Arizona’s Anti-Westboro Baptist Bill Modeled After Ohio Legislation

Start your day with TPM.
Sign up for the Morning Memo newsletter

TUCSON, AZ — The Arizona state legislature’s plan to limit the ability of members of the infamous Westboro Baptist Church to protest the funerals of victims of the mass shooting over the weekend is gathering overwhelming bipartisan support.

State legislators said that Arizona’s bill will be modeled after an Ohio bill that was upheld by federal courts.

The Westboro Baptist Church announced shortly after the mass shooting that killed six individuals and gravely injured Rep. Gabrielle Giffords (D-AZ) that they would picket the funerals of “however many are dead” including a nine-year-old girl. The group came to national prominence protesting the funerals of soldiers killed in Iraq, claiming the deaths are God’s punishment for the country’s immoral attitude towards homosexuality.

Daniel Scarpinato, communications director for state House speaker Kirk Adams (R), told TPM that Adams “thinks it is extremely important that this pass today.”

Scarpitano said Adams finds the Westboro Baptist Church “disgusting” and is working hard behind the scenes in Phoenix today to get the anti-protest bill passed.

Proponents of the bill expect it will fly through both houses of the legislature. In the Senate, the bill is being pushed by Democratic leaders, while Adams is the sponsor of the legislation in the House.

Supporters do not expect much opposition to the law like that from Pima County Republican Party Chair Brian Miller, who told TPM last night he fears the law, while well intentioned, would be a violation of free speech rights.

Ohio had a law regulating protests at funerals since 1957, but amended and broadened its funeral-picketing law in 2006, according to the First Amendment Center. That law barred protests for one hour before and one hour after a funeral procession within a 300-foot buffer zone.

The Ohio law was upheld by the 6th U.S. Circuit Court of Appeals, but the U.S. Supreme Court heard an appeal from the Westboro church in October. They are expected to issue a decision by the late spring.

A spokesman for Gov. Jan Brewer confirmed to TPM that she would sign the bill if it reaches her desk. The law would go into effect immediately. That would make it one of the most quickly passed and implemented laws in the history of Arizona.

With or without the legislation, plans are in place to keep Westboro away from the funerals here in Tucson. The county Democratic and Republican parties have both signed on to a plan to block Westboro protesters with a line of counterprotestors supporting the mourners.

Late Update: Here’s the language of the bill.

Ryan J. Reilly reported from Washington. Melissa Jeltsen contributed to this report. [Ed. note: this story was updated after publication.]

Latest DC
Comments
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Associate Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: