BALTIMORE - A grieving father won a nearly $11 million verdict Wednesday against a fundamentalist Kansas church that pickets military funerals out of a belief that the war in Iraq is a punishment for the nation's tolerance of homosexuality.
Albert Snyder of York, Pa., sued the Westboro Baptist Church for unspecified damages after members demonstrated at the March 2006 funeral of his son, Lance Cpl. Matthew Snyder, who was killed in Iraq.
The federal jury first awarded $2.9 million in compensatory damages. It returned in the afternoon with its decision to award $6 million in punitive damages for invasion of privacy and $2 million for causing emotional distress.
Snyder's attorney, Craig Trebilcock, had urged jurors to determine an amount "that says don't do this in Maryland again. Do not bring your circus of hate to Maryland again."
The defense said it planned to appeal, and one of the church's leaders, Shirley Phelps-Roper, said the members would continue to picket military funerals.
"Absolutely; don't you understand this was an act in futility?" Phelps-Roper said.
Church members routinely picket funerals of military personnel killed in Iraq and Afghanistan, carrying signs such as "Thank God for dead soldiers" and "God hates fags."
Snyder claimed the protests intruded upon what should have been a private ceremony and sullied his memory of the event.
The church members testified they are following their religious beliefs by spreading the message that soldiers are dying because the nation is too tolerant of homosexuality.
Their attorneys maintained in closing arguments Tuesday that the burial was a public event and that even abhorrent points of view are protected by the First Amendment, which guarantees freedom of speech and religion.
A number of states have passed laws regarding funeral protests, and Congress has passed a law prohibiting such protests at federal cemeteries. But the Maryland lawsuit is believed to be the first filed by the family of a fallen serviceman.
The church and three of its leaders - Fred Phelps and his two daughters, Phelps-Roper and Rebekah Phelps-Davis, 46 - were found liable for invasion of privacy and intent to inflict emotional distress.
The group is confident the award will be overturned on appeal, Phelps said
"Oh, it will take about five minutes to get that thing reversed," he said.
Earlier, church members staged a demonstration outside the federal courthouse. Phelps held a sign reading "God is your enemy," while Phelps-Roper stood on an American flag and carried a sign that read "God hates fag enablers." Members of the group sang "God Hates America" to the tune of "God Bless America."
Snyder sobbed when he heard the verdict, while members of the church greeted the news with tightlipped smiles.
It was unclear whether the plaintiffs would be able to collect the damages awarded.
Before the jury began deliberating the size of punitive damages, U.S. District Judge Richard Bennett noted that the size of the compensatory award "far exceeds the net worth of the defendants," according to financial statements filed with the court.
Defense lawyer Jonathan Katz said the church has about 75 members and is funded by tithing.
The defense attorney said that the assets of the church and the three defendants are less than a million dollars and that the compensatory award is about three times the defendants' net worth, mainly in homes, cars and retirement accounts.
One of Snyder's attorneys, Sean Summers, said he would tirelessly seek payment of the award.
"We will chase them forever if it takes that long," Summers said.
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I just read that and was about to post it. Those nuck futs have been parading around hoping to stir someone up enough to act on their emotions, that way they could sue them. This guy beat them at their own game.
I doubt Snyder will ever get the full value of the judgment, but its nice to know if fortune befalls Phelps' circus, it won't be long lived.
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Frankly, I think the honor guard ought to load up some live rounds, and lower their aim a tad during the 21-gun salute...
Big Duane... There are appropriate times and places for the exercise of "free speech". Picketing a military funeral with signs saying "Thank God for Dead Soldiers" is not acceptable. Ever. End of Story.
Duane, Sometimes wrong is wrong. What these people are doing is wrong. One of the way's these folks get their money is insighting someone into doing something stupid and suieing them.
Freedom of speech only goes so far.
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RE: Lawsuit verdict that made me smile
Totally over blown and indicative of the litigious society we live in. Wrong to protest at any funeral much less a military one. The religious society should have been arrested for disturbing the peace...unless they were given a permit to protest which would be unlikely. I don't see it as a freedom of speach or even a religious issue.
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None of our rights (from the Bill of Rights)are absolute, are they? The age old example of yelling "fire" in a crouded theater is an example of a limit to free speech. Not sure if tasteless pickets at a funeral rise to the same level as that, but a jury seems to think so, and that's our system at work. Wait for the appeal to see the system continue. Heck, it might reach the Supreme Court. Who knows.
Personally, I find the church's actions deplorable. I'd like to see their protests shut down. I'm waffling, I guess. One has to become emotionally detatched from the case, and judge objectively if it is legal or illegal, right or wrong.
Lawsuit verdict that made me smile
