By Jennie

Forty-eight states, as well as the District of Columbia, have signed onto a brief by the Kansas attorney general in support of a lawsuit filed by the father of a Marine killed in Iraq. Virginia and Maine declined to sign the brief, submitted to the U.S. Supreme Court in support of Albert Snyder, who sued the Kansas-based Westboro Baptist Church for picketing outside his son’s 2006 funeral. The Westboro Baptist Church frequently protests outside high-profile funerals, seeking publicity for their view that the deaths of American soldiers, as well as various and sundry other ills afflicting our nation, are God’s punishment upon the country for its tolerance of homosexuality. Snyder had won his suit for defamation, invasion of privacy and intentional infliction of emotional distress against Westboro and its pastor, Fred Phelps, but the verdict was overturned by an appeals court which ruled that the actions of the group were protected speech.

The Westboro Baptist Church is an independent Baptist church headed by Fred Phelps and mostly comprised of members of his large family. The group first came to national prominence when it picketed the 1998 funeral of Matthew Shepherd; since then they have picketed the funerals of such diverse public figures as Coretta Scott King and Mr. Rogers. Their main criteria for a public protest appears to be how much media attention the protest will garner them. They first demonstrated at a fallen soldier’s funeral in 2005, and have since traveled the country to protest at many soldiers’ funerals.

While homosexuality appears to be by far the group’s greatest obsession, they also display strong anti-Semitic and anti-Catholic prejudices (really, any other religion or Protestant denomination whose teachings differ from theirs is strongly condemned). Their literature has also at times betrayed racist views, portraying black people as gorillas and Italians as criminals.

Several states have passed laws limiting the rights of protesters appearing at funerals, and in 2006 George Bush signed a law prohibiting picketers from demonstrating within 300 feet of the entrance of a national cemetary within a hour of the beginning or end of a funeral. The Supreme Court’s anticipated ruling on the appeals court’s decision may open the door to more legislation.

While the actions and views of Westboro Baptist Church are hateful and offensive to the great majority of Americans, court rulings and legislation that could potentially erode the freedoms offered by the First Amendment should be viewed with concern and caution. Do you believe picketing at funerals constitutes protected speech? Let us know your thoughts.

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