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funeral–picketing bill goes to Kansas governor

Military
funeral–picketing bill goes to Kansas governor

Military_funeral

Antigay pastor Fred Phelps apparently doesn't enjoy a home-state advantage in his desire to use the picketing of military funerals as a way of condemning homosexuality--Kansas is about to pass a law restricting what many consider an abuse of freedom of speech.

A church that protests military funerals across the United States, claiming the deaths are God's punishment for a country that harbors gays, is facing possible restrictions in its home state of Kansas.

A state bill that keeps protesters at least 150 feet from a funeral was sent to Gov. Kathleen Sebelius on Thursday. She is expected to sign it. ''Kansas families will finally have some modicum of privacy as they bury their dead,'' said senate majority leader Derek Schmidt.

The small fundamentalist congregation pickets burials of U.S. soldiers killed in combat and says the protests are a form of religious expression protected by the U.S. Constitution. In response at least 32 states have enacted laws restricting funeral protests, according to the National Conference of State Legislatures.

In an unusual move, the Kansas bill also allows family members to sue if they feel protesters defamed the deceased. That is an exception to the general rule of law that one cannot libel or slander the dead. However, the bill has the legal novelty of not taking effect until the Kansas supreme court or a federal court rules it is constitutional. Legislators added that provision to lessen concerns that the Reverend Fred Phelps and his followers would file a legal challenge, win, and collect attorneys' fees from the state.

Shirley Phelps-Roper, a daughter of the pastor and spokeswoman for his Westboro Baptist Church, predicted the law would have no practical effect on the church's activities. Phelps-Roper said the group has protested about 250 funerals in the past 21 months in 41 states, focusing their protests in high-visibility areas, often more than 150 feet away from the funeral site.

Violators of the proposed law would face up to a $1,000 fine and six months in jail. Last year, the house and senate deadlocked over a final version of the bill, and nothing passed.The bill also makes it unlawful to obstruct any public street or sidewalk. (AP)

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