New Law Prohibits Protests Within 300 Feet Of Veterans' Funerals

UPDATED 08/15/11 7:10 a.m.

CHICAGO (CBS) - Those who protest military funerals will have to stand farther away from the ceremony site, under a new law signed by Gov. Pat Quinn over the weekend.

The measure expands a 2006 law, called the "Let Them Rest in Peace Act." The expansion requires protestors to stand at least 300 feet away from the site, instead of 200, and it doesn't allow protests to occur within 30 minutes before or after the funeral.

LISTEN: WBBM Newsradio's Lisa Fielding reports

The impetus for the law was the actions of the anti-gay fundamentalist group the Westboro Baptist Church, which is infamous for staging protests outside military funerals and claiming that American soldiers are being killed as divine retribution for the country's acceptance of homosexuality.

"Every family has a fundamental right to conduct a funeral with reverence and dignity," Quinn said in a news release. "This law ensures that the families of those who have given their lives for our country can grieve without harassment. It is our duty to honor their sacrifice by ensuring they are remembered with the respect and solemnity."

State Rep. Kay Hatcher (R-Yorkville) sponsored the bill.

"Anytime we read a newspaper, we need to thank a veteran, or we vote, we need to thank a veteran," Hatcher said. "I'm grateful for this opportunity to bring a little bit of peace into many people's lives, and still support the very important freedom of speech."

Supporters of the bill are confident it will pass constitutional muster, as a federal appeals court determined 300 feet is a reasonable distance. The law took effect immediately upon Quinn's signature.

WBBM Newsradio's Lisa Fielding talked to a former member of the military about the new restrictions. David Zerbe recently retired after serving 36 years in the Army, including six years with a public affairs detachment in west suburban Forest Park.

He says protesters have rights, but fallen soldiers deserve respect.

"You know, it's already said that we lost a service member in the line of duty, and it's no different than a police officer or a firefighter," Zerbe said.

The state law follows a March decision by the U.S. Supreme Court, which ruled that the Westboro members were within their First Amendment rights in protesting funerals. Following the passage of the Illinois law, a Westboro member called it unconstitutional and said the church would continue its protests as it fights the laws in court.

"They can make (the ban distance) 100 miles, and it changes exactly nothing," said Margie Phelps, a lawyer and the daughter of Westboro pastor Fred Phelps. "You all are delusional if you think you're going to win this one."

The Sun-Times Media Wire contributed to this report.

(TM and © Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS Radio and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. The Associated Press contributed to this report.)