Rubashkin Judge On Panel That Allows Anti-Gay, Anti-Jewish Church To Demonstrate
Still flush from their victory in the Supreme Court in March, Westboro Baptist Church congregants convinced the 8th Circuit to strike down a Missouri law that bans peaceful picketing outside of funerals. Westboro is considered to be a hate group by the ADL and the Southern Poverty Law Center.
Westboro Wins Another Suit to Protest Funerals
By JOE HARRIS • Courthouse News
ST. LOUIS (CN) - Still flush from their victory in the Supreme Court in March, Westboro Baptist Church congregants convinced the 8th Circuit to strike down a Missouri law that bans peaceful picketing outside of funerals.
A three-member appellate upheld a federal judge's ruling, which found that peaceful protests near funerals are protected by the First Amendment's right to free speech. Westboro, based in Topeka, Kan., has been outspoken in its views against homosexuality. Members of the church often picket military funerals, espousing their belief that the deaths of U.S. soldiers represent God's vengeance against America for accepting homosexuality.
The city of Manchester, 20 miles west of St. Louis, adopted a law in 2007 aimed at stopping Westboro's ability to picket a funeral within its jurisdiction. It was modeled after a funeral-protest statute in Ohio that higher courts upheld. But the 8th Circuit found in favor of Westboro leaders Shirley Phelps-Roper and Megan Phelps-Roper.
"We agree that the Phelps-Ropers had standing to challenge the ordinance," the ruling states. "Manchester's ordinance specifically targets the Phelps-Ropers' conduct ... and Manchester did not disavow intentions to enforce it. ... The Phelps-Ropers thus have 'some reason in fearing prosecution' under the ordinance."
It wasn't clear if Manchester would appeal. Other courts around the country have consistently struck down similar laws. In March, the U.S. Supreme Court ruled, 8-1, to throw out a $5 million award to the family of a soldier whose funeral drew protest from Westboro.
The three-judge panel included Diana E. Murphy, Lavenski Smith and Chief U.S. District Judge Linda R. Reade, sitting by designation from Cedar Rapids, Iowa.
Before you rush off calling Judge Reade an antisemite or a supporter of antisemitism understand that the right to peaceful protest – even offensive, stupid and bigoted peaceful protest – is a constitutional right that benefits us, as well.
Coincidentally, the freaks from Westboro say they'll picket Steve Job's funeral:
Westboro Baptist Church uses iPhone to announce protest at Steve Jobs’s funeral
By Elizabeth Tenety • Washington Post
Westboro Baptist Church announced plans Wednesday night to protest Steve Jobs’s funeral, sending the message out. . .wait for it. . . via Twitter for iPhone.
Margie Phelps, daughter of the small church’s founder and the lawyer who represented the church during their First Amendment case at the Supreme Court, (which Westboro won,) was among the Phelps family members to use Apple products to Tweet about the death of the Apple co-founder.
“Westboro will picket his funeral.He had a huge platform; gave God no glory & taught sin,” Margie tweeted Wednesday night on her iPhone.
The Topeka, Kan. based church is mostly made up of Phelps family members but has risen to international infamy because of their funeral protests of celebrities and American soldiers. The church’s members believe that God punishes America for its tolerance of sin, including acceptance of homosexuality.…
Sick people these Wesboro freaks. Very, very sick.
Steve Jobs is dead? Really? OK, I accept it. I did not know he was gay, though. Steve Jobs was gay? If it says so here, then it must be true. So to recap, he was gay and now he is dead and people are protesting. Are they protesting his gayism or his death or both? No way I can fast this weekend with all this confusion. I don't even have a ticket for shul. Will my EBT card work even if I don't eat? Help me please.
Posted by: What kind of goyishe name is Harold z"l? | October 06, 2011 at 02:14 PM
Their view on homosexuality resulting in divine punishment is similar to some chareidims' views on the same matter. What is the name of their rebbe?
Posted by: I'm from missouri | October 06, 2011 at 02:28 PM
But still, this might be used as grounds for an appeal.
Posted by: Dr. Dave | October 06, 2011 at 02:44 PM
you realize that if we would just ignore these guys, they'd go away, right? they've got only as much power as you impart to them.
Posted by: Proton Soup | October 06, 2011 at 03:06 PM
Proton Soup-You are correct but its easier said then done!
I was a the funeral in St. Louis last year for Lt. Rosylyn Schulte, a jewish girls, the first female Air Force Academy graduate to be KIA. As I was drivign into Temple Israel I saw them and I alsmot stopped the car. Then I almost rolled down the window to scream at hem but I did what you suggest.
Unfortunately havign to look at hes assholes is part of the price of living in a free society.
Posted by: Norm | October 06, 2011 at 03:42 PM
The church leader Fred Phelps, and many of his children are attorneys. There have been reports in the past that they've allegedly filed civil suits against those who allegedly "slander" them or infringe upon their "civil rights." I would imagine that this can provide a lucrative income stream for the group. Ironically, Phelps was active in supporting the civil rights movement years ago.
Posted by: SkepticalYid | October 06, 2011 at 03:53 PM
As repulsive as the Westboro Baptist Church may be, it's their constitutional right to picket and say "God hates fags."
I also have the constitutional right to yell back, "God hates assholes!"
Posted by: Ethel Mertz | October 06, 2011 at 04:54 PM
Jobs was not gay. They're picketing him because they'll get attention.
They're banned from my country, and I'm glad of that. I'm glad there is no right to make hate speeches, glad that if someone decides to spew filth and hatred based on somebody's religious group, or race, disabilities or any other group that's protected by law - they will be punished.
Posted by: No Light | October 06, 2011 at 07:28 PM
I've read the same reports as ScepticalYid, but my understanding is that they're very aware of their civil right to not be asaulted (by someone pushing them, say) or impeded while exercising their right to protest and so forth, and enough of them are lawyers to be able to file suits quickly and cheaply. So it's a bad idea to react to them in any way, since you probably don't know the law as well as they do and you may end up being sued for breaching their civil rights.
Posted by: Joe in Australia | October 06, 2011 at 07:38 PM
The Westboro Baptist Church is the Christian equivalent of Neturei Karta. I remember the NK dancing and going for a l'chayim every time a bus blew up in Israel few years back.
Posted by: Gimpel the Gimp | October 06, 2011 at 07:39 PM
I have not read anywhere that the Westboro crew are anti-Jewish. Anyone care to enlighten me on this point ?
America is such an amazing country because freedoms are enshrined, but with freedom comes responsibility.
I don't believe G-d "hates" America. Lumping the whole country into one basket because of the behaviour of some is facile and adolescent. All their lawsuits won't bring the carpenter from Nazareth back either.
Posted by: Adam Neira | October 06, 2011 at 08:41 PM
AN-
Here's WBC's stuff on the Jews
http://www.godhatesfags.com/letters/20090512_open_letter_elect_jews.html
THe photos of "The Jews Killed Jesus" and "God Hates Israel" should be a hint.
These are badass premodern neanderthals.
Posted by: Office of the Chief Rabbi | October 06, 2011 at 08:55 PM
The real anti-Semites are the "anti-Zionist" left-wing hacks who want to liquidate Jewish Israel and replace it with a Palestinian paradise: people like Andrew Sulllivan, Rashid Khalidi and scads of former and present Friends of Obama. These people are a circus freak sideshow.
Posted by: Sparky the Wonder Dog | October 06, 2011 at 10:08 PM
To Office of the Chief Rabbi,
Thank you for the info. I'm not into studying pathological groups per se. but one must be aware of them. Yes it seems they are a truly obnoxious bunch. Hard Christian Fundamentalists who would have extreme difficulty believing the universe is stable, ordered, benevolent and expansive. A lot of misdirected anger in their lives has distorted their psyche is my tip.
I reckon they might be praying fervently in private rapture for the day the carpenter from Nazareth returns so they will attain their rightful position at his right hand so they can punish the heretics. Maybe they have time travelled from the Spanish Inquisition ?
P.S. Weren't the "Badass Premodern Neanderthals" a heavy metal band in the 1980's ?
Posted by: Adam Neira | October 06, 2011 at 10:11 PM
Westboro is notoriously Anti Semitic, conspiratorial, and far from Messianic (Christian). Read Yesha'yahu 29:13.
Posted by: Nickidewbear | October 08, 2011 at 04:14 PM
Westboro Baptist Church spreads its hate through picketing in our streets, provoking attacks, with abusive language and flag desecration, attempting to create a confrontation. This is not a church, this is a hate group. This is not about protesting, freedom, or God. They are in it for the money and the press; this is a family law firm. They are not a "church." It is a scam. They go after anything that can get them in the news. This is a family of lawyers using this “god hates you” thing to make money. It is time for this scam to end.
Posted by: cb | October 09, 2011 at 01:09 PM