109th CONGRESS
2d Session
S. 2452
To prohibit picketing at the funerals of members and former members
of the armed forces.
IN THE SENATE OF THE UNITED STATES
March 16 (legislative day, MARCH 15), 2006
Mr. BAYH (for himself and Mr. CHAMBLISS) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
A BILL
To prohibit picketing at the funerals of members and former members
of the armed forces.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Dignity for Military Funerals Act of 2006'.
SEC. 2. FINDINGS.
(1) article I, section 8, of the Constitution of the United States grants
Congress the power to `provide for the common Defence', `To raise and
support Armies', and `To provide and maintain a Navy';
(2) the Supreme Court of the United States has held that `The constitutional
power of Congress to raise and support armies and to make all laws necessary
and proper to that end is broad and sweeping.', United States v. O'Brien,
391 U.S. 367, 377 (1968) (citations omitted);
(3) supporting our armies and maintaining a Navy includes supporting soldiers,
sailors, and marines, and their families, after they are deceased;
(4) our brave military men and women put themselves at great risk to protect
the freedom of every American and our Nation as a whole;
(5) every death of a member of the armed forces is a tragic loss to our
Nation;
(6) all Americans have tremendous gratitude for the courage and selflessness
of the members of the armed forces;
(7) when a member of the armed forces dies in the line of duty, the thoughts
and prayers of the entire Nation are with the family of the deceased at
such an extraordinarily difficult time;
(8) it is generally recognized that families have a substantial interest
in organizing and attending funerals for deceased relatives;
(9) the interests of families in privately and peacefully mourning the
loss of deceased relatives are violated when funerals are targeted for
picketing and other public demonstrations;
(10) picketing of funerals causes emotional disturbance and distress to
grieving families who participate in funerals; and
(11) full opportunity exists under this Act and the amendments made by
this Act for the exercise of freedom of speech and other constitutional
rights at times other than within 1 hour prior to or during the funeral
of a member of the armed forces and 1 hour following the conclusion of
such a funeral.
SEC. 3. DEFINITIONS.
(1) the term `armed forces' has the meaning given the term in section
101 of title 10, United States Code;
(2) the term `funeral of a member or former member of the armed forces'
means any ceremony, procession, or memorial service held in connection
with the burial or cremation of a member or former member of the armed
forces;
(3) the term `picketing' means protest activities engaged in by any person
within 300 feet of a cemetery, mortuary, or church during the period beginning
1 hour prior to the funeral of a member of the armed forces and ending
1 hour after the conclusion of such a funeral; and
(4) the term `protest activities' includes, with respect to any funeral--
(A) oration, speech, or similar conduct before an assembled group of
people that is not part of the funeral or ceremony,
(B) the display of placards, banners, posters, flags, or similar devices
that are not part of the funeral or ceremony, and
(C) the distribution of any handbill, pamphlet, leaflet, or other written
material that is not part of the funeral or ceremony.
SEC. 4. PROHIBITION ON PICKETING AT FUNERALS OF MILITARY PERSONNEL.
(a) In General- No State or unit of local government shall issue a permit
allowing, or otherwise authorize, picketing during the funeral of a member
or former member of the armed forces.
(b) Criminal Prohibition-
(1) IN GENERAL- Chapter 67 of title 18, United States Code, is amended
by adding after section 1386 the following:
`Sec. 1387. Prohibition on picketing at funerals of military personnel
`(a) In General- It shall be unlawful for any person to engage in picketing
at the funeral of a member or former member of the armed forces .
`(b) Penalty- Any person who violates subsection (a) shall be fined under
this title, imprisoned for not more than 5 years, or both.
`(c) Definitions- In this section--
`(1) the term `armed forces' has the meaning given the term in section
101 of title 10;
`(2) the term `funeral of a member or former member of the armed forces'
means any ceremony, procession, or memorial service held in connection
with the burial or cremation of a member or former member of the armed
forces;
`(3) the term `picketing' means protest activities engaged in by any person
within 300 feet of a cemetery, mortuary, or church during the period beginning
1 hour prior to the funeral of a member of the armed forces and ending
1 hour after the conclusion of such a funeral; and
`(4) the term `protest activities' includes, with respect to any funeral--
`(A) oration, speech, or similar conduct before an assembled group of
people that is not part of the funeral or ceremony,
`(B) the display of placards, banners, posters, flags, or similar devices
that are not part of the funeral or ceremony, and
`(C) the distribution of any handbill, pamphlet, leaflet, or other written
material that is not part of the funeral or ceremony.'.
(2) CONFORMING AMENDMENT- The table of sections for chapter 67 of title
18, United States Code, is amended by adding after the item related to
section 1386 the following:
`1387. Prohibition on picketing at funerals of military personnel.'.
SEC. 5. NONPREEMPTION.
Nothing in this Act or the amendments made by this Act shall be construed
to preempt any State or local law that affords greater protection to individuals
attending the funeral of a member or former member of the armed forces.
SEC. 6. SEVERABILITY.
If any provision of this Act, the amendments made by this Act, or the application
of such provision or amendment to any person or circumstance is held to
be unconstitutional, the remainder of this Act, the amendments made by this
Act, and the application of the provisions of such to any person or circumstance
shall not be affected thereby.
END
