Sebelius signs ban on funeral protests
Governor joined by members of Patriot Guard at ceremony

Surrounded by members of the Patriot Guard, Governor Kathleen Sebelius today signed a ban on funeral protests into law during a ceremony at the State Capitol.

“We’re deeply grateful to the men and women who have made such immense sacrifices on behalf of our nation, and to their families.  That anyone would try to disrupt the funeral of a fallen soldier, or any Kansan, is reprehensible and this law will put a stop to that sort of disgraceful act,” Sebelius said.

The ban makes Kansas one of at least 33 states to restrict picketing at funerals.

“It’s unfortunate this appalling practice has been exported to other states, and it’s time Kansas joined the majority of states in insulating families and loved ones from these hateful messages,” Sebelius said.

Under the law, protests will be prohibited from being within 150 feet of a funeral for one hour before, during and two hours after the service.  It also will be unlawful to block a public street or sidewalk.

Violators will be subject to fines of up to $1,000 and six months in jail and family members will be able to sue individuals who defame the deceased.

During the signing ceremony, Sebelius also thanked the Patriot Guard for their actions to help protect mourners from protests.

“We’ve been very fortunate to have the Patriot Guard to provide a shield for families, and I want to thank all of you for truly honoring the sacrifices made by our military men and women,” Sebelius said.

The bill will not take effect until Attorney General Paul Morrison makes a preemptory challenge of the law’s constitutionality to the Kansas Supreme Court or a federal district court.  This will ensure that no damage award will go to protesters should the law be found to be unconstitutional, however Sebelius said she was confident it would meet court muster.

“I’m certain the ban on funeral protests will be found to be constitutional and will become the law of the land,” Sebelius said.

The bill number is SB 244 and it is the 111th bill signed by Sebelius during the 2007 Legislative Session.  She has vetoed one bill.

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