Anti-gay church wins round in court
The Baltimore Sun reports: A federal appeals court ruled Thursday that a fundamentalist Kansas church's protest outside the funeral of a Westminster Marine killed in Iraq is protected speech and did not violate the privacy of the service member's family, reversing a lower court's $5 million award.
The ruling from the 4th U.S. Circuit Court of Appeals in Richmond, Va., held that the signs and writings of the Westboro Baptist Church, which included anti-gay and anti-military messages, are protected by the First Amendment. The Topeka-based congregation has protested at military funerals across the country
"Notwithstanding the distasteful and repugnant nature of the words being challenged in these proceedings, we are constrained to conclude that the defendants' signs and [what it has on its Web sites] are constitutionally protected," Circuit Court Judge Robert B. King wrote in the majority opinion.
Margie Jean Phelps, an attorney for Westboro and the daughter of the church's leader, said "it was an absolute shame to have a little church put on trial because of your religious beliefs."
"Everyone knows that we didn't disrupt a funeral," said Phelps, daughter of the Rev. Fred W. Phelps Sr. "Our speech, on our signs and our Web sites, is public speech. It's not on private matters. It's on public issues, so it's protected."
Sean E. Summers, an attorney for Albert Snyder, of York, Pa., the dead Marine's father, said he will appeal the decision to the U.S. Supreme Court.
The ruling from the 4th U.S. Circuit Court of Appeals in Richmond, Va., held that the signs and writings of the Westboro Baptist Church, which included anti-gay and anti-military messages, are protected by the First Amendment. The Topeka-based congregation has protested at military funerals across the country"Notwithstanding the distasteful and repugnant nature of the words being challenged in these proceedings, we are constrained to conclude that the defendants' signs and [what it has on its Web sites] are constitutionally protected," Circuit Court Judge Robert B. King wrote in the majority opinion.
Margie Jean Phelps, an attorney for Westboro and the daughter of the church's leader, said "it was an absolute shame to have a little church put on trial because of your religious beliefs."
"Everyone knows that we didn't disrupt a funeral," said Phelps, daughter of the Rev. Fred W. Phelps Sr. "Our speech, on our signs and our Web sites, is public speech. It's not on private matters. It's on public issues, so it's protected."
Sean E. Summers, an attorney for Albert Snyder, of York, Pa., the dead Marine's father, said he will appeal the decision to the U.S. Supreme Court.
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