Laclede County officials give in to Phelps, Westboro Church of God

Members of the extreme Westboro Church of God can protest at military funerals in Laclede County, Missouri, to their hearts' content.

Notice of a consent judgment between Shirley Phelps-Roper, the church member who was suing county officials was filed today in U. S. District Court for the Western District of Missouri.

The notice, filed by ACLU lawyer Anthony E. Rothert, who represented Ms. Phelps-Roper and the church, says the judgment "permanently enjoins defendants Wright and Wrinkle in their official capacities and Laclede County, Missouri. their employees, representatives, agents, servants, assigns, and successors from enforcing or attempting to enforce" the Missouri state statute barring the protests at soldiers' funerals.

Among the defendants remaining in the case are Gov. Jay Nixon, Attorney General Chris Koster, Missouri Highway Patrol Superintendent James Keathley, and Lebanon Police Chief Raymond Blackburn.

The history of the case was outlined in a motion filed Sept. 2, 2008, in U. S. District Court for the Western District of Missouri:

"Phelps-Roper alleges that her religious beliefs dictate that 'homosexuality is the worst of all sins and indicative of the final reprobation of an individual.' "

“Because of this belief, the motion said, "Phelps-Roper and the WBC believe that "God is punishing American for the sin of homosexuality by killing Americans, including soldiers." WBC members regularly picket outside of public buildings, churches, parks, and funerals, including the funerals of individuals who have died while serving the United States in Iraq.

“On Jan. 26, 2007, the court ruled against Ms. Phelps-Roper, but she filed an appeal and the stay was issued in February 2007 and has been in place since that time.

“The Eighth District Court of Appeals overruled the district court Dec. 19, 2007, saying the case should be reopened since there was a chance that Ms. Phelps-Roper could prevail, though the decision was careful to say it was not commenting on the Missouri law's constitutionality.”

The constitutionality of Missouri's law is not yet been decided by the court, but an appellate court decision late last year allowed the protests to continue until a ruling is made. The text of that court ruling can be found in the Oct. 31, 2008, Turner Report.