Funerals not for shouting slogans, judge says

Funerals not for shouting slogans, judge says
Request for injunction to allow protests to continue rejected
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Posted: January 31, 2007
1:00 a.m. Eastern

© 2007 WorldNetDaily.com

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.

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.

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.

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