Protestors at military funerals should keep their distance

By State Sen. Brent Steele (R-Bedford)

Defending the rights of more than 300 million United States citizens is one mission our military men and women undertake each day. They don’t fight for one viewpoint or another; they fight for freedom, valiantly defending it at home and abroad without question – even for those critical of our government’s mission or the forces trying to accomplish it.

But I can’t envision our founding fathers – many of whom had strong religious beliefs – condoning what happened to the families of Maj. Gerald Bloomfield or Marine Lance Cpl. Matthew Snyder in the name of free speech. Just as the founding fathers put checks and balances in place for our branches of government, there have to be reasonable limits as to what can be done through the First Amendment – and in each case I believe the Westboro Baptist Church (WBC) crossed the line.

Established in 1955, the Kansas City-based religious group makes headlines by protesting at the funerals of fallen soldiers. The group pickets military funerals because it believes God kills U.S. soldiers to punish the country for tolerating homosexuality. Their signs of hate attempt no personalization or singling out of any specific soldier’s sexual orientation. Their vulgar protests have a one-size-fits-all mentality.

Yet, the damage done is so very personal.

In the 2006, the WBC protested the funeral of Elkhart resident Maj. Gerald Bloomfield. The Marine was killed after his helicopter crashed while flying in support of security and stabilization operations in Iraq. During Bloomfield’s funeral, members of the WBC held their signs of hate and spewed their words of disrespect to the fallen Marine and his family.

Taking the lead to protect the sanctity of funerals and prevent similar protests, the Indiana General Assembly supported a bill I introduced in 2006 requiring protesters to stay 500 feet away from a funeral home, procession or grave site. Soon after its passage through both houses, Gov. Mitch Daniels signed the bill into law.

Recently, Indiana again took steps to shield grieving families from protesters at funerals by joining 47 other states and the District of Columbia in submitting a brief to the United States Supreme Court supporting a Maryland father’s lawsuit against the WBC. Albert Synder’s son, Marine Lance Cpl. Matthew Snyder, was killed in Iraq and his burial was picketed by members of the WBC.

At the center of the case is whether or not the church’s proclamation of anti-gay slurs and words of hatred at funerals are protected under the First Amendment. In the beginning, a Maryland court ruled in favor of the father, stating the church invaded the family’s privacy and caused emotional distress.

However, the U.S. Court of Appeals for the 4th Circuit in Richmond, Va. overturned the lower court’s verdict. In its opinion, the court stated the protesters’ speech, while “utterly distasteful,” is protected under the First Amendment because it is a form of hyperbole or exaggeration, not an assertion of actual facts about the soldier or his family.

While free speech is a protected right, there are private times in our lives where family is present and outsiders just aren’t invited to share their opinions. One of those times is the birth of a child; another is the burial of a loved one.

Would these protesters be “free” to stand at the foot of my wife’s delivery table and hold up signs saying they hope my baby dies at birth? No, they wouldn’t. Therefore, what is the difference when I put my dear son in the ground and lay my head on his casket for the last final touch before dirt is placed over his body to seal him away from me forever? They have no right there, either.

If Thomas Jefferson, himself, could have attended the funerals of Maj. Bloomfield and Lance Cpl. Snyder, I believe he would have been saddened – perhaps even outraged – at the protestors. Clearly, that’s not what he and the founding fathers intended with The First Amendment. It just doesn’t go that far – not to the birthing table and not to the grave.