US Supreme Court rules for anti-gay church

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Gaybutton
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US Supreme Court rules for anti-gay church

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Supreme Court Rules for Anti-Gay Church over Military Funeral Protests

By Bill Mears, CNN Supreme Court Producer
March 2, 2011

Washington (CNN) -- A Kansas church known for its angry, anti-gay protests at funerals of U.S. troops won an appeal Wednesday at the Supreme Court in a case testing the competing constitutional rights of free speech and privacy.

In an 8-1 ruling, the justices said that members of Westboro Baptist Church had a right to promote what they call a broad-based message on public matters such as wars. The father of a fallen Marine had sued the small church, saying those protests amounted to targeted harassment and an intentional infliction of emotional distress.

"Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and -- as it did here -- inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker," Chief Justice John Roberts wrote for the majority.

At issue was a delicate test between the privacy rights of grieving families and the free speech rights of demonstrators, however disturbing and provocative their message. Several states have attempted to impose specific limits on when and where the church members can protest.

The church, led by pastor Fred Phelps, believes God is punishing the United States for "the sin of homosexuality" through events including soldiers' deaths. Members have traveled the country shouting at grieving families at funerals and displaying such signs as "Thank God for dead soldiers," "God blew up the troops" and "AIDS cures fags."

Full story: http://www.cnn.com/2011/US/03/02/scotus ... l?iref=NS1

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YardenUK

Re: US Supreme Court rules for anti-gay church

Post by YardenUK »

From a european perspective I do find this ruling hurtful (to say the least), to the families of dead military personnel.

The silver lining for me is surely Justice Samuel Alito the only dissenting voice on the Supreme Court, who wrote the First Amendment to the constitution does not grant the right intentionally to inflict emotional distress on private figures.

"Our profound national commitment to free and open debate is not a licence for the vicious verbal assault that occurred in this case....In order to have a society in which public issues can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims."

Interestingly, Justice Alito was nominated by President George W. Bush, so hardly a drippping wet "liberal" :D
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Re: US Supreme Court rules for anti-gay church

Post by Bob »

I happen to agree with Alito (which, frankly, makes me want to submit myself to therapy or something).

While I find this wacko reverend and his cronies rather disgusting, I'd never argue that he doesn't have the right to say anything he wants, no matter how vile or ignorant it might be. My only beef is where he's doing it (it's being done intentionally close to mourners at private funerals with the full intention that they see all the nasty signs, etc.). If there ever was such a thing as intentional infliction of mental distress, this is the prime example.

The courts in the past, for example, have upheld laws which prevent picketing and public protests in residential neighborhoods - for the obvious reason that such behavior there is disruptive to the privacy and quiet expected there (and the picketers and protestors have free reign in the public square or sidewalk in front of City Hall). I see even stronger reasons to regulate the "where" in the Reverend Wacko Phelps case. Nobody ought to be allowed to picket or protest private funerals at least in my opinion.
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Re: US Supreme Court rules for anti-gay church

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Fallen Marine's father says anti-gay pickets will draw gunfire

By the CNN Wire Staff
March 3, 2011

(CNN) -- A day after the U.S. Supreme Court affirmed Westboro Baptist Church's right to protest against homosexuality at military funerals, the fallen Marine's father, who unsuccessfully sued the controversial Kansas congregation, warned that the church's protests will eventually spark violence.

"Something is going to happen," Albert Snyder told CNN Thursday. "Somebody is going to get hurt."

"You have too many soldiers and Marines coming back with post-traumatic stress syndrome, and they (the Westboro protesters) are going to go to the wrong funeral and the guns are going to go off."

"And when it does," Snyder said. "I just hope it doesn't hit the mother that's burying her child or the little girl that's burying her father or mother. It's inevitable."

In an 8-1 decision, the high court ruled Wednesday that Westboro Baptist Church has a First Amendment right to picket military funerals, no matter how "hurtful" the message may be. The decision ended Snyder's five-year court fight on behalf of his late son, Matthew, a Marine lance corporal killed in Iraq, whose funeral was picketed by Westboro church members.

Albert Snyder again slammed the high court justices for not having "the common sense that God gave a goat."

http://www.cnn.com/2011/US/03/03/us.wes ... google_cnn
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