Cuccinelli declines to file amicus brief in Snyder vs. Phelps case

Never one to follow the crowd, Virginia Attorney General Ken Cuccinelli has decided against filing an amicus brief in a case before the Supreme Court involving the controversial Westboro Baptist Church (WBC).  Cuccinelli is one of only two State Attorneys General in the entire country who have declined the opportunity to support Albert Snyder.  Snyder sued WBC after the hate group protested at his son’s funeral. Snyder’s son was killed serving in Iraq.

Snyder won his first case, but the decision was turned back by the Fourth Circuit Court of Appeals in Richmond, based on the 1st amendment. In addition to the overturned decision, he was ordered to pay the court costs of the Phelps family, the leaders of  WBC.

Snyder has gained the support of many politicians, including 42 U.S. Senators and every State Attorney General (including the District of Columbia) except for Maine and Virginia.  (Although, both Virginia Senators Mark Warner and Jim Webb did not sign on to the Senate version of the amicus brief)

In a case that pits the privacy of the families of those who paid the ultimate sacrifice in direct line with the First Amendment, Cuccinelli is siding with free speech.  In a statement released today explaining his decision, Cuccinelli spokesman Brian Gottstein said that the AG’s office  “deplores the absolutely vile and despicable acts of Fred Phelps and his followers,” but went on to write that “the consequences of this case had to be looked at beyond what would happen just to Phelps and his followers.”

Gottstein also pointed to an existing law in Virginia that he claims “balances free speech rights while stopping and even jailing those who would be so contemptible as to disrupt funeral or memorial services.”

Cuccinelli has long been an active supporter of the Military and their families, so it will be interesting to see how that loyal group reacts to this decision.

You can see the full brief that Cuccinelli declined to support here (via the Kansas State Attorney General).

The full statement from the Attorney General’s office is below: