Morrison seeks ruling on Funeral Picketing Bill
A.G. takes first step in plan to gain immediate enforcement of the Kansas funeral picketing law
May 24, 2007--Attorney General Paul Morrison today took the first step towards giving Kansas a funeral picketing law that can immediately be enforced. In consultation with leadership in the Legislature, Morrison filed a petition with the Kansas Supreme Court challenging one provision of the law and asked the court to enact the remaining provisions.
"I applaud the Legislature and the Governor for their hard work addressing this delicate issue," Morrison said. "They all had the best interests of our soldiers' families in mind as they crafted this legislation."
S.B. 244 directs the Attorney General to "seek judicial determination of the constitutionality" of the funeral picketing law.
"According to plan, the Attorney General's Office has initiated litigation over the new funeral picketing law," Morrison said. "As I promised during the session, we will do everything in our power to protect grieving families from disrespectful intrusions during their time of grief and mourning."
The petition names Governor Kathleen Sebelius as the respondent because of her role in "signing into law S.B. 244, provisions of which direct the Attorney General to initiate an action in the courts challenging the constitutionality of S.B. 244 before that law may take effect."
"This lawsuit is the first step towards giving Kansas a funeral picketing statute police officers can enforce," Morrison said. "We wholeheartedly believe that the underlying provisions of the funeral picketing law are constitutional and this suit is the way we get the law to take effect."
The lawsuit specifically challenges a portion of the law that prevents its enforcement and gives the courts veto power over the legislation. As the Attorney General stated in his testimony before the Legislature, "[his] intent to seek judicial determination of the constitutionality of this statute will be based on [his] office's legal analysis of the constitutionality of the final provisions of the bill."
The lawsuit came in the form of a "Petition for Writ of Quo Warranto and Mandamus." This type of petition is appropriate in determining important constitutional questions.
The Attorney General also filed a motion for expedited review. The intention is to speed up the litigation and increase the possibility for immediate enforcement of the law.
Senate Bill 244 amended the Kansas funeral picketing statute and created a 150-foot buffer zone in which picketing is prohibited around funeral sites. The bill also authorizes the estate of a deceased person to sue funeral protesters for libel or slander. It was passed by the legislature and signed by the governor on April 12, 2007.