Supreme Court Says It's OK to have protests at funerals

[BlueCollarMama]

http://www.foxnews.com/wires/2009Jun29/0,4670,USSupremeCourtFuneralProtests,00.html

 

State lawmakers in 2006 enacted two new laws creating buffer zones between demonstrators and funerals and processions. The legislation targets a Topeka, Kan., church whose members have picketed outside the funerals of people killed during the Iraq war, stating that they believe soldiers are dying as divine punishment because the United States harbors homosexuals.

Months after the laws took effect, Westboro Baptist Church member Shirley Phelps-Roper filed a lawsuit seeking to have the protest bans tossed out over free speech concerns. A federal appeals court in St. Louis ruled that Missouri cannot enforce the protest ban until the lawsuit is resolved.

The U.S. Supreme Court on Monday denied without comment Missouri's appeal of that order barring enforcement.

Numerous states have passed laws restricting protests at funerals, and some have been challenged. For its version, Missouri lawmakers crafted two largely similar measures to create a fallback position in case one is invalidated by the courts.

The primary law bars protests near any funeral, procession or memorial service from an hour before until an hour after the service. The secondary measure specifically states that protesters must stay back at least 300 feet. Both provisions levy the same penalty _ up to six months in jail and a $500 fine for a first offense and up to one year in jail and a $1,000 fine for repeat offenders.

Phelps-Roper, who also challenged a similar ban in Ohio, is represented by the American Civil Liberties Union of Eastern Missouri. Lawyers are still going through evidence for the case, and a trial on the merits of the constitutional challenge could come in July 2010.

ACLU attorney Tony Rothert said Monday the lawsuit was prompted by two provisions in Missouri's law. He said that without a specific distance requirement and a roving buffer zone that follows the procession, Phelps-Roper couldn't be guaranteed the ability to lawfully protest.

"It bans protests in public areas and public streets and sidewalks in a way that the Supreme Court has never allowed to happen," Rothert said.

Missouri Attorney General Chris Koster said the Supreme Court's decision is preliminary, and his office will continue fighting in court to preserve the ban and protect families mourning the death of loved ones.

"We are trying to stop these protests in Missouri, and the General Assembly has given us instructions to do everything we can to allow military families to bury their loved ones in peace," said Koster, a Democrat.

Two St. Joseph lawmakers sponsored the bans after members of the Kansas church protested outside the 2005 funeral of a soldier from their legislative districts.

It's my opinion that this is really sad and disgusting.

[KristiS11384]

Jul. 10, 2009 at 10:53 AM

The Supreme Court may have ruled that it is okay to have protests at funerals due to free speech but it is EXTREMELY Rude, tacky, and disrespectful. Then again the Westboro Baptist Church has a habit of being rude, tacky, and extremely disrespectful to begin with.

[BlueCollarMama]

Jul. 10, 2009 at 1:28 PM

So True Kristi, I'm at a loss for words when it comes to them. Have you seen their website? They use a soldier's death to further their twisted agenda. UGH!

(Original Poster)

[KristiS11384]

Jul. 10, 2009 at 2:14 PM

I want to punch Fred Phelps in the face!

[texmexmom]

Jul. 10, 2009 at 3:00 PM

omg!! I  cannot even IMAGINE having to go thru this!! I am afraid I would act my color and go all gangster on them!SERIOUSLY!! i HOPE I NEVER have to deal w/ that EVER! I feel for the poor families that do!

[jennie2263]

Jul. 11, 2009 at 6:21 PM

this is so sad. My heart goes out to the famlies that have had to go through this. It's very sad what all this country is starting to allow that is offensive and disrespect the people who dies for their right to be so stupid.

[pagan_mama]

Sep. 23, 2009 at 5:46 PM

My son is in the service and hewas wounded in Iraq. If, God forbid, he had paid the ultimate sacrifice for his country, any protestors who showed up would have better been wearing full-body armor, because I would have been out for blood at this outrageous desecration of his last resting place!