Supreme Court Strikes Down Missouri’s Funeral Protest Laws

MARBLEHEAD, MA - JUNE 27:  Members of the Westboro Baptist Church in Kansas hold signs over the heads of mourners June 27, 2005 while protesting during a funeral for Staff Sgt. Christopher Piper in Marblehead, Massachusetts. Piper, a special forces soldier, was killed by a roadside bomb in Afghanistan earlier this month.  Members of the Westboro Bapist Church are outspoken activists that oppose homosexuality and believe the terrorist attacks on the U.S. on September 11, 2001 and all the following U.S. casualities are a result of tolerance for homosexuality.  (Photo by Darren McCollester/Getty Images)

In an effort to address members of the Westboro Baptist Church who show up to protest the funerals of fallen soldiers from the Iraq/Afghanistan wars with signs reading “Thank God for Dead Soldiers” the state of Missouri passed legislation disallowing protests at funeral services an hour before any funeral service and for an hour afterward. The state also required that any protests be at least 300 feet from ceremonies and procession.

The Supreme Court has decided that these restrictions are unconstitutional.

A federal judge ruled Monday that Missouri laws restricting protests near funerals are unconstitutional.

Missouri legislators passed two laws in 2006 in response to protests at servicemembers’ funerals by members of Westboro Baptist Church of Topeka, Kan. The church contends the deaths are God’s punishment for the U.S. tolerating homosexuality.

U.S. District Judge Fernando Gaitan ruled the laws violate the right of free speech guaranteed by the U.S. Constitution.

The primary state law had barred protests near any church, cemetery or funeral establishment from an hour before until an hour after any funeral ceremony, procession or memorial service. The secondary measure specifically stated protesters must stay back at least 300 feet from ceremonies and processions. Both provisions levied 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.

Gaitan concluded Missouri officials did not demonstrate the protest restrictions served a significant government interest nor that they had been narrowly tailored to prevent the harm of interruptions of funeral services. The judge wrote he was sympathetic to the argument people attending a funeral deserve some protection but noted a federal appeals court previously rejected that argument.

I recognize the right of the Westboro Baptist Church members to protest, no matter how offensive and mean-spirited I find their motivation for protest. But I find it odd that federal courts would reject the need for protections for those holding and attending these funeral services.

Do those people not also have some rights? Such as the right to assemble peacefully? The right to practice their religion (keep in mind that most funerals are religious services)?

We all have rights, but does one group of people’s rights trump the rights of another? Obviously not, therefore we have to find some way to balance those rights so that they can all be exercised without one group running roughshod over the rights of another. Missouri’s law seemed like a reasonable sort of balance for the free speech rights of the protesters and the assembly/religious rights of the funeral attendees.

Clearly, the Supreme Court doesn’t think so.

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  • VladTaltos

    Judge Gaitan is not on the Supreme Court.

  • tom

    I have witnessed firsthand the vile and degrading comments memebers of this church, (and I use that term lightly) have made at the funerals of our servicemen. As veteran I would still fight for the right of free speech. I see nothing wrong with the restrictions that Missouri and other states have in put in place. These laws do not stop these church members from spewing their hatred.
    At recent national political conventions protesters were also restricted to certain areas. Will these protesters now be allowed inside these conventions?
    The Evangelical Lutheran Church of America(ELCA) last year passed policy to allow uncommitted gays to serve as pastors. Given the Kansas churchs' stand against gays will they be allowed to protest in ELCA churches at will?
    There is a time and place for everything. To protest at the funerals of those who have given all, in my mind is not the place and time.

    • 2Hotel9

      Tom? I have stood toe-to-toe with Fred, stared him into silence, and cackled gleefully as he was handcuffed and dragged away. Court fights can get this non-human piece of sh*t out of people's lives, and I can't wait till he comes back to PA, it will be sweet seeing him thrown in state prison. His cult is all about bringing lawsuits against innocent people in order to steal from them, nothing religious about it. And they are being sued into bankruptcy as we speak. Nothing more entertaining than watching lawyerscum f**king each other.

  • liberal_larry10

    The flip side of same coin. Extremist Muslims and extremist Christians are one in the same. If not for political correctness, you would see some mighty extremes Christians coming out of the south.

    • Neiman

      I get so sick and tired of telling you liberals this, but it appears that like little children in school only lessons by repetition will ever get through to you.

      In Islam there are numerous passages that demand acts of violence against non-believers by ALL Muslims and in the history of Islam there is an unbroken record of extreme violence from the child molester Mohamed, cursed be his evil name, until this very day, so violence and Islam are intimately connected. In Christianity there are no words and nothing in the Nature of Christ that provides even the slightest warrant for violence of any kind. Thus, Muslims committing acts of violence are good Muslims, but anyone committing acts of violence in Jesus Name are not Christians at all.

      These two are not opposites sides of the same coin. You are trying in ignorance to connect the violence of Muslims to the violence by people falsely using Jesus Name and they cannot be connected at all. True Islam is a religion of violence, true Christianity is non-violent.

    • http://sayanythingblog.com/ welder4

      so you say ? I say different and you sir are not an expert on the south , To compare Christians and Muslims is an insult to the Christians. The southern people are not extreme they just practice their peaceful religion unlike Islam that beheads people if they don't join them . I will pray for you so that you may escape the eternal damnation that you are facing right now , just remember one thing , we are here but for a scant portion of time so you had better be right . Jesus was hung on a cross and tortured and his sides poured forth the blood that forgave all the sins of the world but there is only one thing you must do to take part in this and that is to accept Jesus as your savior and Lord . He also said the plan of salvation is so simple that a man though being a wayfaring man and a fool could understand it. If you want to give up eternity for a few years of so called pleasure and disbelief then so be it . I leave you with that it is your decision not mine nor any one , just you, it is between you and your maker .

  • 2Hotel9

    Its OK, Rob, Fred is getting the living sh*t sued out of him and his cult, and they are losing money even without a ruling.

  • mikemc1970

    Doesn't Phelps have some political connection with Algore? Yep those Democrats sure are tolerant.

  • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

    Why did Raygun send his minions to arm Saddam?
    Why did your pal bush use our military to liberate the Iraqi Muslims?

    Were they just palling around with terrorists or were they secret Muslim terrorists themselves?

    • Neiman

      MORON -
      1. I said NOTHING about any man at all!
      2. Who someone hired or did not hire has NOTHING to do with what I wrote.
      3. No matter what you write, it has NOTHING to do with reality!

      Until you answer my questions when asked, I will never again answer any of your childish questions!

      • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

        Yes Old Pal yes we know about your dark letters and special lines, but why did you support the bush liberation of millions and millions of people you called non moderates?

        Did bush hate America and use our troops to free them so they could wage war against us?

        You supported bush, do you hate America too?

        • liberal_larry10

          It sure would be nice if these conservatives, who act like children, could answer questions about Bush's support of this Muslim man you keep mentioning, Rbb.

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            It really is amazing just how stupid these people are.
            Ideology first, country last.

        • Neiman

          MORON –
          1. I said NOTHING about any man at all!
          2. Who someone hired or did not hire has NOTHING to do with what I wrote.
          3. No matter what you write, it has NOTHING to do with reality!

          Until you answer my questions when asked, I will never again answer any of your childish questions!

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            Don't worry Old Pal.
            We know that your kind has, let's call them…issues, with answering questions that challenge the core of your misbeliefs.

            Do you like ice cream?

          • Neiman

            MORON -
            1. I said NOTHING about any man at all!
            2. Who someone hired or did not hire has NOTHING to do with what I wrote.
            3. No matter what you write, it has NOTHING to do with reality!

            Until you answer my questions when asked, I will never again answer any of your childish questions!

  • liberal_larry10

    In Christianity there are no words and nothing in the Nature of Christ that provides even the slightest warrant for violence of any kind.

    "If a man lies with a male as with a women, both of them shall be put to death for their abominable deed; they have forfeited their lives." (Leviticus 20:13 NAB)

    Anyone arrogant enough to reject the verdict of the judge or of the priest who represents the LORD your God must be put to death. Such evil must be purged from Israel. (Deuteronomy 17:12 NLT)

    You should not let a sorceress live. (Exodus 22:17 NAB)

    A man or a woman who acts as a medium or fortuneteller shall be put to death by stoning; they have no one but themselves to blame for their death. (Leviticus 20:27 NAB)

    Whoever strikes his father or mother shall be put to death. (Exodus 21:15 NAB)

    • Neiman

      That is the Old Testament for the dispensation of the Jews, only the New Testament is the governing authority for Christians. Of all people, I did not suspect you were so grossly ignorant of Christianity that you cannot separate the Old Testament from the New Testament, separating Law & Works from Grace.

      Sorry, you do most seriously err! Now if you find any such commands in the New Testament or actions in the life of Christ then you would have a point, but you cannot so you don't.

      • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

        Once again Old Pal, you're proving yourself to be a non Christian. Maybe even a secret Muslim.

        When Jesus was asked "Good Master, what good thing shall I do, that I may have eternal life?", where was the text of his answer to be found?

        And just a quick follow up question, why did you support the liberation of Muslim terrorists under the previous administration?

      • liberal_larry10

        ..The Old Testament lays the foundation for, and was meant to prepare the Israelites for, the coming of the Messiah who would sacrifice Himself for the sins of the whole world (1 John 2:2). The New Testament shares the life of Jesus Christ and then looks back on what He did and how we are to respond to His gift of eternal life and live our lives in gratitude for all He has done for us (Romans 12). Both testaments reveal the same holy, merciful, and righteous God who must condemn sin but who desires to bring to Himself a fallen human race of sinners through the forgiveness only possible through Christ's atoning sacrifice. In both testaments, God reveals Himself to us and how we are to come to Him through Jesus Christ. In both testaments, we find all we need for eternal life and godly living (2 Timothy 3:15-17).

        http://www.gotquestions.org/difference-old-new-te…

        • Neiman

          Tell me then, where in the New Testament does it say that we are to obey the Laws and Commandments of the Old Testament that you offered above to obtain or maintain our Salvation?

          Doesn't the Lord through Paul say it is all from beginning to end by grace and not of any works of the flesh, including obedience to the Law of Moses?

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            Matthew 19:16-23

            I know you and your Jesus don't like it, but the real Jesus did.

            (sp corrected)

          • Neiman

            Who was Jesus talking to moron? A Jew or a Christian?

            Was HE talking about the moral laws or murdering your fellow man?

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            You are exposing your non Christianism again.
            What does it matter who He was speaking to?
            Is His message not for everyone?

            Get behind me Satan!

          • Neiman

            Let's clear this up about who you serve.

            Do you confess that Jesus Christ is Almighty God the Son come in the flesh, that he paid for all our sins on Calvary's cross, that He rose again for our Salvation, that this is by grace not of works to all that truthfully repent of their sins and confess Him as their only Savior and only Lord?

            [ ] Yes [ ] No

            Do you confess Him as your only Savior and your only Lord now and forever?

            [ ] Yes [ ] No

            If yes to both questions, sincerely, from the heart then you are saved, if you refuse then you are an enemy of Christ; and if you do not change your mind before you leave this physical world, you will be tormented forever. If you refuse, you are confessing Satan as your father! If you refuse Christ, you cannot tell Satan to get behind you, because you are one of his children.

            Put up or shut up!

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            These are private matters Old Pal.
            Matthew 6:1-8

            But do go on.

          • Neiman

            No, you are wrong as usual:

            Jesus wants us to confess Him before men. In Matthew 10:32-33 he says, "Therefore whoever confesses Me before men, him I will also confess before My Father who is in heaven. But whoever denies Me before men, him I will also deny before my Father who is in heaven." If we deny Christ we are going to be lost. We must not be ashamed to confess to other people that we believe that Jesus Christ is the Son of God. Jesus says in Mark 8:38, "For whoever is ashamed of Me and My words in this adulterous and sinful generation, of him the Son of Man also will be ashamed when he comes in the glory of His Father with the holy angels." If He is ashamed of us, that means that we are going to be lost.

            There are several examples of people confessing their faith in Christ in the Bible. One is found in Matthew 16:16-17, "Simon Peter answered and said, You are the Christ, the Son of the living God. Jesus answered and said to him, Blessed are you, Simon Barjona, for flesh and blood has not revealed this to you, but My Father who is in heaven." Christ was well pleased with Peter's confession and He will be with ours also.

            In Acts 8:36-37 a man asked the question, "See here is water. What hinders me from being baptized?" Then in verse 37, "Then Philip said, "If you believe with all your heart you may. And he answered and said, I believe that Jesus Christ is the Son of God." Here we see that we must believe with all our heart that Jesus Christ is the Son of God and not be ashamed to make that confession to others before we are baptized. Would you be willing to confess to others that you believe that Jesus is the Christ the Son of the living God?

            Matthew 6:1-8 is about praying, fasting or doing other superficial acts of righteousness for self satisfaction, not about confessing Christ.

            ================================

            Do you confess that Jesus Christ is Almighty God the Son come in the flesh, that he paid for all our sins on Calvary's cross, that He rose again for our Salvation, that this is by grace not of works to all that truthfully repent of their sins and confess Him as their only Savior and only Lord?

            [ ] Yes [ ] No

            Do you confess Him as your only Savior and your only Lord now and forever?

            [ ] Yes [ ] No

            If yes to both questions, sincerely, from the heart then you are saved, if you refuse then you are an enemy of Christ; and if you do not change your mind before you leave this physical world, you will be tormented forever. If you refuse, you are confessing Satan as your father! If you refuse Christ, you cannot tell Satan to get behind you, because you are one of his children.

            By refusing to confess Him here and now, you are refusing Him and He says He will refuse you!

          • Neiman

            You need this and you need it now. Don't lie to the Holy Spirit, it is the unforgivable sin!

            http://video.google.com/videoplay?docid=-63717917…

          • http://enigma-cypher.blogspot.com/ Enigma_Cypher

            "These are private matters Old Pal."

            A stale excuse.

          • http://enigma-cypher.blogspot.com/ Enigma_Cypher

            I answer "yes" to both questions.

  • I H8 GOPers

    It seems that you right-wing extremists have started to openly hate the constitution more than you hate having an African-American President. Maybe you Cons should start putting the word "constitution" into all of your cute little "anti-Obama" phrases.

    "The constitution is an idiot"
    'The constitution is Muslim"
    "The constitution is un-American"
    "The constitution wants to ruin the country"
    "Impeach the constitution"
    "The constitution is uppity"
    "The constitution is elitist"
    "The constitution doesn't care what we want"

    Do you hypocrites remember last week when you were claiming that the constitution was not a living document? F'n morons.

    • http://enigma-cypher.blogspot.com/ Enigma_Cypher

      And when has anyone of us "right-wing extremists" ever claimed to "hate" the Constitution?

      <img src="http://papundits.files.wordpress.com/2009/04/right-wingextremists1.jpg%20/"&gt;

      • di_da_is_alpha

        Go easy on this one, it has severe brain damage. It thinks that it's Bill Murray's character in "Caddyshack" See how it misspells "gophers" in it's handle?

  • Neiman

    So, please let everyone here @ SAB know that rbb is ashamed to confess Christ before other people, which means he is once again, by his own admission NOT a Christian and according to Scripture he is an enemy of Christ.

    That does not give me any pleasure, except to silence him in pretending to know Christ or Christianity. I hope he wakes up and finds salvation in Christ before it is too late.

    • Proof_Positive

      It seems that in conversing or attempting to converse with rbb, you may just be casting your pearls before swine…

    • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

      Old Pal, your God complex is overpowering you.
      Seek help.

      • Neiman

        If I had a complex, although I reject that term as applying to me, it would be a sinner complex, a knowledge that except for the grace of God I would be at least as great and probably a much greater sinner than you.

        You have been "outed," so to speak, that you are not in any manner a Christian or acquainted with God. That is your freewill choice; but, it was necessary to demonstrate that when you pretend to say what or what is not acceptable Christian behavior, you are absent the necessary spiritual credentials to make those judgments.

        You are free to reject Christ and attack Christians, just please be aware that you have been exposed as an enemy of Christ.

    • http://enigma-cypher.blogspot.com/ Enigma_Cypher

      "For such are false apostles, deceitful workers, transforming themselves into the apostles of Christ. And no marvel; for Satan himself is transformed into an angel of light. Therefore it is no great thing if his ministers also be transformed as the ministers of righteousness; whose end shall be according to their works."
      - II Corinthians 11: 13-15 (KJV)

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