Under God

Harry Reid vs. Westboro Church

By David Waters

Senate Majority Leader Harry Reid (D-Nev.) is inviting his colleagues to join his amicus brief in the Supreme Court in support of Marine Lance Corp. Matthew A. Snyder's family in their case against Westboro Baptist Church.

Snyder was killed in Iraq in 2006. At Snyder's funeral, members of Westboro Church waved signs saying "God hates the USA", "Thank God for Dead Soldiers" and signs with anti-gay slurs. The Snyder family sued the congregation, claiming privacy invasion, intentional infliction of emotional distress and civil conspiracy. A jury awarded the family more than $10 million.

In a decision in March, The 4th U.S. Circuit Court of Appeals reversed the lower court and ordered Snyder's family to pay $16,510.80 in court costs. The U.S. Supreme Court has agreed to hear the Snyder family's appeal.

In his letter to the Senate, Reid notes that (1) private funerals have long been accorded special protection by U.S. law; (2) state and federal statutes demonstrate the strong governmental interest in protecting private family funerals from disruption; and (3) the state's interest in protecting an individual's privacy at a peaceful private funeral outweighs the First Amendment interest in protecting the hateful speech and conduct at issue in this case.

"Senator Reid believes strongly that America owes the men and women of the Armed Forces and their families the right to a solemn memorial when they sacrifice their lives to protect America," according to a statement from democrats.senate.gov.

Hard to argue with that sentiment. And a U.S. Senator certainly has every right to file an amicus ("friend of the court") brief in any court case.

But why is a Nevada senator suddenly involving himself in a Pennsylvania family's four-year-old case against a Kansas church, ruled on by a Maryland jury and an appellate court located in Virginia?

Must be an election year.

By

David Waters

 |  May 27, 2010; 2:30 PM ET  |  Category:  Today's Topic Save & Share:  Send E-mail   Facebook   Twitter   Digg   Yahoo Buzz   Del.icio.us   StumbleUpon   Technorati  
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