WASHINGTON (CNN) – A small Kansas church that has gained nationwide attention for protesting loudly at funerals of U.S. service members killed in overseas conflicts received a temporary victory from the Supreme Court over their free speech rights.
The justices Monday rejected an appeal from Missouri officials over their efforts to keep members of the Topeka-based Westboro Baptist Church from demonstrating at least 300 feet from memorial services and burials.
The church, led by pastor Fred Phelps, believes God is punishing the United States for "the sin of homosexuality," through events including soldiers' deaths. Members have traveled the country, shouting at grieving family members at funerals and displaying such signs as "Thank God for Dead Soldiers," "God Blew Up the Troops" and "AIDS Cures Fags."
A lower court had granted an injunction blocking enforcement of the law until it could be challenged.
Phelps, his daughter Shirley Phelps-Roper and other church members had protested near the August 2005 funeral of Army Spc. Edward Lee Myers in St. Joseph, Missouri. The married Army Airborne Ranger died while on patrol in Samarra, Iraq, when an improvised explosive device detonated near his Humvee military vehicle. He was 21, and in addition to his wife, Myers leaves behind a daughter. He was later buried at Leavenworth National Cemetery in Kansas.
In response to that protest, Missouri lawmakers passed the "Spc. Edward Lee Myers Law", criminalizing picketing "in front or about" a funeral location or procession.
Phelps-Roper then went to federal court to ask for a preliminary injunction to block enforcement of the statute until its constitutionality could be reviewed. A federal appeals court eventually agreed. That court did not address the broader First Amendment claims, but noted the law was overly intrusive, since it "restricts expressive activity not just within or on the premises of a cemetery of a church, but also on traditional public for a such as the adjacent public streets and sidewalks."
The Supreme Court has never addressed the specific issues of laws designed to protect the "sanctity and dignity of memorial and funeral services," as well as the privacy of family and friends of the deceased. But the high court has recognized the state's interest in protecting those from unwanted protests or communications while in their homes.
The justices were asked to address how far states can go to justify picket-free zones and the use of "floating buffers" to silence or restrict the speech or movements of demonstrators exercising their constitutional rights in a funeral setting. Various jurisdictions across the nation have responded to the protests with varying levels of control over the church protesters.
According to a legal brief it filed with the high court, church members believe it is their duty to protest and picket at certain events, including funerals, to promote their religious message: "That God's promise of love and heaven for those who obey him in this life is counterbalanced by God's wrath and hell for those who do not obey him."
The congregation is made up mostly of Phelps and his family. The pastor has 13 children, and at least 54 grandchildren and 7 great-grandchildren. He described himself as an "old-time" gospel preacher in a CNN interview in 2006, saying, "You can't preach the Bible without preaching the hatred of God."
Missouri officials said the appeals court improperly balanced the free speech rights of both sides in favor of the church.
"Mourners cannot avoid a message that targets funerals without forgoing their right to partake in funeral or burial services, so are appropriately viewed as a captive audience" that is simply unable to shut out the offensive message, said state attorneys.
The case is Nixon (Missouri governor) v. Phelps-Roper (08-1244). It will be argued sometime after October.
From CNN Politics
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There better watch out someone doesn't get Perezed Hiltoned at afuneral !!!
What is wrong with people? My gosh, these bible thumpers types are the same ones who support former President Bush who started the war in Iraq. Do they not see the irony here?
Is this where Sotomeyer will get to use her JUDGEMENT?? If so I hope she's there to keep these lunatics away from heroes. I'm a free speech advocate but there are just some venues that should be resticted.
way to be worst kind of Americans westboro baptist church. Every time I hear of these freaks I get sick to the stomach. I wonder how "pastor" fred phelps would feel if we protested one of his family members death, and stating it was god punishing him for whatever
looks like maybe certain folks need to hire Blakewater teams to help them morn...
This is pretty twisted...the public isn't allowed even a glimpse our fallen soldiers coming home in flag-draped caskets, meanwhile, these sick twisted religious fanatics are allowed to desecrate their memory and harass grieving friends and family. What's the world coming to...
Can't we beat on them just a little, pleeeeeeeeeeeeease? You know they want it, we could tell them God told us to do it.
The idea that God hates anyone is blasphemy. This is religious harassment, it's evil, wrong and immoral. It's just sickening that this sort of thing is protected under the guise of "free speech" Phelps and his sad, disgusting entourage have a web site, they have the right to protest on street corners, they have no right to intrude on the sorrow of families of heroes at such a tender moment. If it was anyone but these pretenders to Christianity protesting you better believe that the Court would have heard this in a heartbeat. Nauseating.
As far as I know the dead cant hear a thing and the living cant see Rome burning as they argue about who set the fire.Who was is that said"let the dead bury the dead"?
The Phelpses would be delighted to sue anyone who would beat the crap out of them. They do this for money, nothing else.
As much as I hate the message, I believe they do have a right to protest. The First Amendment applies to everyone, even those that preach hate.
Is it free speech if your intention is to disrupt a private family even such as a funeral? May well be, but it's a rather disgusting and disrespectful way to get your views across. The Phelps family and their church have the right to their individual views, though they hardly appear to be following the examples of Jesus Christ.
Even a bunch of wackos had the right to express themselves, but the deceased also had the right to have their burial respected, THEY EARNED IT, even if it was not necessary to earn (its basic sociability, respect to be respected).
But WHOM in this world is not hated by the Westboro Baptist Church? Besides themselves, whom has earned their respect?
Wait till they start protesting at funerals of members of this church and thier families, and their friends and neighbors. If it legal for them to do it then it's legal for everyone to do it. Maybe if there are enough outrageous protest then people will realise that by allowing them their freedon, you are impinging on the freedom of those who mourn the passing of their loved ones. Someone should organise a FSM protest outside their church and their funerals etc.
I realize that this group is to the extreme but it just goes to show how much hate these Conservative and Christian groups have towards anyone who doesn't believe just like them. It's a shame that they do not practice what they preach. It always seems that the standards and values they push on everyone aren't they ones they have to follow.
If Phelps and his "family" show up in Northern Michigan at a veteran funeral and pull their garbage out, there will more then likely be more funerals soon to come.
I am surprised the right-wing fundamentalists have not nominated him for office in recognition of his staunch advocacy of family values.
I wish the Westboro Baptist Church members, especially Shirley – all the worst in the after life. They are beyond evil.
These people are the sickest of the sick. Mental illness and incest are rampant amoung this group. I would gladly go to jail to break up one of their protests.
At first glance, this is a horrible ruling, but really it is just the process going through its paces.
The Phelps-Roper "family" sounds more like the Koresh family to me.
I waiting for some shell-shocked, grief stricken marines to finally lose it and gun down these pathetic excuses for human beings. Fred Phelps an his band of brainwashed gimps don't deserve to have rights of any kind..they deserved to be locked up in a mental home for some serious therapy.
Homophobia at it's most disgusting level ...
Hey Phelps ...
Pull your head out of your as-
Leave the families to morn their dead children in peace
And you call yourself a man of God
No real God, if there was such a thing, would put up with the likes of someone as hateful as you
If Bush and company could create 'free speech zones' for protesters whenever Bush spoke and place them 3 miles away from wherever it was Bush was at the time, then why can't mourners at a funeral have the same right? Why can't the protesters be kept OUT of the cemetery during a service?
What Phelps and his family/congregation (no distinction on those two adjectives) do is heartless and criminal. Maybe it's not against the law, but that doesn't mean what they're doing is right. I've listened to them speak on the radio a few times, and I just have to wonder how America could ever produce individuals like them. Where in our gene pool does DNA like that congregate and how can it be removed so more Phelps-like creatures aren't reproduced?
I'm pretty disgusted with the lawmakers in this country.
I don't ordinarily wish for human beings to spontaneously combust.
I'll make an exception for the WBC clan.
Perhaps God is punishing the US, not for homosexuality, but for the sin of killing innocent people for political and financial gains.
These protestors should be ashamed of themselves. I beleive in the right to free speach for everybody including all the stupid, bigots, and plain wacko's out there, put these people should let the families mourn in peace.
Also, I was not aware that God was into preaching any kind of hatred.
These are the people that give Christians a bad name.
It is interesting that a church would be doing this at funerals. It just goes to show that Satan comes in all forms. Westboro Baptist Church is a church of the Devil and anyone who doesn’t believe that need to take the bible out and read it. Satan comes in all forms and the best form is to pretend he is on the side of God.
To violate someone's funeral, to preach their own agenda, is hardly following God's message of "Love one another as I have loved you." It is hardly showing "Love thy neighbor as thyself." It doesn't follow the admonition to "Judge not, lest ye be judged."
It is quite interesting that a ceremony designed to send one off to meet one's maker would be the target of a supposed preacher of the Gospel of Jesus Christ.
It is pure hypocrisy to insult the family and the service member, who gave their life for their country, and their countrymen.
Just remember that what ye sow, so shall ye reap.
Doctors shot to death in churches, grieving families harassed at funerals. Where will we find peace?
Please don't judge all Kansans by the actions of Fred Phelps. This man is a disgusting human being. Whether or not people support the war, no family deserves to have his group picketing the funeral of a loved one who gave their life for our country! I live in Kansas and will never condone his behavior.
Thanks for nothing U.S. Supreme Court!
Just another pastor gone wild.
Looks like Sarah Palin's friend Fred Phelps has a temporary victory.
I have seen these people in action at a soldier's funeral in a small, rural Georgia community. They are beyond awful. The devil is alive and well and resides within these "religious" nuts.
They hold up salacious signs and scream slurs at sorrowful family and friends. Surely there must be a special place for the likes of these less than human beings.
For them to protest at the funeral of a soldier is hateful. That soldier gave his life following the orders of his superiors. I have no problem with this as it is a part of how we work as a team. Now if they want to take issue with how a soldier serves then they need to take it to the leaders. I also feel that protesting or being open in the delivery of offensive messages at the funeral of anyone, especially a fallen soldier could result in injury to protesters.
They've protested here. An absolutely disgusting, sickening and un-christian display on top of being unpatriotic.
Our fallen soldiers deserve the utmost respect and protesting, let alone the way these fanatics did made me sick to my stomach.
I suppose they have the right. That's really tasteless, though. Think of the poor soldier's family having to deal with that. Besides, I thought Neocons were the punishment for our collective sins. Have a nice day!
These people at Westboro Baptist disgust me. Around 100 psycotic people running their mouths about parts of the Bible that they don't even understand. And then to bring disgrace upon themselves at these funerals. Haven't they ever read in the Bible "Those that judge will be judged."? I believe they need to back off before some private citizens one day decide to take action into their own hands.
Do they actually ever hear a case? Seems like all I see in the news are rejections to hear cases from the Supreme Court.
Fred Phelps has the right to protest no matter how much we may disagree with him.
How many protesters will show-up at his funeral?
As a Christian, I just want to apologize to all those involved in this disgusting situation that have been hurt by Phelps and his followers. Their actions do not in any way resemble what Christ taught, and I'm ashamed that my faith has to be associated with hateful people like this. I really hope that the impact of these hate-mongers is as limited as possible.
its too bad how some people twist religion around. No religion advocates these people's views.
These people are vile and an insult to the very Christian myths they espouse.
Leo,
I did two tours in the theatre and will take great pleasure in rendering as many of these freaks unconsious as humanly possible.
I find it more likely that God would be punishing us for false prophets spreading hate and disrespect for fellow human beings than for homosexuality in the US only, nevermind the homosexuality in the rest of the world. But that's a lowly human's opinion on the matter.
God has never been a fan of those who pretend to be God and for those who claim to speak for God, especially when the message being spread is directly opposed to the message of Jesus.
I find it more likely that God would be punishing us for false prophets spreading hate and disrespect for fellow human beings than for homosexuality in the US only, nevermind the homosexuality in the rest of the world. But that's a lowly human's opinion on the matter.
God has never been a fan of those who pretend to be God and for those who claim to speak for God, especially when the message being spread is directly opposed to the message of Jesus. But thats just what the Bible tells me
Justice 0, Psycho Bible Beating GOP = 1
This is sooooo sad. It is obvious that these people are deranged as are the masters that control them.
Isn't it ironic, don't you think, that the religious extremists so tightly associated with the Republicans, are attacking the same brave Soldiers that have been sadly used as props by the same Repugicans?
Soldiers should NEVER be used by anyone for political or religious gain. Shame on you Republican party. Being a conservative is great but being a Republican is shameful.
More not-so-hilarious hijinx from the republican base. Maybe the GOP should start to re-think who their "base" truly is...
My (straight) family had a great time Sunday morning at the Seattle (Gay) Pride parade. It felt great to instill in my children a true American family value: tolerance.
These nuts protested in our town because we had an openly gay mayor. We countered their shouting by ringing the church bells and all business showed signs declaring that "Hate is not a Plattsburgh value," Believe me when those bells ring you can't hear anything within a mile. They got t'd off after a day of this and went to picket Canada because Canada had just passed a gay marriage law. Bottom line..Canada didn't want them either.
Does free speech mean you get to choose where you speak? If I try to protest at a church during the service, or in a library where others are studying; am I guaranteed that? I understand that even those that preach hate and murder are allowed to be offensive; but they should not be able to interfere with other people's rights, to have a dignified final ceremony for thier lost loved one.
The Westboro Baptist Church teaches and models an extreme aberrant form of Christianity that is outside even mainstream fundamentalism. The Founder of Christianity did not ever endorse such behavior. This church does not exist to care for souls but instead to smash them. WBC's mission statement through their actions is heretical at best and blasphemous in the worst way.
This "Church" is not a Church. It is a hate filled group of people who have taken the Bible way out of context. All you have to do is go the terrible website and read for yourself.
I think there may be a special place for the Phelps
I think that Mr Phelps should think about the many service men and women who have given the ultimate sacrafice and thank them for his right to free speach. He forgets that we are to walk uprightly among man and god that we are to square ourselveses up on the square of morality and to walk the level of equality which will prepair ourselves for that house not made by hands but eternal in heaven. He hasn't earn the right to judge
Shameful hate from the evangelical fringe. Ive seen these people on new shows before. What pigs.
God doesnt hate
Its the most direspectful and inhuman right wing fringe hate tactic I have ever seen.
ENjoy your 1st ammendment rights that the soldiers died to defend
"The HATRED of God"
Wow what a fabulous religion!
Fair ruling.
I detest the people that take this opportunity, the death of one of our children, to link it to such ridiculous claims. I guess God made Sanford have an affair as well, to punish us because of homosexuals. Thank goodness we can say "God made me sin" as an excuse to be a sleaze bag.
But at the end of the tunnel, is our constitution, and Freedom of Speech is undeniable. Now if they would take another look at Right to Privacy vs the Patriot Act, we might remain consistant with our constitution.
It is true the God I serve loves
everyone. He said Thou should not kill. As a christian one should be a PEASE MAKER. CHRISTIANS should not judge, spread Hate.
I believe in free speech, but I believe a TRUE christian does not say or believe what Fred Phelps is teaching his group.
He is hurting people who have lost loved ones and Americans who have been wounded in this unnecessary war.
May the God of Abraham, Jacob, and Issac change this mans hart.
IRonic that they protest at a solider's funeral, the same soldier who dies for their right to shout at the funeral.
Question is – why protest at the soldeir's funeral? WIth Don't Ask, Don't Tell, they're likely not gay.
Just goes to show you that sometimes we have too much time on hand. Epsecially my friends in the puplit.