Missouri House OKs ban on funeral protests, sends measure to governor

JEFFERSON CITY, Mo. -- The House on Tuesday approved a bill banning protests near funerals an hour before to an hour after a service, sending the measure to the governor.

The legislation, a response to a recent protest at the St. Joseph funeral of a soldier killed in Iraq, sets no limit on how close protesters can get. But lawmakers said that before the session ends in May, they plan to pass a second measure specifically prohibiting protests within 300 feet of a funeral.

Missouri is one of at least 14 states considering restrictions on funeral protests because of the actions of the Westboro Baptist Church of Topeka, Kan. The nondenominational church claims soldiers are being killed as divine retribution because the United States tolerates gays.

Unlike most bills, which don't become law until the fall after they are passed, the bill passed Tuesday would take effect as soon as the governor signs it.

The House voted Thursday to limit funeral protests to more than 300 feet. But on Tuesday, the House receded from that vote and instead passed a Senate version with the more general restriction by a 138-14 vote.

Rep. Beth Low, D-Kansas City, who opposed the bill Tuesday, said the protests are wrong, but she believes the courts will strike down attempts to limit protests at funerals.

Sen. Charlie Shields, who sponsored the Senate version, said the two proposals would complement each other and should allay constitutional concerns.

"Realizing that there are varied opinions on it and realizing that there very likely will be a court challenge, I think it makes sense to have a back up position," Shields, R-St. Joseph, said.

Rucker said the second version would have stiffer penalties because violators would be closer to family members.

Under the bill passed Tuesday, the penalty for protesting an hour before or after a funeral would be capped at a $500 fine and six months in jail -- or $1,000 and one year for repeat offenders.

For people who protest closer than 300 feet, the penalties would increase to a maximum of a $1,000 fine and a one-year jail term. Repeat offenders could face a $1,000 fine and four years in prison.

Shields said he believed the use of the stiffer penalties would be limited. The protesters in St. Joseph that prompted the legislation were more than 300 feet away from the front gate of the funeral home and would not have been affected. Furthermore, the proposal's language is unclear whether the 300 feet is measured from the edge of the property line or whether it's measured from where the service is taking place.

Rucker, who will be having surgery on his hip and will not return until March, said the House would discuss the second proposed ban when he returns.

The House also gave first-round approval Tuesday to two proposed constitutional amendments -- one asking voters to approve a ban on taxing veteran's organizations such as the American Legion and the other excusing soldiers deployed in a combat zone for at least one year from personal property taxes on possessions such as cars.

Both constitutional amendments must be voted on again in House and approved by the Senate before they can be placed on the November ballot.