KANSAS CITY, Mo. (AP) – A federal appeals court agreed Wednesday
to take another look at whether a St. Louis suburb can enforce a
funeral protest ordinance drafted in response to the picketing of
an anti-gay Kansas church – a move that could push the issue closer
to the U.S. Supreme Court.

The full 8th U.S. Circuit Court of Appeals in St. Louis will
meet Jan. 9 to reconsider a three-judge panel’s October ruling in
favor of members of Westboro Baptist Church of Topeka, Kan. In the
now-vacated ruling, the panel upheld a district court ruling,
saying peaceful protests near funerals are protected by the First
Amendment’s right to free speech.

Tony Rothert, an attorney for the American Civil Liberties
Union, which represented Westboro members Shirley and Megan
Phelps-Roper, said the decision to rehear the case wasn’t
surprising given that the circuit courts have been divided over the
constitutionality of the funeral protest laws that have been
cropping up since Westboro members began protesting at military
funerals. The members often hold signs containing such messages as,
“Thank God for dead soldiers” and “Thank God for 9/11.” Church
members claim the deaths are God’s punishment for American
immorality and tolerance of homosexuality and abortion.

Last year, a federal judge in Kansas City, Mo., struck down
Missouri’s funeral protest statute as unconstitutional and an
appeal has been filed to the 8th Circuit. A ruling in the 6th
Circuit in Ohio favored the protest laws.
Earlier this year, the U.S. Supreme Court ruled 8-1 in favor of
Westboro Baptist Church in a lawsuit filed by Albert Snyder, the
father of a fallen Marine who sued the church for the emotional
pain they caused by showing up at his son Matthew’s funeral.
However, the Supreme Court didn’t specifically address the funeral
protest laws.

The suburb of Manchester adopted its ordinance banning peaceful
funeral protests in 2007. The 8th Circuit panel’s October ruling
meant Manchester could no longer enforce the ordinance and stalled
a Nebraska funeral-picketing law. The 8th Circuit panel found a
district court should have blocked the Nebraska funeral picketing
law from being enforced.

Unless the full 8th Circuit reaches a different conclusion than
the three-judge panel and sides with the 6th Circuit, the issue
could be headed back to the Supreme Court, Rothert said. He said
the Supreme Court rehears cases when there are splits in circuits
or questions of exceptional importance.

“This revolves around the First Amendment, so both sides argue
that this is a case of exceptional importance,” he said.

The Lincoln Journal Star reported that
Nebraska Attorney General Jon Bruning hailed Wednesday’s
announcement that the federal appeals court will review the
Missouri case.

“We continue to believe the families of fallen soldiers should
be protected from the hateful protests of Westboro Baptist Church
members – they deserve to grieve in peace,” he said.