Rogers’ Bill Ending Military Funeral Protests Approved

Tuesday, May 9, 2006 – Today, by an overwhelming bi-partisan margin, the U.S. House adopted legislation introduced by U.S. Rep. Mike Rogers, MI-08, that will protect the dignity and honor of military funerals by prohibiting protestors from disrupting the solemn services or burials.

“American military men and women who give their lives in defense of our nation deserve a peaceful and honorable funeral,” said Rogers, a military veteran and brother of a career Army officer who has served in Iraq. “Their families also deserve the freedom to honor their loved ones and celebrate their lives without the harassment of protestors who are targeting military funerals.”

Rogers introduced the measure, H.R. 5037, The Respect for America’s Fallen Heroes Act, after attending the funeral of a Michigan soldier who died from wounds suffered in Iraq.

“What that family was subjected to was nothing short of criminal,” Rogers said. “The vile, taunting hate speech went way beyond the bounds of common decency, and was clearly intended to harass and mock the families and their mourning.

“Thankfully, there was a group of veterans, headed up by the Patriot Guard Riders, who provided a buffer for the family, standing guard between the protestors and the grieving family. Their service to these fallen heroes is very much appreciated by the families, and we commend their commitment to protecting the dignity of the funeral services.”

Rogers said it is a sad situation when the Patriot Guard and veterans have to protect the funerals, or that Congress and state Legislatures must introduce legislation protecting military funerals.

“The disgusting tactics of the protestors makes it necessary, however, and that is why I introduced the Respect for America’s Fallen Heroes Act,” Rogers said. “America honors the men and women who fight to defend freedom, and their families who also carry the burden of defending our nation. May each of them be blessed with the love and respect of all Americans.”

Rogers’ legislation HR 5037 would prevent disruption of military funerals at national cemeteries beginning 60 minutes before and continuing for 60 minutes after the service; and keeps protestors at least 500 feet away from mourners during any demonstration.

The U.S. Supreme Court has ruled that it is permissible to regulate the time and place of demonstrations. HR 5037 includes the precise wording from Supreme Court rulings, ensuring that the law will remain within the parameters of the First Amendment. HR 5037 does not regulate the content of the hate speech, but the time, and place of demonstrating.

The measure also includes a sense of Congress that all 50 states should adopt similar legislation affecting all military funeral and burial sites, using HR 5037 as a template, to avoid First Amendment concerns.

The Respect for America’s Fallen Heroes Act has bi-partisan support in the House, with more than 200 co-sponsors, including much of the leadership as well as the chairman and members of the Veterans Affairs Committee. The bill passed the House 408-3.

Rogers received nearly 30,000 emails supporting the measure.

HR 5037 is supported by the American Legion-Department of Michigan, American Veterans (AMVETS), Disabled American Veterans, Fleet Reserve Assn., Gold Star Wives of America, Jewish War Veterans of the USA, Military Order of the Purple Heart, Veterans of Foreign Wars, VFW-Department of Michigan, Vietnam Veterans of America, and We Care America.

The House vote sends the measure to the Senate, with an effort being made to get the measure on the President’s desk as soon as possible.