Is new law necessary?

(Published April 25‚ 2006)

Perhaps police need a legal means to prevent people from protesting at funerals, but it's unfortunate that state lawmakers find it necessary to pass a law to prevent every new example of reprehensible behavior.

A South Carolina Senate subcommittee unanimously approved a bill recently that would make it a misdemeanor to picket within 1,000 feet of a funeral service. Senators were motivated by the actions of members of a Topeka, Kan., Baptist church who have demonstrated around the nation at funerals for U.S. soldiers killed in Iraq. The protesters claim the soldiers were killed because God is punishing America for tolerating homosexuality.

South Carolina now joins 29 other states in considering such legislation this year. Eight states already have enacted new laws barring picketing near funeral services.

We agree that these demonstrations are unacceptable behavior. But it is sad that we, as a society, seem to have no effective means of redress for such acts other than to pass a new law.

Ideally, the court of public opinion should be enough. Those with the temerity to interrupt a funeral service with a political message should be castigated and reviled at every turn. Their neighbors should shun them, and their message and tactics should be repudiated by civilized citizens at every opportunity.

We suspect that the funeral demonstrations are simply the outrage of the week. If they were ignored, they probably would cease. By introducing legislation to ban these protests, they may be getting far more attention than they deserve.

We also wonder whether the bans will work as intended. A misdemeanor fine might not be stiff enough to deter the protests. Worse, it might encourage the demonstrators to play the role of martyr and go to jail. If so, the ban could have the effect of giving the protesters even more publicity.

Nonetheless, we share the outrage of those who seek to put a stop to these demonstrations. Families deserve the right to grieve in peace without the intrusion of misguided and, apparently, heartless picketers with a political ax to grind.

Perhaps police need a legal justification to force the demonstrators to scram. We wonder, though, what happened to shame, civility and a sense of self-restraint.

IN SUMMARY

It is unfortunate that public outrage is not enough to discourage funeral protesters.

Copyright © 2006 The Herald, Rock Hill, South Carolina