The Respect for America’s Fallen Heroes Act (Pub.L. 109–228, 120 Stat. 387, enacted May 29, 2006) is an Act of Congress that prohibits protests within 300 feet (90 m) of the entrance of any cemetery under control of the National Cemetery Administration (a division of the United States Department of Veterans Affairs) from 60 minutes before to 60 minutes after a funeral. Penalties for violating the act are up to $100,000 in fines and up to one year imprisonment.
The Act was sponsored by Mike Rogers, a Republican congressman from Michigan. It was introduced in large part to combat the campaign by Fred Phelps from the Westboro Baptist Church, of Topeka, Kansas. Phelps and his supporters regularly demonstrated at the funerals of American service members who were killed in the war in Iraq, on the grounds that the deaths are divine retribution for social tolerance of homosexuality. This form of protest is protected by the First Amendment.
The Act was approved by the House via roll call vote with an overwhelming majority of 408 to 3. Ron Paul (R-TX), David Wu (D-OR) and Barney Frank (D-MA) voted against the Act, opposing it on civil liberties and constitutional grounds. Twenty-one members of the House of Representatives did not vote. Barney Frank said of the vote, "I think it’s very likely to be found unconstitutional. It’s true that when you defend civil liberties you are typically defending people who do obnoxious things… You play into their hand when you let them provoke you into overdoing it. I don’t want these thugs to claim America is hypocritical."
The American Civil Liberties Union (ACLU) opposed the legislation, saying that the Act was unconstitutional and that it would not stand up in court. They said of a similar ban in Kentucky, "The ACLU lawsuit recognizes that Kentucky has an interest in showing respect and compassion for the deceased and for their families, but argues that sections of these laws go too far in prohibiting peaceful protests."
The Senate passed the bill unanimously. It was promptly signed into law by President George W. Bush on May 29, 2006.
The American Civil Liberties Union prevailed in a 2007 lawsuit challenging a similar state law in Missouri.
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“The essence of democracy is its assurance that every human being should so respect himself and should be so respected in his own personality that he should have opportunity equal to that of every other human being to “show what he was meant to become.””
—Anna Garlin Spencer (1851–1931)
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“On the whole, my respect for my fellow-men, except as one may outweigh a million, is not being increased these days.... Such do not know that like the seed is the fruit, and that, in the moral world, when good seed is planted, good fruit is inevitable, and does not depend on our watering and cultivating; that when you plant, or bury, a hero in his field, a crop of heroes is sure to spring up. This is a seed of such force and vitality, that it does not ask our leave to germinate.”
—Henry David Thoreau (1817–1862)
“Every act of rebellion expresses a nostalgia for innocence and an appeal to the essence of being.”
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