody.
  2. Parental Ability to Provide for the Child: The court looks at each parent’s ability to provide a stable home environment, emotional support, and financial resources to care for the child.
  3. The Relationship Between the Child and Each Parent: The court will assess the bond the child has with each parent, including the involvement each parent has had in the child’s life up until this point.
  4. History of Domestic Abuse or Substance Abuse: If there’s any history of domestic violence or substance abuse, this can heavily influence custody decisions. Courts will always prioritize the child’s safety and well-being.
  5. The Child’s Age and Developmental Needs: The needs of the child, including age, physical and emotional development, and any special considerations like health issues, will be taken into account.
  6. The Parent’s Cooperation with Each Other: Courts favor parents who are willing to work together and facilitate a cooperative parenting plan, even after separation or divorce.
  7. Stability of the Home Environment: A stable home environment is crucial to a child’s well-being. The court will assess each parent’s ability to offer a secure, consistent home life.
Modifying Custody OrdersCustody orders aren’t set in stone. If circumstances change significantly after the initial custody determination, it is possible to seek a modification of the custody arrangement. A parent may request a modification if:
  • There has been a significant change in the child’s needs or in the parent’s circumstances (e.g., relocation, changes in employment, health issues, etc.).
  • The existing custody arrangement is no longer in the child’s best interests.
To modify a custody order in Oklahoma, the parent seeking the change must show that there has been a substantial change in circumstances that justifies the modification. The court will then review the situation based on the best interests of the child.
Visitation and Parenting PlansIn Oklahoma, the court may issue a parenting plan as part of the custody agreement, detailing the time-sharing arrangement and responsibilities of both parents. Even if one parent has primary physical custody, the non-custodial parent will likely be granted visitation rights.
Visitation can be structured in various ways depending on the circumstances, such as:
  • Regular Visitation: A set schedule where the non-custodial parent spends time with the child on a consistent basis.
  • Supervised Visitation: If there are concerns about the child’s safety or well-being, the court may order that visits be supervised.
  • Holiday and Vacation Schedules: Special provisions for spending time with the child during holidays or school breaks.
The Role of MediationBefore resorting to court, Oklahoma encourages parents to try mediation to resolve custody disputes. Mediation can help parents reach an agreement in a less adversarial setting, potentially leading to a more amicable arrangement that serves the best interests of the child. If mediation fails, the court will make a decision.
ConclusionNavigating custody issues can be challenging, but understanding how custody decisions are made in Oklahoma can help you take the right steps to protect your rights and ensure your child’s well-being. The court’s focus is always on the best interests of the child, so it's important to be prepared to demonstrate that you can provide a stable, supportive environment for your child.
If you're dealing with a custody issue, it’s highly advisable to consult with an experienced family law attorney. A skilled lawyer can help you navigate the complexities of custody law, advocate for your rights, and work toward a solution that’s in the best interests of your child.
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McBride & McBride 
106 N Rowe St.
Pryor, OK 74361
PH: 918-825-3038
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Office Hours:
Monday 9:00 - 5:00
Tuesday 9:00 - 5:00
Wednesday 9:00 - 5:00
Thursday 9:00 - 5:00
Friday Closed - By Appointment Only
We also close for lunch


​The information on this site is not, nor is it intended to be, legal advice. The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter.
  • Home
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  • About Us
    • Chase McBride
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