It’s not every day that local government considers legislation of current national import. Yet, that’s what the Dutchess County Legislature did this month is in debating a draft of a local law prohibiting demonstrations at funeral services.
The bill was rooted in the March 2 U.S. Supreme Court decision, Snyder vs. Phelps et al., which the court in an 8-1 decision sided with the Westboro Baptist Church’s First Amendment right to demonstrate at a military funeral.
Dutchess County’s version of the law as debated would make it a misdemeanor punishable by a year’s imprisonment or $1,000 fine to demonstrate (picket, orate or hold signs) during, before or after a wake, burial, religious service, Shiva or memorial service. Many legislators, including myself, wrestled with the apparent conflict and juxtaposition of these two cherished values: free speech and the right to bury and mourn a loved one free of harassment.
The bill’s inspiration arose following the Westboro Church’s crisscrossing of the country protesting at the funerals of slain servicemen and women as a protest to the country’s tolerance of homosexuals, particularly in the military. Signs are hate-filled and despicable, including, “God Hates Fags,” and “Thank God for Dead Soldiers.”
The Supreme Court decision grew out of a lawsuit by the family of deceased Marine Lance Cpl. Matthew Snyder, who was killed in Iraq. The case alleged intentional infliction of emotional distress but was defeated by justices who held the distress was caused by constitutionally-protected speech, no matter how hurtful, and not based upon interference with the funeral itself.
Dutchess County’s proposed law shields “funeral-related events” by setting up a buffer zone of 150 feet and 300 feet around cemeteries for an hour before through an hour afterward. Such law would have mattered little at Lance Cpl. Snyder’s funeral as Westboro Church protested 1,000 feet away.
The Legislature heard from community groups both for and against, including the Legislature’s citizen’s Veteran’s Affairs Committee, Gold Star Mothers and the New York Civil Liberties Union. There was 40 minutes of floor debate in committee before the sponsor pulled the resolution so that the language could be reworded. It is expected to return next month in a revised form.
While I feel that funerals — military and nonmilitary alike — should be off limits to protesters of any type, I was one of two votes against the bill in committee. While I think Westboro’s actions constitute a hate crime that should be punishable by existing law, I was concerned elements in the bill went too far and would not hold up to constitutional challenge by stifling otherwise legitimate forms of expression guaranteed by the First Amendment. Among other things, it targeted demonstrations — not disruptions — which to me strike at the heart of what our nation was founded upon: freedom from arrest for peaceful self-expression.
This was a difficult vote especially because constitutional scholars recognize that the right to speech is not absolute.
My heart goes out to the families of our fallen veterans who in my opinion constitute a special class worthy of heightened protection. Families and friends need time to mourn loved ones free of any message shy of solace or condolence.
I am resolved to help strengthen this bill so that when it returns for a vote we can honor the memory of our fallen protectors while also preserving constitutional integrity.
Michael Kelsey represents Amenia, Washington, Stanford, Pleasant Valley and Millbrook in the Dutchess County Legislature. Write him at KelseyESQ@yahoo.com.
Classic styles, bold colors, and creative concerts make up the “Imaginary Concerts” line at Peggy Mercury.Provided
Shirts from Peggy Mercury’s first fashion line, “Imaginary Concerts,” hang on display.Provided
