All of Phelps' demonstrations and other activities during the last 50 years of his life were conducted in conjunction with the congregation of
Westboro Baptist Church (WBC), an American unaffiliated
Baptist church known for its extreme ideologies, especially those
against gay people. The church is widely described as a
hate group and is monitored as such by the
Anti-Defamation League and
Southern Poverty Law Center. It was headed by Phelps until his later years when he took a reduced role in the activities of the church and his family. and church members consist primarily of his large family; in 2011, the church stated that it had about 40 members. The church is headquartered in a residential neighborhood on the west side of
Topeka about three miles (5 km) west of the
Kansas State Capitol. Its first
public service was held on the afternoon of November 27, 1955. The church has been involved in actions against
gay people since at least 1991, when it sought a crackdown on homosexual activity at
Gage Park six blocks northwest of the church. In 2001, Phelps estimated that the WBC had held 40 pickets a week for the previous 10 years. In addition to conducting
anti-gay protests at military funerals, the organization pickets other celebrity funerals and public events that are likely to gain media attention. Protests have also been held against
Jews, and some protests have included WBC members
stomping on the
American flag.
Lawsuit against Westboro Baptist Church On March 10, 2006, WBC picketed the funeral of
Marine Lance Corporal Matthew A. Snyder, who died in combat in
Iraq on March 3, 2006. Albert Snyder, the father of LCpl Matthew A. Snyder, testified: In his instructions to the jury, U.S. District Judge
Richard D. Bennett stated that the First Amendment protection of free speech has limits, including vulgar, offensive and shocking statements, and that the jury must decide "whether the defendant's actions would be highly offensive to a reasonable person, whether they were extreme and outrageous and whether these actions were so offensive and shocking as to not be entitled to First Amendment protection". (see also
Chaplinsky v. New Hampshire, a case in which certain personal slurs and obscene utterances by an individual were found unworthy of First Amendment protection, due to the potential for violence resulting from their utterance). WBC sought a
mistrial based on alleged prejudicial statements made by the judge and violations of the
gag order by the plaintiff's attorney. An appeal was also sought by the WBC. On February 4, 2008, Bennett upheld the ruling but reduced the punitive damages from $8 million to $2.1 million. The total judgment then stood at $5 million. Court
liens were ordered on church buildings and Phelps' law office in an attempt to ensure that the damages were paid. An appeal by WBC was heard on September 24, 2009. The
federal appeals court ruled in favor of Phelps and Westboro Baptist Church, stating that their picket near the funeral of LCpl Matthew A. Snyder is protected speech and did not violate the privacy of the service member's family, reversing the lower court's $5 million judgment. On March 30, 2010, the federal appeals court ordered Albert Snyder to pay the
court costs for the Westboro Baptist Church, an amount totaling $16,510.
Political commentator Bill O'Reilly agreed on March 30 to cover the costs, pending appeal. A
writ of certiorari was granted on an appeal to the
Supreme Court of the United States, and the oral argument for the case took place on October 6, 2010. Margie Phelps, one of Fred Phelps' children, represented the Westboro Baptist Church. The Court ruled in favor of Phelps in an 8–1 decision, holding that the protesters' speech related to a public issue, and was disseminated on a public sidewalk. Chief Justice
John Roberts wrote, for the majority, "As a nation we have chosen ... to protect even hurtful speech on public issues to ensure that we do not stifle public debate." Justice
Samuel Alito, the lone dissenter, wrote, "Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case."
Efforts to discourage funeral protests On May 24, 2006, the United States House and Senate passed the
Respect for America's Fallen Heroes Act, which President
George W. Bush signed five days later. The act bans protests within of
national cemeteries – which numbered 122 when the bill was signed – from an hour before a funeral to an hour after it. Violators face up to a $100,000 fine and up to a year in prison. •
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Missouri States that are considering laws are: •
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Wisconsin Florida increased the penalty for disturbing military funerals, amending a previous ban on the disruption of lawful assembly. On January 11, 2011, Arizona passed an emergency measure which prohibits protests within of any funeral services, in response to an announcement by the WBC that it planned to protest at
2011 Tucson shooting victim Christina Green's funeral. These bans have been contested. Bart McQueary, having protested with Phelps on at least three occasions, filed a lawsuit in federal court challenging the constitutionality of Kentucky's funeral protest ban. On September 26, 2006, a district court agreed and entered an injunction prohibiting the ban from being enforced. The ACLU of Ohio also filed a similar lawsuit. In the case of
Snyder v. Phelps, the 4th Circuit Court of Appeals ruled that "distasteful and repugnant" protests surrounding funerals of service members were protected by the First Amendment. But attorneys for the service member's family appealed the decision on the grounds that such speech should not be allowed to inflict emotional distress on private parties exercising their freedom of religion during a funeral service. The Supreme Court heard oral arguments in the case on October 6, 2010, and ruled 8–1 in favor of Phelps in an opinion released on March 2, 2011.
People targeted by Phelps Beginning in the early 1990s, Phelps targeted numerous individuals and groups in the public eye for criticism by the Westboro Baptist Church. Prominent examples include President
Ronald Reagan,
Princess Diana, Supreme Court Chief Justice
William Rehnquist, National Football League star
Reggie White,
Sonny Bono, comedian
George Carlin,
The Church of Jesus Christ of Latter-day Saints,
atheists, Muslims, murdered college student
Matthew Shepard, children's television host
Fred Rogers, American televangelist
Tammy Faye Bakker,
Heath Ledger,
Jon Stewart,
Stephen Colbert,
Bill O'Reilly, filmmaker
Richard Rossi, film critic
Roger Ebert, Catholics, Australians, Swedes, the Irish, and US soldiers killed in
Iraq. He also targeted the
Joseph Estabrook Elementary School in
Lexington, Massachusetts, center of the David Parker controversy. Phelps also picketed memorials to victims of different mass shootings, including the
spreading of unfounded theories, such as saying that
Eric Harris and Dylan Klebold, the perpetrators of the 1999
Columbine High School massacre, were gay, saying that "Two filthy fags slaughtered 13 people at Columbine High." In 2006, in the aftermath of the
West Nickel Mines School shooting, where five
Amish girls were murdered, Phelps mocked the shooting, saying that it had been caused by Pennsylvania Governor
Ed Rendell's criticism of Westboro. Phelps further planned a protest at the funeral for the five girls murdered, but called it off, opting to spread their messages on a local radio station instead. Phelps continued picketing funerals and memorials for victims of mass shootings during the late 2000s, including the plan to picket the memorial for two victims of the
Northern Illinois University shooting in 2008, which was countered by a preacher who hosted a seminar against Phelps' views. After Phelps announced plans, as aforementioned, to picket the funeral of the youngest victim of the
2011 Tucson shooting on Congresswoman
Gabby Giffords, Phelps responded to the emergency legislation which banned him from doing so, by praising the shooter,
Jared Lee Loughner, saying: "Thank God for the violent shooter", and labeled Loughner as a "hero". ==Political activities==