Kansas tosses out law banning funeral protests

[Mule]

Otherwise known as the Westboro Baptist Church law:

FOXNews.com - Kansas Supreme Court Strikes Down Funeral Picketing Law - Local News | News Articles | National News | US News

TOPEKA, Kan. — The Kansas Supreme Court effectively ended a law banning picketing at funerals, ruling Tuesday that it was unconstitutional for legislators to require a court to uphold the law before it could be enforced.

That "judicial trigger" was intended to prevent the Westboro Baptist Church from collecting damages from the state after a successful appeal of the law.

The law was passed in response to the sect's picketing of military funerals; the Rev. Fred Phelps and his followers claim U.S. combat deaths are God's punishment for the nation's tolerance of homosexuality.

Ruling on a law before it can be enforced usurps power from the Legislature, Justice Marla J. Luckert wrote in the unanimous ruling.

"Courts do not have jurisdiction over purely hypothetical questions associated with nonexistent issues," she wrote.

The court did not address the merits of the 2007 law, which bars protesters from being within 150 feet of a funeral one hour before, during or two hours after a service ends. It also makes it unlawful to obstruct any public street or sidewalk.

The law also allows families to sue if they feel protesters defamed the dead. That single provision survives after the court's ruling.

The federal government and at least 37 states have enacted such laws in response to Phelps and his church.

Within hours of the ruling, state Rep. Raj Goyle urged a House panel to pass a bill that's the 2007 law without the court trigger; he also added language allowing people to sue for emotional distress. A hearing is planned next week.

"The court's ruling was strictly about a legal technicality, not the restrictions on protesters which we believe are constitutional," said the Wichita Democrat.

Shirley Phelps-Roper, daughter of Fred Phelps and attorney for his Westboro Baptist Church, said the Kansas high court's ruling was "surprising, but it's lovely."

"They didn't need to invite the Legislature to take another run at what is a lost cause," Phelps-Roper said. "Nothing they put their hands on impacts us, so why keep messing with it?"

Gov. Kathleen Sebelius urged legislators to respond quickly, noting the bill last year had broad support and "protecting the privacy of grieving Kansas families, as they mourn the loss of a loved one, remains a high priority."

"I'm appalled with those who choose to add grief to the families of our brave soldiers and other fallen Kansans. I look forward to signing a constitutionally sound measure as soon as the Legislature gets it to me," she said.

Phelps and his church, long known for a public campaign against homosexuality, began picketing soldiers' funerals in June 2005 and have protested at some 330 funerals in 47 states.

I love how the law doesn't "impact" them. I'll bet it "impacts" them the first time they go to sue a funeral attendant who finally snaps and smokes a few of these idiots.

[Big Denny]

Yeah, perhaps part of it was ruled unconstitutional but it seems that the actual banning of funeral protests is still constitutional under the first amendment.

Time, place and manner restrictions and generally upheld because they do not ban content, which is really the essense of the first amendment.

Anyway, these people are the scum of the Earth.

[FrankStylV7]

this *******'s followers actually picket the comic book shop that I go to.

[Green Must Go]

This is a gross abuse of freedom of speech.

[firststringer]

Do gays, atheists, military families and whomever else picket this Fred Phelps and his Westboro Baptist Church whenever they are having services?

Seems like someone ought to...

[Mule]

Originally Posted by firststringer

Do gays, atheists, military families and whomever else picket this Fred Phelps and his Westboro Baptist Church whenever they are having services?

Seems like someone ought to...

I think I read somewhere that the "Million Fag March" was descending upon their church, which would be cool as hell to go watch. Not that there's anything wrong with that.

edit: March 30th. We should be able to get an after action report from Frank when he gets back.

Pensito Review » Million Fag March Will Protest Westboro Baptist

[Led, the Revenge]

Am I mistaken in thinking there was once a bunch of bikers going around and "protecting" military funerals from this nut? Personally I think it would be great if they took it a step further and followed him around protesting and generally exercising their freedom of speech wherever he and his goons go.

[Mule]

That's the Patriot Guard Riders:

Patriot Guard Riders -->Home

[Green Must Go]

Originally Posted by Mule

I think I read somewhere that the "Million Fag March" was descending upon their church, which would be cool as hell to go watch. Not that there's anything wrong with that.

edit: March 30th. We should be able to get an after action report from Frank when he gets back.

Do they allow heteros? I'd like to join in on this deal.

[Green Must Go]

Originally Posted by Mule

That's the Patriot Guard Riders:

Patriot Guard Riders -->Home

1. Show our sincere respect for our fallen heroes, their families, and their communities.

2. Shield the mourning family and their friends from interruptions created by any protestor or group of protestors.

We accomplish the latter through strictly legal and non-violent means.

Darn - I'd like to see them whoop up on some of these protestors.....

[Led, the Revenge]

Originally Posted by Green Must Go

1. Show our sincere respect for our fallen heroes, their families, and their communities.

2. Shield the mourning family and their friends from interruptions created by any protestor or group of protestors.

We accomplish the latter through strictly legal and non-violent means.

Darn - I'd like to see them whoop up on some of these protestors.....

Do you honestly see the Pastor and his motley crew of idiots daring to even look funny at a bunch of hoary bikers who are not consumed with grief?

[FrankStylV7]

Originally Posted by Mule

I think I read somewhere that the "Million Fag March" was descending upon their church, which would be cool as hell to go watch. Not that there's anything wrong with that.

edit: March 30th. We should be able to get an after action report from Frank when he gets back.

Pensito Review » Million Fag March Will Protest Westboro Baptist

I'll bypass the insinuation from my troglodytic kemosabe and go right to the -

THIS'll be ****ing beautiful. The whole of downtown Topeka will be swarming with fruits, nuts and their sympathizers. I won't even be able to enjoy a frigging latte.

[Green Must Go]

Originally Posted by FrankStylV7

I'll bypass the insinuation from my troglodytic kemosabe and go right to the -

THIS'll be ****ing beautiful. The whole of downtown Topeka will be swarming with fruits, nuts and their sympathizers. I won't even be able to enjoy a frigging latte.

Will your bisexual girlfriends be attending?

[FrankStylV7]

Originally Posted by Green Must Go

Will your bisexual girlfriends be attending?

No.

Just their ugly girlfriends.

[Onda7]

Originally Posted by Green Must Go

1. Show our sincere respect for our fallen heroes, their families, and their communities.

2. Shield the mourning family and their friends from interruptions created by any protestor or group of protestors.

We accomplish the latter through strictly legal and non-violent means.

Darn - I'd like to see them whoop up on some of these protestors.....

Seriously. I tend to be non violent...but some people are just in need of a good ass whoopin'