Rest in Peace
Last week we received a phone call from Mrs. Debbie Lee, the mother of Navy Petty Officer, Second Class Marc Alan Lee who was killed in Iraq. This Christian family was preparing to bury their loved one when they received word that protests would take place at the funeral of their son. Mrs. Lee called our office asking us to help from a legal standpoint to make sure the funeral of her son took place with the respect and honor due him. I immediately assembled a senior legal team at the American Center for Law and Justice to prepare documents, including legal position papers, to various city and county officials. I want to say at the outset that these officials wanted to protect this funeral from disruption. We noted in our letter that "a fallen American hero will be honored and a grieving family comforted at a memorial service for Petty Officer, Second Class Marc Alan Lee." Lee grew up in the community where he was being buried and enlisted into the United States Navy in 2001. On August 2, 2006, 28-year-old Lee held off enemy insurgents in Ramadi, Iraq, and secured enough time for his team to rescue a wounded soldier on an exposed rooftop. For Lee, the battle lasted about two hours before enemy machine gun fire brought him down.
Lee's courageous acts took place during Iraq's biggest battle between U.S. Forces and insurgents in Ramadi. Tanks and Bradley fighting vehicles helped soldiers and Navy Seals cordon off sectors of the city. Soldiers then went building to building searching for insurgents in the area. Lee was the first Navy Seal to be killed in Iraq since the war began in 2003. He has quickly become recognized as an American hero. He has been rewarded the Bronze Star with Valor, the Purple Heart, the Silver Star, and Combat Action Ribbon for his bravery. In his native Oregon, the governor decreed August 10, 2006, as a day of mourning for Lee. The governor noted that "Petty Officer Lee's service and sacrifice for our country places us forever in his debt. The loss of this brave young leader is profound. Lee's valiant service to risk his own life in defense of freedom in Iraq is a testament to his character. Our thoughts and prayers are with his friends and family at this very difficult time."
The memorial service in Hood River, Oregon gave the family and friends an opportunity to honor Mark Lee's life and service. However, a group of protestors, represented by the American Civil Liberties Union (ACLU), announced its intent to disturb those in attendance at Marc's memorial service by protesting. These protests have disrupted military funerals around the country. While we fully support free speech, the law has long recognized that reasonable time, place and manner regulations of speech are constitutional, especially at events like a funeral. Simply put, this was not the time or place, nor the appropriate manner to protest the war. Petty Officer Lee's family should have been able to allow him to rest in peace and be given the honor and dignity that he was due. The pastor should not have had to talk over bullhorns and protestors carrying signs disparaging our country and devaluing the efforts of the brave men and women who are serving us. Time, place and manner restrictions are recognized by the courts for events such as this.
I am happy to report that Petty Officer Lee's funeral went off with dignity and respect. Hundreds of members of the community attended, and at least 70 motorcyclists from the Patriot National Guard, who attend many military funerals, roared into the parking lot, many with American flags affixed to their cycles, to help keep the dignity and solemnity of the event. They and their supporters protected this family and allowed Officer Lee to rest in peace.
One of the ironies of this has been that the same groups who are protesting the chaplains' right to use Jesus' name in a prayer for our military have no problem allowing a protest to take place at a military funeral. Let's let these officers rest in peace. I have instructed our senior staff to engage in a comprehensive analysis of the law of all 50 states in order to protect these brave men and women who have fallen defending freedom. Additional states are now considering laws to protect chaplains, and we are going to work with state legislators from around the country to protect these events. At every one of these funerals that are targeted for protest, we will dispatch ACLJ lawyers and have our legal memorandums prepared and sent to city and county officials who want to help these families. For a copy of our letter, please click here.