Supreme court rules in favor of Westboro Church funeral picketers
The Supreme court ruling in favor of Westboro Church allows them to continue their anti-gay funeral picketing, but in the long run protects churches’ First Amendment rights.
March 8, 2011
Two members from the Westboro Baptist Church of Topeka, Kansas, chant on a street corner in St. Charles, Missouri while those disagreeing with their views, are kept back by police and barriers on January 6, 2011. The church which preaches against all form of sin, is known for showing up at military funerals to drive home their anti-gay point. St. Charles County has passed a law that the Westboro Baptist Church demonstrators must be atleast 300 feet from any military funeral or burial. The law is now being challanged in Federal court by the ACLU. UPI/Bill Greenblatt
Photo Illustration by Kelsey Heng
The US Supreme Court ruled Wednesday, March 2 that the anti-gay, poster-carrying Westboro Church has the First Amendment right to picket at the funerals of dead soldiers. The 8-1 ruling came in the wake of an appeal filed by the Westboro church in response to a 2007 lawsuit. The Westboro Church is known for picketing with very offensive signs saying things like “God hates fags” and “Thank God for dead soldiers.”
The original case
The lawsuit was filed against the Westboro Church by the family of Lance Cpl. Matthew Snyder, which alleged that the protests of the church members was an invasion of privacy and caused intentional emotional distress. The family initially won a judgment of over 7 millon dollars, but this award was reversed one year later on appeal to a federal appeals court.
Chief Justice John Roberts articulated the reasoning behind the majority Court ruling of the Supreme Court, “Westboro believes that America is morally flawed; many Americans might feel the same about Westboro. Westboro’s funeral picketing is certainly hurtful and its contribution to public discourse may be negligible…As a nation we have chosen a different course — to protect even hurtful speech on public issues to ensure that we do not stifle public debate.”
Decision protects churches’ First Amendment rights
While I don’t agree with the tactics of the church, I do accept the reasoning of the Court because if the ruling had went against the church, then any church, even a biblically sound one, could be sued for simply preaching the Gospel, and we know that the Gospel may cause temporary emotional distress. It is not comforting to find out you are a sinner in need of salvation.
The only dissenting view came from Justice Samuel Alito, who responded by saying that the church’s conduct was “outrageous” and that “the court now compounds that injury by depriving petitioner of a judgment that acknowledges the wrong he suffered…In order to have a society in which public issues can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims like petitioner.” I agree with Justice Alito that the church’s conduct is outrageous, and that these actions amounted to brutalization of innocent victims.
But we also must remember that even “outrageous” speech, as long as it is not equal to yelling “fire!” in a crowded theater when there’s no fire, is protected speech under the First Amendment. We can’t ban speech simply because we don’t like it. That would ultimately lead down the pathway to silence of all speech based on subjective responses claiming harm or distress. So despite the fact that the ruling helps the Westboro Church, the fact remains that the ruling also helps all churches. Some states have even enacted laws to regulate and restrict the actions of the Westboro church, which I think is a good idea. Grieving families should be able to do so in peace, regardless of the First Amendment rights of any protestors.
Westboro Church lacks the gospel of grace
Like the Westboro Church and many Christians, I believe America (along with all other nations) is morally flawed. But Scripture does not call for us to cause undue harm in spreading the Gospel message. In fact, Paul spoke of weeping with those who weep (perhaps at a funeral?) and rejoicing with those who rejoice (Romans 12:15). I see nothing in Scripture teaching us to taunt and denigrate people when others are morning lost loved ones. So, like any pseudo-Christian cult that claims to be Christian but violates Scripture or biblical principles in its actions, it seems to me that the Westboro Church is exhibiting cult-like behavior in their picketing.
The pastor of the church, Fred Phelps, said that he was an “old time” gospel preacher and that, “You can’t preach the Bible without preaching the hatred of God.” But interestingly enough, that’s only half true and shows that Mr. Phelps preaches a half-gospel. You also can’t preach the Bible without preaching the overarching, overpowering, love of God poured out in the death, burial and resurrection of Christ. I think Mr. Phelps and his followers need to go back and read John 3:16 and ponder why it says “God so loved the world” instead of “God so hated the world.” But then again, I guess their signs might have to change drastically.
