Judge Allows Anti-Gay Protests at Military Funerals

Earlier this year a law was passed in Kentucky forbidding protests within 300 feet of military funerals and memorial services. The law was targeted mainly toward members of the Westboro Baptist Church, of Topeka, KS, who have toured the country picketing military funerals. About a dozen states have enacted similar laws, and Congress passed a law earlier this year prohibiting protests at military funerals on the grounds of federal cemeteries. Kentucky’s law said that groups wanting to protest at funerals were required to stay at least 300 feet away from funeral proceedings, memorial services, wakes and burials. Anyone found guilty of violating the law would face up to a year in jail.

The Westboro Baptist Church claims that the death of soldiers is God’s way of punishing America for tolerating homosexuality. In one of their recent protests, the "church" protested alongside the final farewell of young Adam Harding in Portage, Indiana. Harding, who was killed in Iraq, was honored with the Army’s Bronze Star and the Purple Heart for service to his country, and his parents were presented with a flag. His funeral was attended by dozens of family members, friends, and neighbors—but they were interrupted by the Westboro Baptist Church protestors.

Jonathan Phelps, one of the protestors from the "church," said of the funeral: "This is not about them grieving. This is about them beating their chest in pride about this filthy United States of America. Not only am I happy about it, the Bible says you are supposed to wash your feet in the blood of the wicked." During their protests, the "church" members carry signs saying "God Hates Fags," "Thank God for Dead Soldiers," and "Thank God for IEDs," the improvised explosive devices insurgents in Iraq use in roadside bombings.

A few days later some Chicago-area military veterans held a press conference to air their grievances about the Westboro Baptist Church and their shameful targeting of grief-stricken families. "This, I believe, is as low as one can go," said Brian Balcer, a veteran of the Vietnam War. The group of military veterans banded together to say that free speech is one thing, but human decency is another thing altogether. "The least that people can do is to respect that final moment that family has to say goodbye," said Kirk Morrison, who lost his son in Iraq.

The American Civil Liberties Union of Kentucky filed the lawsuit challenging the law on behalf of Bart McQueary, a man who has protested along with the Westboro Baptist Church on three occasions. Lili Lutgens, general counsel for the ACLU, said that the ACLU will seek a permanent injunction to throw the law out altogether. "We continue to support the commonwealth’s efforts to protect funerals, but we know it’s not necessary to violate the First Amendment to do that," she said.

U.S. District Judge Karen Caldwell agreed Tuesday, ruling that the law is unconstitutional, and she temporarily suspended it. Caldwell wrote that the law could restrict the free speech rights of people in nearby homes, sidewalks, and streets, even if they cannot be seen or heard by people participating in the funeral proceedings. Caldwell said that the 300-foot zone "is large enough that it would restrict communications intended for the general public on a matter completely unrelated to the funeral as well as messages targeted at funeral participants."

What kind of "message intended for the general public" would absolutely have to be delivered within 300 feet of a funeral during the brief time that it is taking place? Are there messages for the general public that can't wait 30 minutes or so to allow a grieving family to bury their dead?

Lutgens said that Caldwell’s ruling "reinforced the importance of freedom of expression." Shirley Phelps-Roper, the attorney for the Westboro Baptist Church, said that the church was surprised but happy about the judge’s ruling. Lutgens said she hopes Caldwell’s ruling will impact laws in other states. Kentucky Attorney General Greg Stumbo said he will consider an appeal. "I believe that society has an interest in honoring its war dead," Stumbo told reporters. "Funerals are times of sacred and solemn reflection which must be protected from aggressive disruption."

State Sen. Tom Buford, one of the sponsors of the law, said that the 300-foot buffer zone is the same area used to keep people from campaigning at voting precincts during elections." It would seem we want to give at least as much reverence to a funeral as we do an election," Buford said. "It seems like a sad day for our military." A sad day, indeed.