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BALTIMORE (Map, News) - Ordered to pay nearly $11 million in damages, members of the Westboro Baptist Church smiled and calmly walked out of the courtroom.
Outside, they sang "Happy Birthday," to defendant Shirley Phelps-Roper, who turned 50 on Wednesday, and promised to continue carrying signs that read "Thank God for dead soldiers" and "God hates fags" at military funerals.
"Absolutely, don't you understand this was an act in futility," Phelps-Roper said when asked if the church planned to continue picketing.
Phelps-Roper said church members were creating a new sign following the award that reads "Thank God for $10.9 million," adding "America is doomed, stay tuned."
The group may also be spending more time in court.
Albert Snyder, who sued the Topeka, Kan., church following a protest at the funeral of his son, Lance Cpl. Matthew Snyder, said he would "follow them until the day I die," to stop the group from protesting at other funerals.
Snyder said he hoped other families would consider suing following the verdict.
"The goal wasn't about the money, it was to set a precedent so other people could do the same thing," Snyder said.
Church members believe that U.S. deaths in the war in Iraq are punishment for the nation's tolerance of homosexuality and they are entitled to protest at funerals under the First Amendment, which guarantees freedom of speech and religion.
A number of states have passed laws regarding funeral protests, and Congress has passed a law prohibiting such protests at federal cemeteries, but the Maryland lawsuit is believed to be the first filed by the family of a fallen serviceman.
Snyder's suit named the church, Phelps-Roper, her sister Rebekah Phelps-Davis and father Fred Phelps, the church's founder. Snyder claimed the protests intruded upon what should have been a private ceremony and sullied his memory of the event.
Plaintiffs attorney Craig Trebilcock said afterward that "this is Judgment Day for the Westboro Baptist Church."
"They're always talking about other people's Judgment Day. Well, this is theirs," the attorney said.
The jury awarded $2.9 million in compensatory damages and $8 million in punitive damages, $6 million for invasion of privacy and $2 million for causing emotional distress.
Plaintiff's attorney Sean Summers said he will tirelessly seek payment of the award.
"We will chase them forever if it takes that long," Summers said.
Before the jury began deliberating the size of punitive damages, U.S. District Judge Richard Bennett noted the size of the compensatory award "far exceeds the net worth of the defendants," according to financial statements filed with the court.
Snyder sobbed when he heard the first verdict, while members of the church greeted the news with tightlipped smiles.
Attorneys for the church said in closing arguments Tuesday that the burial was a public event and that even abhorrent points of view are protected by the First Amendment.
In his closing arguments during the punitive damages phase, Trebilcock described church members as bullies who "seek out those among us who are at the weakest point in our lives."
"That's why they've gotten away with it until this point," the attorney said, adding that grieving families were too weak to fight back "until this man."
Defense lawyer Jonathan Katz reminded jurors that punitive damages are designed to deter future conduct, but not bankrupt or financially destroy.
It was unclear if the plaintiffs will be able to collect the damages awarded.
Katz said the church has about 75 members and is funded by tithing. The defense attorney said the assets of the church and the three defendants are less than a million dollars and the compensatory award is about three times the defendants' net worth, mainly in homes, cars and retirement accounts.
In his rebuttal, Trebilcock said it was up to jurors to decide the truthfulness of the financial documents, noting the documents show Phelps-Davis has $306 in the bank.
Trebilcock noted Phelps-Davis is a practicing attorney and pointed to testimony by the defendants showing how much they traveled to spread their message.
"Rebekah Phelps-Davis has $306? She must be using Priceline.com. It doesn't make any sense."
The attorney urged jurors to determine an amount "that says don't do this in Maryland again. Do not bring your circus of hate to Maryland again."
Earlier, church members staged a demonstration outside the federal courthouse, which is located on a busy thoroughfare a few blocks west of Baltimore's Inner Harbor, while passing motorists honked and shouted insults.
Phelps held a sign reading "God is your enemy," while Phelps-Roper stood on an American flag while carrying a sign that read "God hates fag enablers." Members of the group also sang "God Hates America,"' to the tune of "God Bless America."
Ed Mueller, who on Thursday will become executive director of Patriot Guard Riders, a group of motorcyclists that attends military funerals and blocks from view any protesters, said the verdict was "outstanding."
"I would hope that every other Gold Star family that has to suffer through Westboro Baptist Church protests takes advantage of this ruling," Mueller said.
Craig Smith, director of Center for First Amendment Studies at California State University, Long Beach, said the church members had a legitimate permit to demonstrate on a public street and therefore engaged in protected speech.
The appeal will be drawn out because of the emotional issues involved, Smith said.
"The judgment is apparently based on infliction of emotional damage as opposed to not having the right to protest," he said.
examiner.com
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Republican Values:
1) You can't get married to your spouse who is the same sex as you.
2) You can't have an abortion no matter how much you don't want a child.
3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer.
4) We need a smaller, less-intrusive government.
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