Trial begins over protest at ’06 funeral of soldier

The father of a soldier killed in Iraq has sued the church that conducts the protests.

BALTIMORE (AP) — A member of a fundamentalist church being sued over a protest at the funeral of a soldier killed in Iraq told jurors the fear of God and not a desire to harm anyone motivates her and her fellow parishioners.

Members of the Westboro Baptist church have picketed funerals nationwide claiming the deaths are punishment for the country’s tolerance of homosexuality. The Topeka, Kan., church is being sued by Albert Snyder of York, Pa., over a protest at the funeral of his son, Lance Cpl. Matthew Snyder, in Westminster in March 2006.

Shirley Phelps-Roper compared members of her church to biblical prophets who vainly sought to save doomed nations that had strayed from God.

“We must preach to a doomed America in her public places,” Phelps-Roper said.

Phelps-Roper and her sister, Rebecca Phelps-Davis, 46, gave opening statements Tuesday in addition to attorney Jonathan Katz, who is representing the Kansas church.

U.S. District Judge Richard Bennett instructed jurors that the First Amendment protection of free speech has limits, including vulgar, offensive and shocking statements. Bennett said the jurors 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.”

Snyder is seeking unspecified monetary damages in the case for invasion of privacy and intent to inflect emotional distress. The protests have inspired several state laws and a federal law about funeral protests, but the Maryland suit is believed to be the first filed by the family of a fallen serviceman.

Plaintiffs attorney Sean Summers said he planned to call a number of witnesses, including a psychologist who treated Snyder and a researcher who will discuss the benefits that funerals have on the grieving process, a process that has been forever marred for his client.

Summers told jurors that for the rest of Snyder’s life, his client will not only think of his son’s death, but also the protesters at the funeral.

Phelps-Roper told jurors she did not intend to harm anyone, adding the protesters did not disrupt the service.

Phelps-Roper said “we believe there is a God, there is a hell and it is our duty to preach about that,” adding that she and other church members believe the United States has digressed into a sinful nation, not unlike Sodom.