Funerals not for shouting slogans, judge says

A federal judge in Missouri has ruled that a church whose members believe God is judging America by having her soldiers killed in war cannot shout those beliefs at memorial services for U.S. servicemen and women.

The ruling came on a request for a preliminary injunction in a case brought by a member of that organization, the Westboro Baptist Church of Topeka, Kan., against the state of Missouri, which earlier adopted a law banning protests within an hour before and after such a memorial service.

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Judicial Watch, the Washington group focused on more transparency in government, had filed a brief in the case, and its chief, Tom Fitton, told WND that Missouri's restrictions on protests at funerals were "appropriate."

"The question we were trying to address is whether it is appropriate for states to regulate, to protect the rights of these families to have these funerals of fallen service family members conducted in peace," he said.

Several other states also have enacted similar laws, because of the Westboro protests. That group, founded in the 1950s, believes that God is judging America because of the nation's acceptance of homosexuality.

It has used funerals of homosexuals to stage its protests and gained famed because of its "God Hates Fags" posters around events that followed the beating death of Mathew Shepard, a homosexual student at the University of Wyoming who was attacked and beaten.

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More recently, Westboro has protested at the funerals of fallen military members, saying their deaths are a judgment on America.

Judicial Watch had argued against the demand made by Westboro that the state of Missouri be ordered not to enforce its statute limiting protests "in or about" the funeral services.

The court order, from U.S. District Judge Fernando Gaitan, Jr., said the plaintiff in the case, Shirley Phelps-Roper, had not demonstrated that the restriction was violating her constitutional rights.

"The court order … essentially adopts Judicial Watch's argument that Missouri's 'funeral protection law' is well-grounded in Eighth Circuit judicial precedents and is consistent with the U.S. Constitution," said Judicial Watch. "Moreover, Judge Gaitan specifically cites Judicial Watch's amicus brief concern the right of family members and friends of those killed in battle to mourn their loss."

"The judge writes: '…
amicus Judicial Watch notes that Missouri also has an interest in protecting funeral attendees' First Amendment rights to free exercise of religion.'"

"We're pleased the court seems to recognize the right of funeral attendees to mourn those who died defending our country without being disrupted by protesters," Fitton said. "Unlike the ACLU, most Americans believe that mourners should be able to engage in quiet and reflective prayer at funerals.

"As the court noted, '…picketing soldiers' funerals and belittling the sacrifices made by soldiers are intolerable actions…,'" he said.

Missouri lawmakers adopted the limit after protesters began picketing outside the August 2005 funeral of Army Spec. Edward L. Myers in St. Joseph. It simply reads: "It shall be unlawful for any person to engage in picketing or other protest activities in front of or about any church, cemetery, or funeral establishment … within one hour prior to the commencement of any funeral, and until one hour following the cessation of any funeral…"

Judicial Watch had argued that the law was narrowly tailored and merely regulated the time and place of protests.

Phelps-Roper had alleged the limit was an unconstitutional abridgement of her First Amendment right to free speech. But the judge said, "The Court further notes that plaintiff has alternative channels through which she can deliver her message; for instance, plaintiff may still protest outside of the times and places prohibited by the statute."

Westboro, which runs the GodHatesFags.com website, describes itself as Baptist but is not affiliated with any known associations or conventions.

The group has won a series of lawsuits against the city of Topeka and Shawnee County after the groups attempted to prevent or hinder their picketing.

"Perceiving the modern militant homosexual movement to pose a clear and present danger to the survival of America, exposing our nation to the wrath of God as in 1898 B.C. at Sodom and Gomorrah, WBC has conducted over 32,000 such demonstrations since June, 1991, at homosexual parades and other events, including funerals of impenitent sodomites (like Matthew Shepard) and over 200 military funerals of troops whom God has killed in Iraq/Afghanistan in righteous judgment against an evil nation," the church proclaims on its website.

The president also believes that funerals are "private family affairs" and "no funeral should be protested," according to spokeswoman Dana Perino.

And an organization called "The Patriot Guard Riders" takes a little more direct approach to preventing disruptions of military funerals.

That organization is a network of motorbikers and veterans – with the goal of preventing disruption of funerals by "misguided religious zealots." Sometimes hundreds have shown up for military funerals where Westboro members are present, revving their engines so no shouts can be heard, and physically filling areas where protesters would want to congregate.

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