The Kansas legislature yesterday followed the lead of 32 other states, passing and sending to the governor for her signature a bill that outlaws funeral protests. The bill prohibits demonstrations within 150 feet of a funeral from one hour before to two hours after the funeral service. (House Sub for SB 244). Today's Wichita Eagle reports on the bill, enacted by the state that is home to Westboro Baptist Church whose members regularly picket funerals of veterans to protest homosexuality in the United States. The bill directs the state attorney general to seek a judicial determination of the constitutionality of the new law. Apparently this provision is designed to prevent Westboro pastor Fred Phelps and his followers from recovering attorneys' fees in a challenge to the new law. The bill provides that it will not take effect until the state Supreme Court or a federal court rules that it is constitutional. The bill also allows family members to sue funeral protesters for defaming a deceased. Normally a cause of action is not available for defaming a dead person. A legislative note summarizes the bill's provisions.
UPDATE: On Friday, Kansas Gov. Kathleen Sebelius announced that she would sign the anti-funeral protest bill into law. (Lawrence Journal-World).
