Attorneys defend flag desecration law

? Sarpy County prosecutors on Friday tried to justify flag-desecration charges against a member of a Kansas church whose members believe that U.S. troop deaths are punishment for the nation’s tolerance of homosexuality.

Authorities say Shirley Phelps-Roper let her 10-year-old son stand on an American flag at the funeral of a National Guardsman in June 2007 in Bellevue.

They also say she wore a flag as a skirt that dragged on the ground.

Phelps-Roper is a member of the Westboro Baptist Church of Topeka, which was founded by her father, Fred Phelps. The church has become known for its members carrying signs that read “God Hates Fags,” and “Thank God for dead soldiers,” at military funerals nationwide.

Phelps-Roper argues that Nebraska’s law against flag desecration violates her right to free speech.

Her attorney, Bassel El-Kasaby, said the five methods defined under Nebraska law as flag desecration are open to interpretation, leaving people confused about how they can use the flag in a protest.

But prosecutors say the law is valid because it leaves open other methods of protest, and only prohibits mutilating, defacing, defiling, burning or trampling a flag.

Asked what other methods would be legal, Deputy County Attorney Nicole Hutter replied: “The defendant could tie the flag in knots and wave it over her head.”

Hutter said the state’s responsibility is to protect the safety of the public, including Phelps-Roper and her children.

Phelps-Roper also faces charges of disturbing the peace, contributing to the delinquency of a minor and negligent child abuse.

El-Kasaby said while those laws she was charged for violating aren’t unconstitutional, their application is because the charges stem from the flag desecration charge.

He said Sarpy County’s handling of the issue has created a chilling effect for protesters, and Phelps agreed.

“Every time we come to Nebraska it is sweating bullets,” she said during a midday recess as she prepared to head off to a protest. She said not protesting is not an option.

Sarpy County Judge Todd Hutton did not rule on Friday. He gave lawyers 60 days to submit additional written arguments.

Phelps-Roper said she isn’t all that interested in any decision.

“I don’t care what they do here because the Lord is coming and America is doomed,” she said.