“Congress spoke with a clear voice when The Respect for the Funerals of Fallen Heroes Act was approved without any opposition,” Durbin said. “Our soldiers, our veterans and those fallen heroes who have sacrificed their lives for the good of our country deserve to be laid to rest with dignity. This is a victory for our military personnel and their families. The act respects our veterans and our Constitutional freedoms by addressing only conduct, and not content."

In May 2006, Congress passed and the President signed into law the Respect for America’s Fallen Heroes Act, which prohibits demonstrations at and around federal cemeteries. However, there are only 121 federal cemeteries in the United States. Approximately 90,000 veterans are buried each year at federal cemeteries, which are covered by the law passed in May. The legislation would expand coverage of the demonstration ban to the funerals of 650,000-700,000 veterans who die each year in the United States.

The Respect for the Funerals of Fallen Heroes Act would build on the current law by providing similar protection for the funerals of all deceased members or former members of the Armed Forces, not only at federal cemeteries but also at private cemeteries, funeral homes, and houses of worship.

The National Military Family Association has endorsed the legislation because it bans “demonstrations in ALL military funerals. Grieving military families, who had made the ultimate sacrifice, should not be subjected to these intrusions…This legislation will provide military families the opportunity to mourn in a peaceful environment.”

“As President of the Illinois Council of Chapters of the Military Officers Association of America (MOAA), I represent over 6,000 MOAA members, who live in our state, plus their family members and survivors. I believe that the 34,000 plus military retirees and all the other veterans in the state of Illinois would agree that federal legislation is needed to ban demonstrations at the funerals of all our veterans, wherever they are held,” wrote retired U.S. Army Colonel Aaron J. Wolfe.

Under the legislation, it would be a criminal misdemeanor – punishable by a fine or up to one year in jail – for any person to (1) make any noise or diversion within the boundary of or within 150 feet of a military funeral location that intentionally disturbs the peace and good order of the funeral, or (2) intentionally impede access to or from the funeral within 300 feet of the funeral location.

The legislation has also been endorsed by the Military Officers Association of America. In a letter to Durbin, MOAA’s Director of Government Relations, retired Air Force Colonel Steven P. Strobridge, wrote, “Those who have laid their lives on the line for our Nation deserve better than to have their families harassed by extremist elements in their hours of grief. We strongly support your efforts to protect them and their families, and pledge to assist however we can in securing enactment of your proposed legislation.”

The Respect for the Funerals of Fallen Heroes Act is consistent with the First Amendment according to University of Chicago law professor and First Amendment scholar Geoffrey Stone, and the bill is within Congress’s lawmaking power according to an analysis conducted by the Congressional Research Service.