First Amendment
Appeals Court Allows Protests at Soldiers’ Funerals
Posted Nov 3, 2008 11:13 AM CST
By Molly McDonough
The St. Louis-based 8th U.S. Circuit Court of Appeals has sided with members of the Westboro Baptist Church, who regularly make headlines and anger grieving families by showing up and staging protests during funerals.
The court's ruling Friday (PDF) is a reaffirmation that the Kansas church can keep on picketing while a lower court determines whether Missouri's laws banning such protests are constitutional, the Kansas City Star reports.
Shirley Phelps-Roper, a lawyer and daughter of church founder Fred Phelps, is quoted as calling the ruling “awesome.” Phelps-Roper told the paper that her church has canceled planned funeral protests out of fears that protesters would face arrest.
“We can’t preach to anyone if we’re sitting in a jail cell,” Phelps-Roper is quoted saying. “We haven’t done those things where they said they would arrest us.”
Missouri plans to appeal.
Westboro church members have chosen to protest during funerals to draw attention to their belief that God is punishing America for tolerating homosexuality, abortion and divorce, the Star notes.
Earlier from ABAJournal.com:
"Judge Cuts $11M Award to $5M in Funeral Picketing Case"
"Court Enjoins Law That Barred Fringe Church’s Funeral Protests"
"Church on Trial for ‘Thank God For Dead Soldiers’ Funeral Protest"
"Picket Fencing: Laws Blunting Church’s Protests Worry First Amendment Experts"
- How B of A’s GC Got Fired: Leave Now, and Leave Your BlackBerry Behind
- Schools Ranked by 'Super Lawyers' Produced
- Law Firm Price Wars Break Out as Some Try ‘Loss Leader’ Bids for Work
- Five Questions for Law Firms Abandoning Lockstep Compensation
- Judge Jails 2 Attorneys for Contempt in 4 Days
- Reed Smith Will Ask Nonequity Partners to Pony Up Possibly 15% of Pay
- Court Deputy Ordered to Apologize or Face Jail After Taking Lawyer's Paperwork
- Skadden Jumps on the Bonus Bandwagon
- ABA Executive Director Resigns
- Nasty Attitude to Co-Worker, Naughty Word in E-Mail Cost 2 Their Jobs
Should Supreme Court Justices Be Able to Review News Accounts Before Publication?
Comments
Paul
Nov 3, 2008 12:40 PM CST
These demonstrations are, of course, the natural outcome of eight years of “holier-than-thou” right-wing religiosity. It is amazing that anyone could find support in the Bible for this activity, but then there are folks that think prayer in school is justified by the Bible—although Jesus said to pray alone in one’s closet.
Flag this comment
J.D.
Nov 3, 2008 1:11 PM CST
^ Wrong.
Phelps ran for governor of Kansas as a Democrat in 1990, 1994, and 1998.
Phelps received 31 percent of the vote in the Kansas 1992 Democratic Party primary for U.S. Senate.
Phelps is an active contributor to the Democratic Party.
Phelps was supporter of Al Gore for President in 1988.
Phelps’s son served as a delegate for Gore.
Sure doesn’t sound like “right-wing religiosity” to me. But your comment sure does sound like arrogant liberal ignorance.
Flag this comment
Paul
Nov 4, 2008 10:52 AM CST
Oh yes, the activities of this group are typical liberal activities, all right. Thank you for clearing that up. And here I was, laboring in arrogant ignorance under the misapprehension that it was liberals who tended to be more tolerant of homosexuals, minorities and the secular.
I just got this typical liberal screed in my email today:
“This election is NOT lost
This election is by no means lost. For God would not be stirring up His children all across this nation and indeed around the world, to pray, if He did not want to give us the victory in this election. And He wants us to join Him in the battle. God will hear the cries of His children if we will only cry out to Him with fervent, earnest prayers for this election and this nation. If those who are being drawn to prayer by the Spirit will indeed enter into a time of prayer and seeking His face, then God will have mercy on America and spare us from having an ungodly leader, I’m sure of it!
Dear Friends in Christ,
Are you sensing that there is something different about this presidential election? I was telling someone just recently that it seems like this election is far more serious than those in the recent past. In the past I have felt the need to pray for different elections but I have never felt so strongly the urge to pray, and pray fervently, for an election as I do for this one. I truly believe that if the wrong person is elected this nation will be changed forever. My concern is not based on politics; it is based on righteousness.”
[the rest of this screed is omitted because of limits on space]
Flag this comment
Add a Comment
We welcome your comments, but please adhere to our comment policy.
Commenting has expired on this post.