March 8, 2007 -- The following testimony was given by Attorney General Paul Morrison in the House Federal & State Affairs Committee regarding House Bill 2020 which would prevent the picketing of funerals:
Mr. Chairman and members of the committee, thank you for allowing me to testify today.
I am here to testify in support of legislation that has the potential to provide grieving Kansas families the privacy and protection they deserve during funerals without inhibiting the exercise of free speech. I believe that the amending language to HB 2020, proposed here today by the conferees, is a constitutionally respectful bill that conveys our state’s substantial interest in protecting the legitimacy of funerals that honor and mourn the deceased.
The appellate trigger in this bill acts as a request that the Attorney General seek judicial determination as to the constitutionality of this bill. Because of my office’s potential involvement in this litigation, I must be deliberate in my statements today. I will refrain from commenting on specific provisions of the funeral picketing bill and will instead broadly articulate my view as to the bill’s potential to withstand judicial scrutiny.
The amending language to HB 2020 incorporates several provisions of its senate counterpart. Only the courts can determine the constitutionality of a statute, but I believe that this legislation addresses concerns that courts have previously raised regarding funeral picketing statutes. I also believe that the ‘appellate trigger’ provision in the proposed amending language is our best opportunity to prevent private litigants from recouping attorneys’ fees from the state of Kansas.
Please be aware that my intent to seek judicial determination of the constitutionality of this statute will be based on my office’s legal analysis of the constitutionality of the final provisions of the bill, specifically, the “buffer zone” specifications.
Unfortunately, the state of Kansas is all too familiar with the horrific disturbances that funeral picketing causes. As Attorney General, I will use every resource constitutionally available to me to protect Kansas families from disrespectful intrusions during a time of grief and mourning.
Thank you for your time and I look forward to answering any questions.