Interfaith:   Home  /  Blog article: Court Award Cut in Case of Anti-Gay Protests at a Soldier’s Funeral

February 6, 2008

Court Award Cut in Case of Anti-Gay Protests at a Soldier’s Funeral


by Rachael Grant

On February 4th, in a decision spanning over fifty pages, US District Judge Richard D. Bennett reduced the amount of damages that an anti-gay group based in Kansas, and three of its leading members, had to pay as a result of their protest at a marine’s funeral in Westminster.

Albert Synder, father of the deceased Lance Cpl. Matthew Synder, had successfully sued the Westboro Baptist Church for undue emotional distress and invasion of the family’s privacy during the funeral, during which the church members waved signs decrying his son’s homosexuality. Judge Bennett affirmed the jury’s decision in favour of Mr Synder, saying “There was more than sufficient evidence to support the jury’s verdict that [Westboro's] conduct before, during and after the funeral of Matthew Snyder was outrageous … [and] highly offensive to a reasonable person”.

However he then went on to half the initial $10.9 million award, citing ‘constitutional concerns of appropriateness’. Bennett continued, saying that he’d had to weigh up the suffering of Mr Synder against the amount of money the Westboro Church could feasibly finance.

An appeal to overturn this verdict is currently waiting, during which time Bennett will have to decide how much of a bond the church will have to pay while the appeal continues. The hearing is scheduled for March 6th.

Members of the church believe that soldiers who are killed in Iraq and Afghanistan are dying as punishment for the tolerance towards homosexuality that exists in America.

Shirley Phelps-Roper, one of the defendants, argues that under the First Amendment their protests should be allowed because they fall under the right to freedom of speech.

The argument was, for the most part, rejected by Bennett, who said that there isn’t an absolute First Amendment for any and all speech directed by a private individual against another.

The church, which is based in Topeka, and consisting of mainly relations of the founder Fred Phelps Snr., have been protesting across the country, carrying signs with shocking slogans such as ‘Thank God for Dead Soldiers’. They have even said that they will attend the funeral of recently deceased actor Heath Ledger, who was a heterosexual man who happened to play a gay cowboy in the blockbuster ‘Brokeback Mountain’.

Despite beliefs that Bennett may overturn the verdict, he has remained firm so far, saying that a private funeral can not be made public in such a manner, with the church trying to justify their actions with the excuse that Synder was a public figure.

Bennett went on to quote from Albert Synder’s account:

“He testified that Defendants placed a ‘bug’ in his head. … such that he is unable to separate thoughts of his son from the Defendant’s actions: “there are nights that I just, you know, I try to think of my son at times and every time I think of my son or pass his picture handing on the wall or see the medals handing on the wall that he received from the [Marine Corps], I see those signs’.

Synder’s lawyers believe that the church should be ordered to pay immediately, or post a bond to secure the judgement during an appeal process. They also have stated they have proof that the church did not give the full truth about their assets, and as such shouldn’t have the award reduced.

Despite being pleased with the verdict so far, My Synder is hoping that the original reward will be upheld.

Discuss this in the Interfaith forums

Story link: Court Award Cut in Case of Anti-Gay Protests at a Soldier’s Funeral

Add to Bookmarks:

ADD TO DEL.ICIO.US     ADD TO DIGG     ADD TO FURL
ADD TO STUMBLEUPON     ADD TO YAHOO MYWEB     ADD TO GOOGLE     ADD TO SPURL

Related stories:

 

Leave a Reply




 

Previous: « Icon Theme Park In Malaysia Is A-Okay!
Next: Objections From Both Sides On Rewrite Of Latin Prayer »

Visited 725 times, 1 so far today