Congressional Quarterly - ACLJ Offers to Protect Military Funerals From Protesters

September 18, 2006
By Shawn Zeller, CQ Staff

Like most Christian conservatives, the leaders of the American Center for Law and Justice (ACLJ) adamantly oppose same-sex marriage. But even they think that Fred Phelps and his Westboro Baptist Church in Topeka are taking things too far.

Phelps and his Kansas parishioners, who have long been known for confrontational anti-gay protests, have been picketing at the funerals of soldiers killed in Iraq, brandishing signs that say that soldiers are dying because America has embraced homosexuality.

The ACLJ, which was founded by televangelist Pat Robertson in 1990, recognized that Phelps publicity wasnt exactly bolstering the anti-gay marriage cause. So this month, the Washington-based group announced that it would offer legal aid to any community that doesnt want Phelps followers on hand.

I dont think the scriptures, the history of the church, or church doctrine or belief, offer one iota of support for this type of activity, says Geoffrey Surtees, an associate counsel with the ACLJ.

Surtees got involved, he says, when Debbie Lee, the mother of petty officer second class Marc Lee, a Navy Seal who was killed in Iraq, wrote to the group asking for assistance in blocking a Phelps-planned protest of her sons funeral in Hood River, Ore. ACLJ wrote to the city attorney and spoke to the mayor to provide guidance on appropriate steps the city could take that wouldnt violate Phelps First Amendment rights. Ultimately, only a handful of Westboro Baptist members showed up at the Aug. 26 service. Meanwhile, the Patriot Guard Riders, a group of veterans and motorcycle enthusiasts who joined forces last year to counter Phelps, turned out in fuller force and drowned out much of the Westboro protest.

The First Amendment does not give a blank check for persons to protest whenever they want, wherever they want, says Surtees. Indeed, 26 states have laws on the books restricting funeral protests though Oregon is not one of them. In May President Bush signed a law sponsored by Republican Rep. Mike Rogers of Michigan and GOP Sen. James M. Inhofe of Oklahoma barring protests at funerals in federal cemeteries.

Still, Surtees says, its entirely appropriate for localities to limit protests they fear might be disruptive, or turn violent. So Surtees and his team are contacting every community where Phelps plans to demonstrate Westboro Baptist regularly posts its protest schedule on its Web site to offer support. Meanwhile, the group will continue on its other legal rounds including work on state efforts to ban gay marriage.