The demonstrators, affiliated with a Topeka, Kansas church, believe God is killing American service members because the nation tolerates homosexuality.

According to news reports, demonstrators have shouted abuse at mourners and carried signs reading “God Hates the U.S.A.”, “God Hates Your Tears”, and “Thank God for IEDs” (Minneapolis Star-Tribune 2/24/06; New York Times, 4/17/06).

“Who would inflict such cruelty on a family during its most difficult hour?” said Abercrombie.  “The last thing a parent, spouse, or child needs to see when they bury a loved one is a sign reading, ‘God hates you’ or to listen to abuse shouted at their funeral procession. Shielding mourners from these ordeals is the least we can do for them, and it’s fully consistent with the Constitution.”

Abercrombie cosponsored the Respect for America’s Fallen Heroes Act, which is endorsed by numerous veterans organizations.

The legislation will:

• Ban all demonstrations 60 minutes prior to and after funerals taking place at Department of Veterans Affairs’ national cemeteries or the Department of Army’s Arlington National Cemetery;

• Impose a 500-foot restriction on demonstrations at national cemeteries and Arlington National Cemetery;

• Make violations a Class A Misdemeanor with penalties up to $100,000 in fines or up to one year in prison; and

• Express the sense of Congress that all states should enact similar bans for state and private cemeteries, as well as funeral homes.

The restrictions are consistent with the 1988 U.S. Supreme Court ruling in Frisby v. Schultz, where the Court upheld regulations on the time, place, and manner of expression which are content-neutral, are narrowly tailored to serve a significant government interest, and leave open amply alternative channels of communication.

Additionally, federal appellate courts in 2001 and 2002 upheld the Department of Veterans Affairs’ authority to establish and enforce policies to protect the integrity of national cemeteries.

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