BY ANN KELLEY akelley@opubco.com
Published: March 3, 2011
Jimmy McCluskey said Westboro Baptist Church protesters are exercising the rights his son and thousands of others gave their lives for.
He said he thinks members of Baptist fundamentalist church from Topeka, Kan., are hypocrites.
“I’m more than a bit perturbed,” McCluskey said. “My son was being buried for defending the freedoms we all enjoy, and they’re hanging outside his place of burial like mosquitoes waiting to sting.”
McCluskey said he wished the U.S. Supreme Court could have taken that into consideration.
The court ruled 8-1 Wednesday that the First Amendment protects church members’ anti-gay protests at funerals. The group is known for radical messages, including blaming soldiers’ deaths on homosexuality.
State Sen. Josh Brecheen, R-Coalgate, said he doesn’t think the ruling will affect a bill he’s proposing to double a time moratorium and the distance such protests can be held in Oklahoma. He said he plans to ask state Attorney General Scott Pruitt for his opinion of the ruling’s impact for Oklahoma.
“I believe the AG’s opinion will show this law does not interfere with free speech, but will give even greater protection to grieving families,” he said.
McCluskey, 50, is the father of Army Sgt. Jason James McCluskey, 20, who was killed in Afghanistan in November. The funeral was held in the soldier’s hometown of McAlester and was attended by more than 1,000 people. Many, including several motorcycle clubs, came in opposition to the Westboro protesters, McCluskey said.
Brecheen said McCluskey’s funeral led him to sponsoring SB 406 aimed at keeping protesters at least 1,000 feet from a funeral, and prohibiting them from protesting two hours before and after the service. The measure was unanimously approved Tuesday by the Senate and sent to the House.
Current law prohibits protests within 500 feet and an hour before and after a funeral.
“I want to do whatever it takes to create a hindrance for funeral protesters while staying within the boundaries of the Constitution,” Brecheen said.
State Rep. Dustin Roberts, R-Durant, proposed a measure that would make it illegal to picket within 1,000 feet of a funeral, imposing a fine up to $500 and 30 days in jail.
The lawsuit before the Supreme Court was filed by the father of a fallen soldier against members of the church. The father initially was awarded $11 million for emotional distress. The judgment was cut to $5 million before a federal appeals court threw it out, saying church members couldn’t be sued for exercising free speech rights.
In recent years, Westboro protesters have picketed funerals and other high-profile events in Oklahoma.
The group has organized protests twice in Midwest City. Police Chief Brandon Clabes said the protesters are well-schooled on the law, but their presence tends to excite others.
In 2008, about 15 women and children from Westboro protested outside the Air Force base after a homicide. About 200 people countered their protest, and one veteran was taken into police custody for trying to approach a protester shoving a flag down her pants, Clabes said.
“They have a vile message we have to listen to, but we understand they have a constitutional right.”
Westboro protesters returned to McAlester in December as retribution for their van’s tires being slashed a month before. Since the tire slashing, Westboro has come out with slogans such as “God Hates Oklahoma” and “Thank God for Dead Oklahoma Children.”
Police Chief Darrell Miller said he has officers protect the van during their demonstrations and escort them out of town promptly after.
The way I understand it is the WBC is supposed to be in Stillwater Oklahoma this weekend Saturday August 20th 2011 Protesting The Memorial of Spc. Jordan M. Morris at:
Westboro Baptist is really more of an asylum than a church
