Washington Week: Student Voices (O)

Ohio law restricts protests at funerals
By Trey-tyler Harte
The Lantern (Ohio State U.)
05/31/2006

(U-WIRE) COLUMBUS, Ohio — On Friday, May 25, Gov. Bob Taft signed into law the "Let Them Rest in Peace Act," also known as the anti-Phelps act. Fred Phelps, leader of the Westboro Baptist Church, gained national notoriety by demonstrating at the funerals for hate-crime victim Matthew Shepard and for President Clinton's mother, Virginia Kelley. Many Ohio State U. students, however, remember Phelps' numerous tirades staged on the Oval condemning and blaming everyone from gays to Jews.

The new law restricts demonstrations and protests within 300 feet of all funerals, extending one hour before and one hour after the service. In recent years, members of the Kansas-based church have chosen to stage demonstrations at the funerals of soldiers killed in Iraq to gain media attention and spread their anti-gay message. Members of the church claim that natural disasters such as hurricanes Katrina and Rita and Sept. 11 are "God's punishment" against America for being pro-gay.

At the group's most recent Columbus appearance in January, children from the church paced High Street holding anti-gay and anti-military picket signs, including one that said "Thank God for IEDs." The U.S. military credits half of the U.S. death toll to IEDs, or improvised explosive devices.

"As a former Honor Guard Commander overseeing military funerals and having flown fallen soldiers out of Iraq, I just cannot imagine that such a group would disrespect the families in this way," said Representative John Boccieri (D-New Middletown), who introduced the legislation, in a statement.

The Ohio law, designed to withstand challenges to similar laws in other states by the American Civil Liberties Union, counters the freedom of speech argument with the family's right to privacy, said Katie Jones, aide to Boccieri.

"There are certain instances where freedom of speech can be restricted. But, they are time, place and manner specific," Jones said.

The Supreme Court has previously ruled in favor of protected areas restricting speech as in the 100-foot "bubble" around abortion clinics that resulted from Hill v. Colorado in 2000.

"This is not quite uncharted territory and this law does not restrict content in anyway," Jones said. "The law is not as restrictive as other states, we are confident that it's a good balance."

Russell Goodwin, president of the Stonewall Democrats of Central Ohio and a veteran who testified before the House of Representatives said, "People need to realize that this is not an anti-freedom of speech law, it is about the privacy of a family to bury their dead."

The 100 members of the Westboro church, mostly related by blood or marriage, will not present a challenge to the individual Ohio law until all the states have similar legislation.

"We will obey the law, but we are not going to stop. We go were the soldiers are (to be) buried," Phelps-Roper said. "The weapon of choice for God is sending American children home dead. We are going to connect the dots for this nation, from A to B. Rebellious people with a filthy way of life lead to a dead child, A to B."

The church usually sends 10 to 15 members to funerals, but the numbers range from as few as six to more than 30. Their demonstrations, often met with counter-protests, never allow local, like-minded citizens to join with them.

"We serve God, those local people do not. They might agree that homosexuality is a sin, but they might be divorced," Phelps-Roper said.

When challenges to the state laws begin, Goodwin said he will be ready to testify before the Supreme Court.

"I am a 20-year military vet and I've been all over the world. Love is the single defining mission of all religions. These people (the Westboro Baptist Church) are just perverting the American justice system for publicity."

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