6 Oct 2010

Church controversy sparks US rights trial

“Thank God for dead soldiers” – one of the less offensive slogans from an infamous Kansas church which has gone to the US Supreme Court to defend its right to free speech, writes Matthew Moore.

America’s most infamous family was defending itself in America’s most powerful court today in a case which raises questions about the limits of free speech.

The Phelps family, of the Westboro Baptist Church, has gained notoriety through their noisy demonstrations of service member’s funerals. At these protests members hold obscenely worded placards which say things like “God Hates Fags” and “Thank God for Dead Soldiers”.

The church, in Topeka, Kansas, claims that the deaths of American soldiers are a result of America’s acceptance of homosexuality amongst other “sins”.

A 2007 federal court in Maryland ordered the church to pay $11m in compensation to the father of a marine soldier whose funeral the church had picketed.

Albert Snyder, of Westminster, Maryland, had raised the action after his son Matthew’s funeral had been targeted by members of the church in 2006.

Mr Snyder’s award, which was granted on the grounds that the church had invaded his privacy and intentionally caused him emotional distress, was later halved by the judge.

Church controversy sparks US rights trial

Subsequently, the Church appealed the decision and it was overturned by a court of appeal bringing it to the United States Supreme Court. Although oral arguments took place today, a final judgment may take months.

Despite their tiny following the message of the Westboro Baptist church still evokes derision and outrage wherever it’s aired.

Half a dozen members of the church were demonstrating this morning on the road side in-between the court and the Capitol building.

Doing interviews and ignoring the occasional shouts from passer-bys, Jacob Phelps, 27, stood alongside his 9-year-old cousin, Daniel Phelps, holding messages which read “You’re Going To Hell” and “Thank God For Dead Soldiers”.

Mr Phelps said: “Today we’re out in front of the US Supreme Court before the conscious of this nation to tell them that they are either going to uphold the First Amendment rights or they are going to strike it down because of a dead soldier’s father’s feelings.

“You can’t say that freedom lives in this country and then have the parents of these soldiers saying that you can’s say anything ill of their dead child, ever, before the funeral, during or after.”

A senior member of the church, Betty Phelps, said that although they were responsibilities that come with First Amendment rights, her church followed all the laws that concern funeral picketing.

Church controversy sparks US rights trial

“Funerals have become a public event. Military funerals, especially, are public pep rallies. We stand there thousands of feet away with our signs to tell this nation that these children are coming home in body bags because of the sins of this nation.”

As the morning rolled on the queue for the gallery wove itself out from the Court steps and along the pavement. Dave Smith, an army soldier for 22 years, came from Nebraska to hear the arguments.

Mr Smith, a Vietnam War veteran, said he had made the 1,200 mile journey because he felt that the church “were a bunch of glory hounds, just looking for their 15 minutes of fame”.

“I think the people that died to support the constitution of this country, deserve better than what these people…I don’t know. I think it’s a crock to tell you the truth. I really do.”

Asked how he would feel if the Supreme Court ruled in favour of the Phelps family, he said: “I would think that everybody got cheated.”