[Washington, D.C.] – With U.S. troops in harm’s way around the world, U.S. Senators Dick Durbin (D-IL), Saxby Chambliss (R-GA), Evan Bayh (D-IN) and Kent Conrad (D-ND) introduced The Respect for the Funerals of Fallen Heroes Act, S.4042, saying it is disgraceful for any American to disrupt the funeral of a U.S. servicemember or veteran. The Senators said they authored the legislation after being disgusted by the scores of protests that have occurred at military funerals nationwide.

“Our nation owes our soldiers, our fallen heroes and all our veterans a debt of thanks that can never be repaid,” Senator Durbin said. “We can show them and their families our gratitude by guaranteeing that our military will be the best equipped and best trained force in the world, that our veterans will have the services they deserve, and that those who have served our nation will be laid to rest with dignity and honor.”

“This legislation has been carefully drawn to respect not only our veterans but also our constitutional freedoms,” Durbin added. “It addresses conduct, not content, a critical element in protecting our freedoms of expression.”

“Our military men and women who have paid the ultimate sacrifice deserve to have a funeral with honor and dignity,” said Chambliss, a member of the Senate Armed Services Committee. “It’s only right that the family members of our fallen military men and women have peace and respect at this very difficult time.”

“Our troops are among the most selfless and idealistic people I have met, and they should be buried with the dignity they have earned,” Senator Bayh said. “They represent America at its finest. The protesters who have tried to disrupt funerals in Indiana and elsewhere represent the worst. This legislation will provide needed protection to all our servicemembers and veterans, regardless of where they are laid to rest.”

“Disrupting military funerals goes beyond the bounds of decency. It must stop and it must stop now,” Senator Conrad said. “There is no greater act than to lay one’s life down in the defense of our nation. We must honor the sacrifice of our fallen soldiers and allow their families to mourn with peace and dignity. The final resting place for these soldiers is hallowed ground.”

In May 2006, Congress passed and the President signed into law the Respect for America’s Fallen Heroes Act, which prohibits demonstrations at and around federal cemeteries. However, there are only 121 federal cemeteries in the United States. Approximately 90,000 veterans are buried each year at federal cemeteries, which are covered by the law passed in May. The legislation would expand coverage of the demonstration ban to the funerals of 650,000-700,000 veterans who die each year in the United States.

The Respect for the Funerals of Fallen Heroes Act would build on the current law by providing similar protection for the funerals of all deceased members or former members of the Armed Forces, not only at federal cemeteries but also at private cemeteries, funeral homes, and houses of worship.

The National Military Family Association has endorsed the legislation because it bans “demonstrations in ALL military funerals. Grieving military families, who had made the ultimate sacrifice, should not be subjected to these intrusions…This legislation will provide military families the opportunity to mourn in a peaceful environment.”

“As President of the Illinois Council of Chapters of the Military Officers Association of America (MOAA), I represent over 6,000 MOAA members, who live in our state, plus their family members and survivors. I believe that the 34,000 plus military retirees and all the other veterans in the state of Illinois would agree that federal legislation is needed to ban demonstrations at the funerals of all our veterans, wherever they are held,” wrote retired U.S. Army Colonel Aaron J. Wolfe.

Under the legislation, it would be a criminal misdemeanor – punishable by a fine or up to one year in jail – for any person to (1) make any noise or diversion within the boundary of or within 150 feet of a military funeral location that intentionally disturbs the peace and good order of the funeral, or (2) intentionally impede access to or from the funeral within 300 feet of the funeral location.

The legislation has also been endorsed by the Military Officers Association of America. In a letter to Durbin, MOAA’s Director of Government Relations, retired Air Force Colonel Steven P. Strobridge, wrote, “Those who have laid their lives on the line for our Nation deserve better than to have their families harassed by extremist elements in their hours of grief. We strongly support your efforts to protect them and their families, and pledge to assist however we can in securing enactment of your proposed legislation.”

The Respect for the Funerals of Fallen Heroes Act is consistent with the First Amendment according to University of Chicago law professor and First Amendment scholar Geoffrey Stone, and the bill is within Congress’s lawmaking power according to an analysis conducted by the Congressional Research Service.