State's high court hears arguments on funeral picketing law
1:14 p.m. Thursday, December 6, 2007
The Kansas Supreme Court was asked Thursday to strike down a section of the state's funeral picketing law that prevents it from being enforced.
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Learn more about the case and Kansas' funeral picketing law.
This morning the court heard arguments against a "trigger" in the law that attorney general Paul Morrison wants declared unconstitutional and to allow the rest of the law to stand. That way, the law could be enforced.
Morrison's solicitor general Stephen McAllister said the trigger is unconstitutional because it's asking the court to advise on the law when it really isn't in effect.
McAllister said legislators added the trigger because they didn't want the state to pay legal fees if a plaintiff prevailed in a lawsuit over the statute's constitutionality.
The court is next scheduled to hand down decisions on February 1st.
The funeral picketing law says protesters can't be within 150 feet of a funeral one hour before, during or two hours after a service ends. It also makes it unlawful to obstruct any public street or sidewalk. Violators face up to a $1,000 fine and six months in jail.
Funeral picketing legislation
- Kansa Supreme Court rules down funeral picketing law (March 11, 2008)
- State's high court hears arguments on funeral picketing law (Dec. 6, 2007)
- Funeral protest bill going to the governor (March 29, 2007)
- Lawmakers fail to address funeral picketing before session's end (May 11, 2006)
- National legislation makes funeral protesting a crime (May 10, 2006)
- Agreement reached on funeral picketing bill (May 2, 2006)
- Lawmakers struggle to stop Phelps, followers (March 28, 2006)
The trigger was added to quiet concerns that Phelps could successfully challenge the law and force the state to pay him huge legal fees. Such concerns doomed the bill in 2006.
One section of the law unaffected by the trigger allows family members to sue if they feel protesters defamed the deceased — an exception to the general rule of law that one cannot libel or slander the dead.
The law was prompted by demonstrations at soldiers' funerals by the Reverend Fred Phelps and his Topeka church, Westboro Baptist.
Long known for a public campaign against homosexuality, Phelps and his church began picketing soldiers' funerals in June 2005.
The federal government and at least 38 states, including Kansas, have enacted funeral picketing laws largely in response to Phelps and his followers, who have protested at funerals throughout the nation.
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