Steve Six discusses Phelps funeral protest case after stint as Kansas attorney general

As he left office as Kansas attorney general Monday, Lawrence attorney Steve Six said he hoped the U.S. Supreme Court would provide protection for private citizens at funerals from protesters like ones with the Topeka-based Westboro Baptist Church led by Fred Phelps.

As he addressed the Lawrence Rotary Club at the Holiday Inn Lawrence, Six spoke about the Snyder v. Phelps case the justices are considering right now.

“The ideal outcome in my view would be an umbrella of protection around a funeral, whether it’s a (military) service member or any private citizens so that you’re not dealing with the loss of a loved one and a hateful group like the Phelps group coming in and ruining and hijacking the funeral event,” said Six, who lost the November election to Derek Schmidt, a former Kansas Senate Majority Leader.

Phelps’ church is known for picketing funerals of dead soldiers across the country to gain attention for members’ anti-gay message.

The Supreme Court in October heard arguments in the Snyder case. A jury in Maryland had awarded the father of Matthew A. Snyder, a Marine lance corporal killed in Iraq, millions of dollars, but the Fourth Circuit U.S. Court of Appeals overturned that ruling and held that messages on signs outside a funeral and postings on a website are protected speech.

As attorney general, Six’s office filed an amicus brief on behalf of Kansas, which joined 47 other states and the District of Columbia.

Six said he expected the justices to rule in the next three to four months.

Six was appointed after a turbulent time for the attorney general’s office. Paul Morrison resigned in 2008 amid a sex scandal.

Morrison’s predecessor Phill Kline, who says he committed no misconduct, faces a state ethics complaint that he made false statements and allowed subordinates to mislead other state officials while investigating abortion clinics.

But Six, who will join the Lawrence firm Stevens and Brand, voiced confidence in Schmidt as he took office Monday.

“I think (Schmidt) is going to do a fantastic job. He’s a smart lawyer. He’s a nice person,” Six said. “I’m confident that now we’ve turned it around, he’s going to keep it going.”