LOUISVILLE, Ky.-
Kentucky’s law forbidding protests within 300 feet of military funerals and memorial services was suspended temporarily Tuesday after a federal judge ruled it was too broad to serve its intended purpose.
The law passed earlier this year was aimed at members of a Topeka, Kan., church who have toured the country protesting at military funerals. The Westboro Baptist Church claims the soldiers’ deaths are a sign of God punishing America for tolerating homosexuality.
“The zone is large enough that it would restrict communications intended for the general public on a matter completely unrelated to the funeral as well as messages targeted at funeral participants,” U.S. District Judge Karen Caldwell wrote in a 37-page ruling issued in Frankfort.
Those found guilty of violating the law, which also applies to memorial services, wakes and burials, would face up to a year in jail.
About a dozen states have similar laws in place, and Congress passed a law earlier this year prohibiting protests at military funerals at federal cemeteries.
Kentucky Attorney General Greg Stumbo said he would consider an appeal.
“I believe that society has an interest in honoring its war dead. Funerals are times of sacred and solemn reflection which must be protected from aggressive disruption,” Stumble said in a statement.
The ACLU filed the lawsuit on behalf of Bart McQueary, a Mercer County man who has protested alongside the church members on three occasions.
A message left at Westboro Baptist Church was not immediately returned Tuesday.
During their protests, members carry such signs as “God Hates Fags” and “Thank God for IEDs,” the improvised explosive devices used by insurgents in Iraq.
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