(Creative Commons)

Members of the Westboro Baptist Church of Topeka, Kan. demonstrated at the military funeral of Matthew Snyder, 20, a Marine. Albert Snyder, Matthew's father, sued the church for invasion of privacy, emotional distress and violation of his right to peaceful assembly and freedom of religion.

The church's founder, Rev. Fred W. Phelps, says the deaths of U.S. soldiers are God's revenge for America's acceptance of homosexuality, and, because of that belief, church members have protested at hundreds of military funerals.

"A little church," said Phelps during arguments, "where the servants of God are found, say, 'We have an answer to your question . . . and our answer is: You have got to stop sinning if you want this trauma to stop happening.' "

The court has long been expected to make a ruling upholding the First Amendment. But the court's oral arguments indicate that that decision won't come easy.

"This is a case about exploiting a private family's grief," said Justice Ruth Bader Ginsburg to one of Phelps's daughters during proceedings, "and the question is: Why should the First Amendment tolerate exploiting this bereaved family when you have so many other forums for . . . getting across your message?"

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