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Church fails to quash father's lawsuit
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Lance Cpl. Matthew A. Snyder was killed in Iraq in 2006.
BALTIMORE (Map, News) - A federal judge rejected a funeral-picketing church’s second attempt to dismiss a defamation lawsuit filed by the father of a Westminster Marine one year ago this week.
U.S. District Judge Richard Bennett on Monday denied a motion to dismiss the case filed in April by Rebekah Phelps-Davis and Shirley Phelps-Roper, two daughters of the Rev. Fred Phelps, founder of Westboro Baptist Church in Topeka, Kan.
The daughters argued that “ultimately in order to determine the outcome of this case, the court or jury would have to determine whose religious viewpoint is right,” according to their motion.
But Bennett countered in his opinion that “when a civil dispute … can be decided without resolving an ecclesiastical controversy, a civil court may properly exercise jurisdiction.”
Church members held inflammatory signs, such as “Thank God for Dead Soldiers,” outside the March 2006 funeral for Lance Cpl. Matthew Snyder, and then criticized his parents on their Web site, saying they had “raised [Matthew] for the devil,” according to the lawsuit filed June 5, 2006, by Matthew’s father, Albert Snyder, of York, Pa.
The church claims that the death of American servicemen and women in Iraq is God’s punishment for the country’s tolerance of homosexuality.
This litigation has national implications because it could drain the church’s financial resources so it could no longer protest, said Snyder’s lawyer, Sean Summers.
“It will also set precedent, as well,” he said. “Other people will be able to use this case as a sword.”
Fred Phelps raised issues similar to those of his daughters when he tried to get the lawsuit dropped last fall.
Although the two daughters were added as defendants, the judge maintained the same trial date of Oct. 22 – to the relief of Albert Snyder, said Summers, who recently held a deposition with Tim Phelps, one of Fred’s sons appointed to speak on behalf of the church.
“One thing that was crystal clear is that they, Phelps and his crew, have no remorse for anything they did, even though they acknowledge that the family could be hurt by the protests,” Summers said.
“They freely admit that the only reason they protest at funerals is to command an audience. It has nothing to do with the individual and really they only care that it brings lots of local media,” he said. “When Phelps and his crew show up, it turns into a three-ring circus.”
kvolkmann@baltimoreexaminer.com
What's your opinion of the Rev. Fred Phelps and his protests? Post your comment below.
Comments from Examiner Readers
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examiner reader said:
Finally, some sanity against this insane, cruel and unusual band of thugs. I hope all of the other families whose children's funerals were disrupted now sue the Phelps crowd into oblivion. They are a despicable mockery of what it means to be a Christian and hell awaits them.
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Examiner Reader said:
I'm totally convinced that the "God" that Phelps and his gang worship is not the God that I worship. Further If their God controls Heaven, I do not want to have anything to do with it! Lastly, I believe, hope, and pray that Mr Snyder will prevail!
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Examiner Reader said:
Perhaps legal fees & potential fines might drive the Phelps clan out of business. The gay community has put up with him & his hate for years...he protested Matthew Shepard's funeral back in 1998 and routinely shows up at the funerals of gay Americans all over the country. I think it's interesting that the rest of America hasn't cared that he has been standing on the United States flag for years but suddenly his whole PR show is unacceptable now that he's doing it at the funerals of America's veterans, gay or straight. He even protested at Jerry Falwell's funeral because in his eyes Falwell was not nearly as anti-gay as he should've been. Rather than sue, the gay community has for years turned Phelps' protests into fundraisers, trying to turn the existence of his hate into something positive...$1 or whatever for every minute that he protests. Phelps may spend some money defending his free speech rights, but I don't think it's enough to silence him or his family forever.
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H Cook said:
I am so glad to hear that a court in my America has the guts to stand up and fight these sadistic protesters. I am a member of the Patriot Guard Riders and have seen first hand what these so called "Christians" do and how much grief they cause the families of our service men and women to endure. I certainly hope that the laws of our land are upheld and those of Westboro Church are monetarily destroyed and are never able to attend another funeral. But, rest assured that if they do attend another service persons funeral, the Patriot Guard Riders will be there to protect the brave soldiers families from any type of harassment. We ARE the Patriot Guard......Riding with Respect!!
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