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You Can Thank Anti-Gay Protests For First Amendment Infringement

Military casket

Looks like Washington is dead set on classifying a protest a military funeral as a crime. The bill, which just was approved by the Senate and passed through the House in similar form, bars demonstrations within 300 feet of a cemetery entrance and within 150 feet of a road into the cemetery. The rules go into effect one hour before the funeral and continue one hour afterward, with violators facing possible punishment of a year in prison and a $100,000 fine.

So why should Queerty readers care? Because of the catalyst for the bill: a Kansas church group that targeted military funerals around the country, claiming the uniformed deaths were retaliation from God for America’s tolerance of gay men and women. Oh, and then there’s the obvious infringement on your First Amendment rights.

On one hand, we’ve got a measure to keep zealots from placing blame on the gay community and needlessly disrupting a time of mourning for a fallen soldier’s family. On the other hand, limiting anyone’s right to free speech for any reason is grounds for concern. This situation isn’t a matter of national security — it’s a means to guarantee a family’s peaceful saying goodbye. But is that a privilege, or a right we should instate by law? And where is the line drawn for keeping protestors away for any reason?

Senate Passes Measure Limiting Funeral Protests [AP]

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By:           editor editor
On:           May 26, 2006
Tagged: , , ,
3 Comments

No. 1 · Dcimbalj

The government restricts speech all the time… from outside court houses, govt buildings, some hospitals and even certain perameters of abortion clinics. These are called time, place, and manner restictions. They are very common. It says you have a right to free speech, “but not here and not now”. They can go and protest anywhere else they want to…so there really isn’t an abridgement of their right to speech. Let those who need to mourn, mourn in peace. Thats only my opinion…

Posted: May 26, 2006 at 10:32 am · @ReplyReply to this comment · [Flag?]
No. 2 · Hephaestion

Congress didn’t give a damn about Fred Phelps disrupting the funerals of gay people or AIDS victims.

They only give a damn about the damn military. When Phelps began disrupting MILITARY funerals suddenly they were concerned. Concerned enough to alter the Constitution.

If we don’t rid ourselves of this homophobic Republican congress this coming fall, we are all doomed. It will only get worse.

Posted: May 26, 2006 at 11:28 am · @ReplyReply to this comment · [Flag?]
No. 3 · djdavi

Time and place is right, there should be a law sayung that protesting is not acceptable at any funeral. Even if it was Hitler’s funeral. Protest sure and sing happy chants…but don’t tread on someone else’s mourning just because you’re happy. The Phelps klan (with a k on purpose) are just a bunch of spot light lovers. Media shouldn’t give them any coverage, it just adds to their fire.

Posted: May 27, 2006 at 9:23 am · @ReplyReply to this comment · [Flag?]

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