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Law won't stop funeral protests
Act appears to have addressed fears over First Amendment

A bill signed into law Friday by Gov. Owens is not expected to stop members of a controversial Kansas church from picketing military funerals with signs that say "Thank God for Dead Soldiers" and "God Hates Fags."

But the Right to Rest in Peace Act appears to have adequately addressed First Amendment concerns that have dogged similar legislative efforts in more than 20 other states.

Lawmakers across the country, including in Congress, have proposed bills over the last six months to stop relatives and supporters of preacher Fred Phelps, of Topeka-based Westboro Baptist Church, from conducting protests at the funerals of soldiers and Marines who died in Iraq and Afghanistan. Several states already have passed these laws.

The anti-gay message of the Phelps group has caused widespread fury, including a physical attack against church members May 21 by counterprotesters in Delaware outside a funeral for a fallen Marine.

A national group of motorcyclists formed the Patriot Guard Riders as a result of the Phelps protests, often holding flags outside the funerals to shield mourners from the pickets and show support for the troops.

The Phelps group claims that the country's acceptance of homosexuality has caused the deaths of soldiers and Marines overseas.

But the new bills are highly vulnerable to legal challenges based on First Amendment free-speech protections. The ACLU already has filed suit against a new Kentucky law.

The Colorado measure, sponsored by Rep. Michael Merrifield, D-Colorado Springs, will:

• Toughen penalties for protesters at funerals who are deemed to be committing crimes such as disorderly conduct, obstructing highways or other passageways, disrupting lawful assemblies or unlawful conduct on public property.

• Create a new offense, called interference with a funeral, which allows police to prosecute someone who is on private property within 100 feet of a funeral and refuses to leave upon the request of the property owner, police or a public official.

• Allow mourners to sue for at least $1,000, plus attorney fees, anyone who pickets within 100 feet of the funeral or within 150 feet of the site with an amplified device.

The ACLU of Colorado said it does not expect to challenge the local law, said Executive Director Cathryn Hazouri.

"The ACLU is pleased that the legislature tried to strike a balance," Hazouri said. "I don't think the law at this point can be challenged on its face. I think it would be a situation of how it's applied."

"It would be almost impossible to protect the mourners and comply with the Constitution of the United States," she said. "This bill does probably the best job of letting protesters at funerals know that the state of Colorado thinks their actions are despicable but still recognizes that the constitutional rights must be respected."

Shirley Phelps-Roper, daughter of Fred Phelps, said her family plans to challenge new laws in court, although they have not decided which laws to target. She said the Colorado law will not stop her group from returning to protest at military funerals.

"We'll be back in Colorado," she said. The law "impacts nothing."

Merrifield said his measure provides numerous opportunities for police to remove the protesters like the Phelps clan.

"Is it perfect? No. Is it better than what we have? Absolutely," Merrifield said. "That's democracy. It's always kind of messy."

Jason Wallin, of Windsor, deputy executive director of the Patriot Guard, said the Phelps group used to attend about one in five military funerals. Now they're showing up at one in 10 or one in 15 funerals, he said.