S.D. governor signs bill restricting funeral protests

By The Associated Press
02.14.06 PIERRE, S.D. — A new law restricting protests during funerals was put on the books yesterday as South Dakota lawmakers sped the measure through both legislative chambers in a few hours to make sure it would protect families who will bury fallen soldiers in the next week.
The House State Affairs Committee voted unanimously late yesterday morning to approve a new version of the bill, which was rewritten over the weekend to try to make sure it complies with the constitutional guarantees of free speech and the right of assembly.
The House and Senate then passed the measure, and Gov. Mike Rounds signed it into law by mid-afternoon, completing in a few hours a process that normally would take several days. Most bills passed by the Legislature take effect on July 1, but the funeral-protest measure contains language that put it into effect as soon as the governor signed it.
SB156 was prompted by protests in recent months at funerals in Huron, Rapid City, and Yankton for servicemen who died in Iraq. The Rev. Fred Phelps' small fundamentalist church based in Topeka, Kan., has also picketed solders' burials in other states, arguing that American soldiers are dying because the nation harbors homosexuals.
The new law bans protests within 1,000 feet of a funeral, memorial service, burial, or other ceremony from one hour before the service until one hour after the service. Lawmakers said they speeded up the measure's passage to make sure it covers the funerals of two soldiers later in the week.
Meanwhile in Oklahoma yesterday, a bill to restrict funeral protests sailed to approval in the state Senate after one senator said it was un-American to picket at services for fallen soldiers.
State Rep. Mary Easley's bill now goes to the House for consideration. It is among five measures introduced in reaction to protests by Phelps' Westboro Baptist Church.
Easley's bill would make it a misdemeanor to protest within 500 feet of a funeral and prohibits demonstrations an hour before and an hour after services.
The vote was 46-0 for the legislation.
State Sen. Mike Mazzie, R-Bixby, said the group has shouted obscenities during the solemn occasions and he finds its activities "despicable, un-American and unconscionable."
Mazzie said Westboro protests, such as one staged in January near a church where services were held for 1st Sgt. Tobias C. Meister, are hurtful to family members.
Easley patterned her bill largely after a Kansas law and says she believes it will pass constitutional muster.
Although restricting Westboro's activities appears to have universal support among House and Senate members, some lawmakers have warned that sponsors need to make sure the bill does not infringe upon First Amendment rights.
As for the new South Dakota law, state Rep. Tom Hennies, R-Rapid City, says the measure does not violate the U.S. Constitution, but will protect mourning families from the protesters.
"So we have grieving families subjected not only to the loss of their loved ones, but to a bunch of bigots who come to funerals and cheer the deaths of these people," Hennies said. "I think we owe some protection to the families of these soldiers. These men and women have given their very lives so bigots could take advantage of the freedoms they've died for."
A number of states are considering similar measures because of protests by members of the Westboro Baptist Church, which has about 75 members, made up mostly of Phelps' extended family. The church is an independent congregation that preaches a literal reading of the Bible. Church members have held signs that read "God Hates Fags" and other messages during soldiers' funerals.
"I think it's absolutely despicable we have to deal with this issue, and I'm ready to explode," South Dakota House Speaker Matthew Michels, R-Yankton, said during yesterday's committee hearing.
Michels said he was proud of Yankton residents who mounted a counter-demonstration against picketers during a Feb. 12 memorial service for Sgt. Allen Kokesh Jr., 21, who died Feb. 7 after being injured in Iraq in December.
"We are free because these people have fought and died for us," Michels said. "Everybody's entitled to their opinion. Everybody's entitled to protest, but you are not entitled to cause grief upon grief" for family members who are mourning the loss of soldiers who died defending freedoms such as the right to protest.
The measure's main sponsor, state Sen. Tom Hansen, R-Huron, said he and other lawmakers worked over the weekend with officials from the attorney general's office and the governor's office to make the bill comply with the U.S. Constitution.

Apparently this state is full of disidents. There's an old saying "Keep your Confederate bills because one day the South will rise again." and it looks like the time is now, except this time South Dakota, not South Carolina, will lead the charge.

These people are out to do nothing but stir trouble and if they're so bored and feel the need to be careless morons, I've got no problems with stuff like this. It isn't hurting their civil liberties, it's requiring them to stop being *******s and upsetting already grieving families..

There is no reason whatsoever to protest at a funeral other than to cause trouble. It's only a matter of time before some family member shoots into a crowd of these idiots or beats one to death.

Good for SD for finally putting a stop to this crap.

You can't yell "fire" in a crowded theater, does that infringe upon your civil liberties?

I was disgusted by what those few radicals were doing.

Protesting at a funeral? Are they trying to look bad?

The same laws have been enacted recently in Illinois, Wisconsin and Indiana. So, SD is just following the others...

No, Boris, South Dakota was the first, followed by Wisconisin, Illinois and Indiana are amongst.... 11? other states considering a similar ban.

The fact that there is a need to put these sorts of laws in to place is truly saddening.

Good for South Dakota for finally putting a stop to this BS.
Wish there were many more states doing the same thing.

Actually, there be a lot of states that are considering emplacing restrictions on protesting the funerals of soldiers. I think the figure was in the 20's. Of course, the ACLU will challenge these laws so the courts will decide the final outcome.

My philosophy.

Physical abuse and mental abuse should be crimes that carry the same punishment.

Going along those lines, if Person A has a right to protest VIA shouting their discontent in the form of a rhyme at a funeral then Person B should be allowed to protest VIA cracking Person A's skull with a 2 X 4, baseball bat and/or a 9 iron.

But that's just me.