Legislation would ban protests near funerals

BY JESSICA SMITH
Correspondent

A bill banning protests near funerals was unanimously approved by the state Senate and Assembly recently, and now awaits the governor's signature into law.

The bill was introduced in light of the activities of the Westboro Baptist Church of Topeka, Kan., whose members regularly protest at funerals of soldiers around the country, and correlate the deaths of soldiers with America's acceptance of homosexuality.

"I think there was some feeling that it might happen [in New Jersey], and we wanted to pre-empt that," said Assemblywoman Linda Greenstein (D-Middlesex/Mercer).

The extremist group has made statements that they will come to New Jersey, and their attorney, Shirley Phelps-Roper, said they are waiting for a soldier from the state to die. The group has disrupted funerals with statements like, "Thank God for dead soldiers."

The bill would prohibit protests within 500 feet of, and an hour before and after, funerals. While the bill addresses all funerals, it was crafted with the loved ones of the military in mind. The legislation introduced is tougher than the federal restrictions, which prohibit protests within 150 feet and 60 minutes of a military service on federal government property.

"I think there is a time and place to protest war and protest policy ... but not when loved ones are saying goodbye," said Sen. Joseph Kyrillos (R-Monmouth/Middlesex).

While even civil liberties groups like the American Civil Liberties Union see the legislation as up to constitutional muster, the Westboro Baptist Church contends that it infringes upon their rights.

"It unlawfully and unconstitutionally puts restrictions on protests. It is a tacky and ineffectual effort to stop the wrath of God. It certainly isn't going to stop the messengers of God. They may as well try to pass a law that abolishes hell," said Phelps-Roper.

The measure would make it a disorderly persons offense to disrupt a funeral either orally or through signs or literature. Both Kyrillos and Greenstein said there have been no instances of this in the state yet that they are aware of.

The Kansas-based church is considered a hate group by the Anti-Defamation League and the Southern Poverty Law Center.