Frankfort, Ky. ? Portions of a new Kentucky law intended to prevent protesters from disrupting funerals for soldiers killed in Iraq are unconstitutional and should be struck down, the American Civil Liberties Union said in a federal lawsuit filed Monday.

The ACLU filed suit in U.S. District Court in Frankfort, challenging sections of the law that the group claims goes too far in limiting the freedoms of speech and expression.

The lawsuit puts the ACLU, which handles discrimination cases involving gays and lesbians, on the same side as Westboro Baptist Church of Topeka, known for its anti-gay protests.

The law, which applies to memorial services, wakes and burials, was aimed at members of that church protesting at military funerals. They claim the soldiers’ deaths are a sign of God punishing America for tolerating homosexuality.

The ACLU filed the lawsuit on behalf of Bart McQueary, a Mercer County man who has protested alongside the church members on three occasions. McQueary had no listed telephone number and couldn’t be reached for comment.

U.S. District Judge Karen Caldwell has been assigned to hear the case. The ACLU has asked her to grant a preliminary injunction allowing funeral protests to continue.

“Mr. McQueary clearly has the right to express his message in a non-disruptive manner, even if others disagree with him,” said Lili S. Lutgens, attorney for the ACLU in Louisville.

Lutgens said the law is so broad that people could unknowingly violate it by whistling on a sidewalk or stopping to chat on a public sidewalk near a funeral home.

“The commonwealth simply cannot prohibit free expression because it doesn’t like certain activities, nor can it suppress the speech of groups or individuals because it doesn’t like the message,” Lutgens said.

Gov. Ernie Fletcher signed the measure into law in March in an attempt to prevent disruptions at military funerals.

Protesters within 300 feet of such services would be guilty of first-degree disorderly conduct, punishable by as much as a year in jail. The bill also would prevent the use of bullhorns to try to disrupt services.

Members of the Westboro church have protested at funerals for members of the Kentucky National Guard and funerals for U.S. Army soldiers based at Fort Campbell who have been killed in action.

At their protests, members of the Kansas group carry such signs as “Thank God for IEDs,” the improvised explosive devices used by insurgents in Iraq.

Fletcher spokesman Brett Hall said Monday the governor hadn’t yet seen the lawsuit but added mourning families deserved privacy and dead soldiers deserved reverence.

“It’s inconceivable why anyone would want to protest at a military funeral while family members are there,” he said.