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Monday, January 22, 2007

Pedersen Defends Phelps?

posted by on January 22 at 12:35 PM

As I noted on Slog on Friday, a bill banning protests around funerals was up in the House today.

The bill, which prohibits protests within 500 feet of: a funeral or burial; a funeral home during the viewing of a deceased person; the location of a memorial service; or a funeral procession if the person knows that the procession is taking place, passed 89-5 this morning.

The bill was targeted at famed homophobe Rev. Fred Phelps, who made it his business to protest outside of war vet funerals to make the point that our casualties in Iraq were God’s punishment for our acceptance of homosexuals. Say wha?

Phelps started stalking funerals (like Matthew Shepard’s) back in 1998, and upped the ante in recent years by protesting at funerals of U.S. soldiers. Says Phelps: “Military funerals are pagan orgies of idolatrous blasphemy where they pray to the dunghill gods of Sodom and play taps to a fallen fool…”

And so, it may seem a bit odd that the main dissenter on the bill was gay Rep. Jamie Pedersen (D-43, Capitol Hill, U-District, Wallingford).

I’ve linked Pedersen’s floor speech below, but the bottom line, Pedersen told me, is that banning protests within 500 feet of a funeral procession—which can go for miles— gives the government too much power to shut down protests. (Indeed, the ACLU has filed briefs on behalf of Phelps against similar laws in Ohio and Missouri aimed at shutting down funeral protests.) “It’s a First Amendment issue,” Pedersen says.

Given that legislation aimed at reigning in funeral protests wasn’t a top priority until the military protests (as opposed to the late 90s protests aimed directly at gays) Pedersen quips: “In my cattier moments, I noticed there wasn’t a rush of legislators to protect funerals around the time of Phelps’s Shepard protest.”

Two other Seattle-area Reps joined Pedersen. Voting Nay: Rep. Bob Hasegawa (D-11, South Seattle) and Rep. Jim McIntire (D-46, North Seattle).

Pedersen’s floor speech is after the jump.

Thank you, Mr. Speaker. I rise with great reluctance to address a bill that pulls me in two different directions.

On the night of October 6, 1998, a student at the University of Wyoming named Matthew Shepard was brutally beaten and left to die outside of Laramie, Wyoming because he was gay. Matt never regained consciousness and died six days later, with his parents Dennis and Judy at his side.

Matt’s parents were then forced to face something that no grieving person should ever have to face. The Rev. Fred Phelps and his congregants from Westboro Baptist Church in Topeka, Kansas arrived to protest at the funeral and held picket signs and chanted slogans such as “Matt Shepard rots in Hell” and “God Hates Fags”.

Delighted with the attention that this despicable action drew, Rev. Phelps and his crew have continued for the last eight years to torment the families of gay and lesbian people by protesting at their funerals.

So for me as a gay man, this message of hate is one that stings deeply. I condemn it and wish that Rev. Phelps would have the common decency to let grieving families grieve in peace.

But I am also a civil rights lawyer who has made a pledge to defend the Constitution. Central to our Constitution are the freedom of speech and the freedom of assembly – and the idea that if the government wants to restrict these freedoms, it must do so in the narrowest way possible, consistent with defending a compelling interest.

I respect the effort that this bill makes to protect grieving families from being subjected to such hateful protests at funerals, viewings, and burials. But this bill also bans protests in a 1000 foot-wide zone around funeral processions, which could go on for miles. And so in my view, it unduly burdens our First Amendment freedoms. If these freedoms protected only popular viewpoints, they would not be necessary.

Rev. Phelps claims that the deaths of our soldiers are God’s punishment on the United States because of its tolerance of homosexuality. As President Kennedy observed, “We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies, and competitive values. For a nation that is afraid to let its people judge the truth and falsehood in an open market is afraid of its people.”

It would have been my preference to offer an amendment to the bill to address these concerns – but it is the preference of our leadership that this bill be passed quickly. And so it is with great reluctance that I must vote against this bill.

RSS icon Comments

1

I think his statement is eloquent, heartfelt and pretty much right on the money.

Posted by flamingbanjo | January 22, 2007 12:47 PM
2

Jamie is not defending Phelps. He is defending the First Amendment to the Constitution, and I stand with him.

Posted by ivan | January 22, 2007 12:53 PM
3

Thanks Jamie! As this issue points out, things are not always as they appear. Well done, I appreciate the distinction that you have made and hope that the bill or eventual law is adjusted at a later date.

Posted by well said | January 22, 2007 12:56 PM
4

I hate Phelps and I hate Nazi's. But the First Amendment is there to protect everyone, even Phelps and even Nazi's. I think what he did at Matthew Shepard's funeral was gross and disgusting. This is one those difficult areas between what our guts tell us is right and about a legal standard that has broad implications. Seems like Jamie took a principled and unpopular position. I admire him for that.

Posted by Mrs. Y | January 22, 2007 12:57 PM
5

I remember when the Sheppard protests happened. The week after, LIFE magazine printed photos of the activists. One of them - decorated with medals and badges from the Vietnam and Korean wars - held a sign that said "Freedom of Choice is the Right to Hate."

His sign was right, and he risked life and limb for his right to hold it.

Posted by JAK | January 22, 2007 1:03 PM
6

Personally, this is a waste of space considering it. The local cemetary in Kent used for military funerals has all the ceremonies far away from the entrance, I think it's almost half a mile, from the last one I was at (my ex-father-in-law, former BSM of Fort Lewis). And the others up here on Magnolia are similarly screened. Having been to a lot of military funerals, that seems reasonable.

Posted by Will in Seattle | January 22, 2007 1:10 PM
7

It seems the bill could be more carefully tailored to what they're trying to prohibit - hate speech meant to (or likely to) incite violence. I don't think Phelps and his ilk should be covered by the First Amendment because of the ferocity of his hate speech. The First Amendment isn't, and shouldn't be, limitless.

Posted by him | January 22, 2007 1:27 PM
8

Hey, I had a “pagan orgy of idolatrous blasphemy” at my house on Saturday night!

Posted by Original Andrew | January 22, 2007 1:28 PM
9

I love a good pagen orgy of idolatrous blasphemy.

I'm with Jamie. I don't like Fred and family at all. They are a sad sad sad group of people who I don't ever want to lose their voice. Our best defense against a guy like Fred is Fred himself. That way I get to point to all the other Jesus lovers and say... "yeah, he's on YOUR side... how does that make you feel?"

Posted by monkey | January 22, 2007 1:44 PM
10

Jamie's a "civil rights lawyer"? I thought he helped large corporations quash competition. Hmm.

Posted by DOUG. | January 22, 2007 3:20 PM
11

@5,

The Korean and Vietnam wars defended American freedoms?

Posted by keshmeshi | January 22, 2007 3:40 PM
12

My god, a man of principle and conviction in government? Upholding the Constitution, no less? He clearly has no future.

Posted by BC | January 22, 2007 3:47 PM
13

It's sad when the press -- especially the far left press, such as The Stranger -- doesn't get the First Amendment. It's time to realize that your opposition to Pedersen was not well-thought out.

Posted by First Amendment Lover | January 22, 2007 6:23 PM
14

Huh? Opposition to the First Amendment?

My post doesn't say anything about supporting the bill. It gives Pederesen the microphone to make his point.

"Realize that our opposition to Pedersen was not well-thought out." ...

Ummm, well, here we are giving him the microphone, and (I thought) props for his dissent. And, presumably, this is where you found out about it.

So, it strikes me, that's giving Pedersen some play and props.

Posted by Josh Feit | January 22, 2007 8:00 PM
15

Here is a gift from our freedom of speech:

http://www.youtube.com/watch?v=3MRWqlf_8M8&eurl=

Posted by patrick C | January 22, 2007 8:51 PM
16

You know, Josh, after I posted my comment, I went back and re-read your post. You are right, I was wrong. Your post isn't critical of Pedersen for supporting the First Amendment.

That said, your failure to say in the post whether you support Pedersen's position leaves the reader wondering where your sympathies lies, especially given your previous criticisms of Pedersen. That's the point I should have made.

Posted by First Amendement Lover | January 22, 2007 8:52 PM
17

First Amendment Lover,

I support Pedersen's position.

I'm not sure what you think my previous criticisms of Pedersen were. (Currently, I have some issues with the 62-year-olds clause in the DP bill.)

Savage criticized Pedersen here on Slog over an incident from early 2004 where Pedersen made some insulting comments about Dan in the press without ever talking to Dan about the issue.

Eli Sanders wrote two or three very positive articles about Pedersen in the Stranger news section, which I edited and assigned.

Our edit board decided to include Pedersen when we winnowed down the primary candidates for a second round of interviews from 6 to 3. So, while we ended up endorsing Pure out of the six, Pedersen made it much further than Sherman, Dodson, or Kelley. And, truth be told, of the 3, it came down to Pure v. Pedersen

In the general, we endorsed the Republican. It was a bit of a gag. On the serious side: Pedersen didn't need our help at that point, and the edit board wanted to make a point about GOP hypocrisy when it comes to family values—so we wanted to call attention to this rowdy young GOP candidate.

I didn't like Pedersen's lifeless campaign. I don't like Pedersen's background as a corporate attorney. I don't like his list of corporate doners. I'm not crazy about his personality. But so far, he's carried himself well as a freshman legislator. And, I think, I've given him attention to that end—quoting him quite a bit on Slog.


Posted by Josh Feit | January 23, 2007 10:18 AM
18

Josh: Why didn't you call bullshit on Jamie referring to himself as a "civil rights lawyer" on the House floor? Volunteering for Lambda Legal does NOT make him a civil rights lawyer. He is a lawyer who has worked on ONE civil rights issue.

Posted by DOUG. | January 23, 2007 10:35 AM
19

hear hear hear - what a bunch of barf

Josh, all the sicko slander name calling from the Stranger gang and their poison pens, helped to galvanized the gay community to vote for Jamie.

You have a heavy duty back peddle. And now, you suck up to the winner, after too many insults to mention during an intense campaign.

My, my - such short memories.

Remember the word weasel ???? Such a friendly little term .... remember?????

Posted by sidney | January 23, 2007 6:27 PM
20

"Doug Whoever -

Get your sore loser head out of your ass.

Lambda Legal is the largest and most effective National project on gay rights. Jamie ran the damn thing for years as National chairperson.

I am sure he spent hundreds of free hours in that role alone alone.

Of course, I do understand the unspoken agreement among the main streamers that no gay or lesbian project really counts in the big, really tough fighting for civil rights world. Certainly not compared to the real projects like the ACLU stuff.

Get a clue Doug. You sound like such a sore loser.

Jamie is the real deal, and they only question is where he will go in politics over the next twenty years."

well said

Posted by mister re post | January 23, 2007 6:55 PM
21

Sidney,

Dan Savage called Jamie Pedersen a weasel.

I didn't write much at all about Jamie Pedersen until the session started on January 8.

Although, as news editor, I did edit and assign a few pieces on Pedersen during last year's election. Eli Sanders wrote those articles. And, guess what: Jamie used Xeroxes of those articles as campaign pieces.

I don't edit Dan's Slog posts.

Yes, I was happy our edit board endorsed Stephanie Pure over Jamie Pedersen. I thought Pure was the better candidate, and I'd be happier if she was in Olympia today. But Pedersen is, and I think you'll find that if he does his job right and I do mine right, he'll get good coverage and bad coverage from me.


Posted by Josh Feit | January 24, 2007 8:19 AM
22

Ah, "sore loser", the mantra of the Bush 2000 campaign, when claiming victory became more important than leadership, and all the victor's misdeeds could be ignored.

Was Jamie at Jack Abramoff's Hanukkah party too? If he was, you won't read it in The Stranger!

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