They were originally protesting at the funeral, private cemetaries could force them to stay outside but they have and will protest at the funeral feet away from the families. The government also passed laws making it illegal to protest at funerals.
Laws limiting funeral protests
In response to the protests conducted by Westboro members at
Indiana funerals, a bill was introduced in the
Indiana General Assembly that would make it a
felony to protest within 500 feet (150 m) of a
funeral. The bill provides penalties of up to three years in prison and a $10,000 fine for those found to be in violation of the law. Shortly before this bill was signed members of the church had threatened to protest in
Kokomo, Indiana, at a funeral service that was being held for a soldier who was killed in Iraq. On January 11, 2006 the bill unanimously (11–0) passed a committee vote,
[68] and while members of the church had traveled to Kokomo to protest, they were not seen during or after the funeral service.
South Dakota adopted similar legislation. WBC has expressed its intention to contest such laws, and if victorious collect damages while the Phelps Chartered law firm collects attorney's fees under the
Civil Rights Attorney's Fees Award Act of 1976.
On May 23, 2006 the state of
Michigan banned any intentional disruption of funerals within 500 feet (150 m) of the ceremony. Violating the statute would be a felony, punishable by up to two years in prison and a $5,000 fine for the first offense and up to four years in prison and a $10,000 fine for a subsequent offense.
[69]
On May 17, 2006 the state of
Illinois enacted Senate Bill 1144, the "Let Them Rest In Peace Act", to shield grieving military families from protests during funerals and memorial services of fallen soldiers. A first-time violation of the Act is a Class C misdemeanor, punishable by up to 30 days in jail and a $1,500 fine and a Class 4 felony for a second or subsequent offense, which is punishable by one to three years in state prison and a fine of up to $25,000.
[70]
On May 29, 2006, President
George W. Bush signed into law the
Respect for America's Fallen Heroes Act (
Pub.L. 109-228), prohibiting protests within 300 feet (91 m) of the entrance of any cemetery under control of the
National Cemetery Administration from 60 minutes before to 60 minutes after a funeral.
[71] Penalties for violating the act are up to $100,000 in fines and up to one year imprisonment.
[71] The bill garnered overwhelming bipartisan support in Congress with a 408–3 vote in the House, with 21 not voting, and a unanimous vote in the Senate.
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