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thedrifter
12-08-06, 02:02 PM
December 08, 2006
Bill would expand funeral protection from protests

By Rick Maze
Staff writer

A bill that would expand the protective buffer against protesters at military funerals passed the Senate by voice vote Thursday night.

The bill, S 4042, would add funeral homes, churches and private cemeteries to the places where protesters must, under federal law, remain far enough from services to avoid disruption. Current law provides protection only at federal cemeteries.


The chief sponsor of The Respect for Funerals of Fallen Heroes Act, as the bill is named, is Sen. Richard Durbin, D-Ill., but it has bipartisan support and backing from the National Military Family Association and the Military Officers Association of America.

Durbin aides said they hope the House of Representatives will take up the bill before the current session of Congress ends, which could be as early as Friday.

Some concerns have been raised that stopping protesters from disrupting funerals would impede free speech guarantees under the Constitution, but Durbin said the bill was “carefully drawn to respect not only our veterans but also our constitutional freedoms.”

The bill “addresses conduct, not content, a critical element in protecting our freedoms of expression,” Durbin said.

Specifically, the bill prohibits anyone from disrupting a funeral by noise, by disturbing the peace or by blocking access. The ban keeps protesters at least 150 feet from a funeral for 60 minutes before and after a service. Violating the law would be a misdemeanor punishable by a fine or up to one year in jail.

Sen. Saxby Chambliss, R-Ga., one of the bill’s cosponsors and a member of the Senate Armed Services Committee, said the idea is to ensure that a funeral can be conducted with honor and dignity.

“It is only right that family members of our fallen military men and women have peace and respect at this very difficult time,” Chambliss said.

Ellie