Supreme Court affirms Fred Phelps's right to be ugly

By Jonathan Capehart

When I read the breaking news alert this morning, I almost fell out of my chair. "Supreme Court upholds Westboro Baptist Church's right to stage anti-gay protests at funerals of U.S. troops." And after the initial shock wore off, I recognized that the near-unanimous ruling was the right decision.

Look, Fred Phelps and his Westboro Baptist Church are engaged in a vile, hurtful, disrespectful and obnoxious family enterprise. They picket the funerals of men and women killed in action because, as the charming signs in the picture demonstrate, they believe military deaths are God's revenge for growing national acceptance of gay men and lesbians. "America is doomed for its acceptance of homosexuality," according to an undated pamphlet quoted by the Southern Poverty Law Center. "If God destroyed Sodom and Gomorrah for going after fornication and homosexuality then why wouldn't God destroy America for the same thing?"



Albert Snyder sued the "church" after members of the Phelps family picketed the 2006 Maryland funeral of his son, Marine Lance Cpl. Matthew Snyder, who was killed in Iraq. But the Supreme Court rejected Snyder's contention that the demonstrations caused emotional distress, were an invasion of privacy and violated his right to free exercise of religion and peaceful assembly.

Westboro addressed matters of public import on public property, in a peaceful manner, in full compliance with the guidance of local officials. It did not disrupt Mathew Snyder's funeral, and its choice to picket at that time and place did not alter the nature of its speech. Because this Nation has chosen to protect even hurtful speech on public issues to ensure that public debate is not stifled, Westboro must be shielded from tort liability for its picketing in this case.

As reprehensible as their beliefs and actions are, the Phelpses are guaranteed under the Constitution the right to be ugly. Really ugly.