House Substitute for Senate Bill 226, sponsored by Representative Raj Goyle of Wichita, prohibits protesters from being within 150 feet of a funeral one hour before, during or up to two hours after a funeral. I believe this law is constitutional and will vigorously defend it against any legal challenge.
In early March, the Kansas Supreme Court struck down the funeral picketing statute passed in 2007. My office expected the court to find the legislature’s “trigger” mechanism unconstitutional. The court’s ruling upheld the separation of powers between the legislative branch and the judicial branch.
Unfortunately, the state of Kansas is all too familiar with the horrific disturbances that funeral picketing causes. I want to assure funeral attendees, Patriot Guard members and all other Kansans that as Attorney General, I will use every resource constitutionally available to me to protect Kansas families from disrespectful intrusions during times of grief and mourning.
I am pleased that the legislature answered my call and quickly passed a constitutional funeral picketing law. I will do my part to uphold the law if legally challenged.
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