Governor Brad Henry signs funeral protest bill into law

Thursday, March 2nd 2006, 3:06 pm

By: News On 6

OKLAHOMA CITY (AP) -- Gov. Brad Henry signed a bill into law Friday that restricts when and where people can protest at funerals, setting the stage for a possible clash between law enforcement and members of a Kansas church who have picketed the funerals of Oklahoma soldiers.

The measure, which was given final approval by the state House on Thursday, went into effect immediately and will be in force when the family of Army Spc. Joshua Pearce, killed in Iraq on Sunday, gathers on Tuesday for funeral services in the Oklahoma Panhandle city of Guymon.

House members hurriedly approved the Senate-passed funeral protest bill and sent it to Henry for his signature to challenge members of the Westboro Baptist Church of Topeka, Kan., who may picket at Pearce's funeral, lawmakers said.

"This measure protects the dignity and privacy of Oklahoma families and ensures that they can peacefully lay their loved ones to rest," Henry said after affixing his signature to the measure.

The Rev. Fred Phelps, pastor of Westboro, said church members may be in Oklahoma for Pearce's funeral.

"The chances are good that they will, especially since they passed that law," Phelps said. "This would be a good opportunity to test it."

He said the church plans to picket soldiers' funerals in Indiana and Michigan on Monday.

Pearce was killed when his Army vehicle struck an explosive device near Baghdad.

Anti-gay protests have been conducted at military funerals in Oklahoma and other states by members of Phelps' church, who chant and carry "God Hates Fags" placards thanking God for improvised explosive devices, a major killer of soldiers in Iraq.

Church members claim soldiers are being struck down by God for fighting for a country that harbors homosexuals.

The protests have angered the families of fallen soldiers as well as veterans groups, who say they defile the memory of soldiers who sacrifice their lives for their country.

Oklahoma is among at least 17 states that have considered legislation this year restricting protest activities around funerals. Although Phelps and his followers are not singled out in the bill, it was prompted by their protests at soldiers' funerals in the state.

Missouri enacted a law banning funeral protests last week that may be challenged by the Westboro group on Saturday at the funeral of Army Pfc. Christopher L. Marion, killed last week by a roadside bomb in Iraq, in Anderson, Mo., south of Joplin in the southwest corner of Missouri.

The Oklahoma measure, by Sen. Mary Easley, D-Tulsa, and Rep. Wade Rousselot, D-Wagoner, prohibits protests within 500 feet of a cemetery, church or mortuary from one hour before a funeral until one our after a funeral. Violations would be a misdemeanor punishable by a fine of up to $500, a 30-day jail sentence or both.

In addition, a district court could award damages, including punitive damages, against those convicted of protesting at a funeral.

"These Oklahomans paid the ultimate price for our freedom," Henry said. "Our words can offer only so much solace to grieving families, but our actions today can protect these families from disruptive and disrespectful demonstrations."

Phelps characterized the new law as "a bit of cheap demagoguery" and suggested the church will challenge it in court.

"It's unconstitutional and their own constitutional authorities have told them so," Phelps said. He said it is illegal to restrict First Amendment free speech rights.

"I'm telling you that this is finger lickin' good," Phelps said, adding that the church won $170,000 in legal fees when it challenged a Kansas funeral protest law that was found unconstitutional 10 years ago.

"This is blatantly unconstitutional. You can't target a church," Phelps said.