LINCOLN, Neb. (ABP) –A county prosecutor in Nebraska dropped charges of flag mutilation and contributing to the delinquency of a minor against a leader of a controversial Kansas Baptist church that pickets funerals of fallen soldiers to protest homosexuality.
Sarpy County Attorney Lee Polikov's decision came after Nebraska Attorney General Jon Bruning agreed with members of Westboro Baptist Church in Topeka, Kan., that the state's flag-mutilation law is unconstitutional.
A member of the church — which uses the U.S. flag in symbolic speech stating its belief that God is using war to judge America for toleration of sins including homosexuality — sued to have Nebraska's 1970s' law against "mutilating, defacing, defiling, burning or trampling" on the flag found unconstitutional.
Opining that the church would likely prevail under a 1988 Supreme Court decision that declared flag burning a form of symbolic speech protected by the First Amendment, United States District Judge Richard Kopf issued a temporary restraining order July 6 barring arrest for flag desecration at a protest by church members that day in Lincoln, Neb.
After hearing the stance of Bruning and other officials in a conference call July 19, Kopf issued a permanent injunction, essentially settling the issue and leaving Nebraska without a state flag-desecration law.
Polikov told media the state "rolled over" and that he was disappointed in the decision not to defend the law.
Informed by the Omaha World-Herald about Polikov's comments, Bruning responded: "Any first-year law student understands Nebraska has to comply with rulings of the U.S. Supreme Court. I'm not going to waste the resources of the state defending a law the Supreme Court has clearly said is unconstitutional."
Westboro Baptist Church, a small, independent Baptist church composed mostly of extended family members of founding Pastor Fred Phelps, has over the years become internationally known for protesting public events carrying signs with messages including, "God Hates Fags."
Recently they clashed with fans in St. Louis awaiting a concert by Lady Gaga, a recording artist known for her advocacy of gay rights. Prior to the July 19 concert, she warned fans via Facebook and Twitter describing the protestors as "hate criminals" that "preach using lewd and violent language and imagery."
Westboro Baptist Church member Megan Phelps-Roper has attained minor celebrity status on the Internet with video parodies of Lady Gaga singles including "Poker Face" and "Telephone."
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Bob Allen is senior writer for Associated Baptist Press.