Respect for America's Fallen Heroes Act
Encyclopedia
The Respect for America’s Fallen Heroes Act 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
. While protest is normally protected by the First Amendment
, fighting words
are not.
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.
Act of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
that prohibits protests within 300 feet (90 m) of the entrance of any cemetery under control of the National Cemetery Administration
United States National Cemetery
"United States National Cemetery" is a designation for 146 nationally important cemeteries in the United States. A National Cemetery is generally a military cemetery containing the graves of U.S. military personnel, veterans and their spouses but not exclusively so...
(a division of the United States Department of Veterans Affairs
United States Department of Veterans Affairs
The United States Department of Veterans Affairs is a government-run military veteran benefit system with Cabinet-level status. It is the United States government’s second largest department, after the United States Department of Defense...
) from 60 minutes before to 60 minutes after a funeral
Funeral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...
. 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
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
from Michigan. It was introduced in large part to combat the campaign by Fred Phelps
Fred Phelps
Fred Waldron Phelps, Sr. is an American pastor heading the Westboro Baptist Church , an independent Baptist church based in Topeka, Kansas...
from the Westboro Baptist Church
Westboro Baptist Church
The Westboro Baptist Church is an independent Baptist church known for its extreme stance against homosexuality and its protest activities, which include picketing funerals and desecrating the American flag. The church is widely described as a hate group and is monitored as such by the...
, of Topeka, Kansas
Topeka, Kansas
Topeka |Kansa]]: Tó Pee Kuh) is the capital city of the U.S. state of Kansas and the county seat of Shawnee County. It is situated along the Kansas River in the central part of Shawnee County, located in northeast Kansas, in the Central United States. As of the 2010 census, the city population was...
. 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
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
. While protest is normally protected by the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, fighting words
Fighting words
Fighting words are written or spoken words, generally expressed to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction...
are not.
The Act was approved by the House via roll call vote with an overwhelming majority of 408 to 3. Ron Paul
Ron Paul
Ronald Ernest "Ron" Paul is an American physician, author and United States Congressman who is seeking to be the Republican Party candidate in the 2012 presidential election. Paul represents Texas's 14th congressional district, which covers an area south and southwest of Houston that includes...
(R-TX
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
), David Wu
David Wu
David Wu is an American politician who served as the U.S. representative for from 1999 to 2011. He is a member of the Democratic Party.The district includes most of Portland west of the Willamette River, as well as all of Yamhill, Columbia, Clatsop, and Washington Counties...
(D-OR
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
) and Barney Frank
Barney Frank
Barney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
(D-MA
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
) voted against the Act, opposing it on civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
and constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
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
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
(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
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
, "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
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on May 29, 2006.