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Church seeking dismissal of Chambers' lawsuit

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By KEVIN ABOUREZK / Lincoln Journal Star

Monday, Nov 05, 2007 - 12:19:30 am CST

Arguing that Ernie Chambers has no standing to sue God, two members of a Topeka, Kan., church known for staging protests at soldiers’ funerals are seeking to have Chambers’ lawsuit dismissed.

In an amicus brief filed in Douglas County District Court on Sept. 24, two members of the Westboro Baptist Church argue that the state senator has “no standing whatsoever to question God” and is “fully deserving of the outpourings of God’s fierce wrath.”

“The reason we filed is because we wanted to make the point that it is a sheer redundancy for anyone, really in all of doomed America but especially Nebraska, to file a lawsuit against God,” said Margie Phelps, who filed the brief along with fellow church member Shirley Phelps-Roper.

Story Photo
Ernie Chambers makes a point during debate on the floor of the legislature. His lawsuit against God is being challenged by members of the Wesboro Baptist Church. (Eric Gregory)

While the church filed the brief primarily to stop Chambers’ “act of blasphemy,” it also filed it to garner more public attention for its cause, Phelps said.

To date, the church’s main public relations efforts have involved picketing outside soldiers’ funerals to spread the message that soldiers are dying because of the United States’ tolerance of homosexuality.

Chambers said he really doesn’t mind the church using his lawsuit in an effort to gain attention, though he disagrees with its views on homosexuality.

He even went on to defend the church and criticize those who have attempted to muzzle its members, including a Baltimore jury that awarded a soldier’s father $11 million on Wednesday after the church protested outside his son’s funeral.

Chambers said the church was exercising its constitutional right by protesting at the funeral and is being unfairly targeted in courts across the country because people don’t like its message.

“These people are being subjected to selective prosecution, and that’s one of the worst things you can have in a democracy,” he said.

In September, Chambers filed a lawsuit in Douglas County District Court against the Almighty in an effort to illustrate that anybody can sue anybody.

He took aim specifically at a federal lawsuit filed by Tory Bowen, who sued a state judge for violating her free speech rights by barring the words “rape” and “victim” in the trial of Pamir Safi, who she said sexually assaulted her.

Chambers said Bowens’ lawsuit was inappropriate because the Nebraska Supreme Court already considered the case, and federal courts follow the decisions of state supreme courts on state matters.

Eric Perkins, an attorney in Corpus Christi, Texas, later filed a response to Chambers’ lawsuit, arguing no court has jurisdiction over God.

Then, last month, Chambers added an alias to the defendant listed in his lawsuit — Tom Osborne, the new University of Nebraska athletic director.

In their amicus brief, Phelps and Phelps-Roper describe themselves as “prophets” sent by God to preach to the “inhabitants of this land.”

In a letter to Phelps and Phelps-Roper dated Sept. 26, Chambers lampooned their belief that they are prophets.

“Unfortunately, despite all of your self-awarded ‘prophet’ credentials, your presentation is like all of the other incoherent ramblings of self-deluded zealots,” he wrote. “If you limit your zealotry to such ramblings, no harm is done.”

In their amicus brief, Phelps and Phelps-Roper agree with Chambers’ claim in his lawsuit that God is responsible for natural disasters and other acts of reprisal against mankind.

“The allegations of the complaint about God’s wrath being poured out on this nation are true — and not the plaintiff’s business.”

Reach Kevin Abourezk at 473-7225 or kabourezk@journalstar.com.


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Fallen Soldiers Sister wrote on November 5, 2007 4:48 am:
" How dare he defend the "church" of lunatics..basically a cult against for targeting our soldiers families...even some families he may represent. I hope his voters take note of this and stand up for his fellow Nebraska families. Never have taken anything Chambers has done wasting our State leg. time/money seriously before. But for him to actually defend that group is even more outrageous even for him. Does he remember our state has had 9 Guardsmen who serve the state to protect his life and family die in this fight against terror, and many many more full time and reserve members who are tied to this state as well. I know I am biased, but I am proud of the Baltimore family for suing. And hope that if it goes Nation wide, and an attorney somewhere takes on the families of Nebraska as clients to sue that all our Nebraska families join in and sue the "church" as well. Not for the money, cuz no one will ever see a dime, but for the purpose and cause, to defend our fallen who can no longer speak foor themselves and for the families who have to find even more courage to get through that awful ordeal to deal with them trying to defame their family member. If it was Mr. Chamber's family funeral, there is noo way he'd still be defending the group. Mr. Chambers please remember what state and the people you have been elected to represent. "

 Silly wrote on November 5, 2007 4:59 am:
" All of these people have too much time on their hands! "

 HPG wrote on November 5, 2007 5:49 am:
" Slow newsday huh? "

 Reader wrote on November 5, 2007 6:00 am:
" I wonder what Chambers would do if he were Not in the lime light, whether through his self appointed strageties to be there or through his elected office. Whew. Talk about manipulation. "

 shawn wrote on November 5, 2007 6:04 am:
" Someone should lock these three in a room, video tape this nonsense and sell it as the next reality show. Let the circus begin! "

 At a Loss wrote on November 5, 2007 6:09 am:
" First, why even let this be an article. Neither deserves the attention from the press. It is unfortunate for Senator Chambers, I usually enjoy his logic. However, supporting the protest conducted by these individuals is a little more then I can stand. As far as public outcry against the members of Westboro, is it no different then the persecution of any other fringe lunacy. The individuals that embody this cult insight hatred, violence and pure evil during a mourning period experienced by the loss of an individual. If the members of Westboro believe that it is God's wrath being demonstrated against our nation; they should head to the hospitals for those dying of Aids, the people who have HIV, the abortion clinics, the hospitals with those dying of a disease, childrens hospitals where God is demonstrating is most vindictive wrath. At some point in America, there has to be a balance. Regardless of all opinions, there just has to be one. Too often we accept extremists in the fear of the First Amendment Rights or the loss of freedoms. Honestly, it is a level being established because we can no longer police ourselves regarding decency. I am sorry for people who use theatrics to gain a position. Both Senator Chambers and Westboro are on the same page. I would absolutely love the coverage of the two if they were to exist in the same State. "

 Way to go!!! wrote on November 5, 2007 6:21 am:
" Way to go Ernie you have really mixed things up now. I think that sometimes people do go to far when sueing company and others. "

 Kelley wrote on November 5, 2007 7:55 am:
" Great, So the circus begins! Another side show begins. I guess this is one way for both of these media hounds to keep their names in the paper and on t.v. "

 WCG wrote on November 5, 2007 8:03 am:
" Heh, heh. This just gets funnier and funnier. Yeah, it's a real circus, isn't it. I can understand why some people are upset, but just chuckle and move on. Hmm,... what normally happens when you try to sue someone who doesn't exist? Surely that's happened before. If I try to sue my invisible friend, what's the normal procedure for that? I'm sure the courts must just throw out such lawsuits, don't they? "

 Suddenly Ernie looks reasonable. wrote on November 5, 2007 8:06 am:
" The Westboro Baptist Church is an embarrassment to me as a Christian - - their hateful ways are terrible "PR" for what I believe to be a loving God. For them to take the lead in opposing Chambers only makes Chambers look reasonable in comparison. And for heaven's sake, does no one in the Westboro Baptist Church have a job? Who has time to travel around the country disrupting funerals of fallen heroes, writing briefs for a case that isn't even in their state and such? I guess they must have some money to pay that judgment against them if they don't have to work like the rest of America. "

 CS wrote on November 5, 2007 8:17 am:
" That pesky First Amendment gets in the way every time, doesn't it? Just because the WBC was sued and lost in another state doesn't mean anything-it was a feel good measure that was allowed by a jury that will soon discover on appeal that they don't have that kind of power. You can hate them all you want but they still have a right, as do you, to say what they wish, publicly if they choose. "

 Zoomie wrote on November 5, 2007 8:54 am:
" "Ernie mixed things up"? So you're holding him responsible for what the nutjobs from KS do? And Fallen Soldiers Sister - Ernie is far from alone in defending the right of these nutjobs to demonstrate at soldiers' funerals, distasteful and offense as it is. Indeed, that is the very reason your brother died, defending our freedom of speech, including the offensive speech. "

 SB wrote on November 5, 2007 9:05 am:
" If the soldiers are truly fighting against ‘terror’ for our ‘democracy and freedom’; wouldn’t they be fighting for ALL of our freedoms, not just the general majorities’ freedoms? Ironic that Chambers is making the point that lawsuits don’t represent the judiciary’s inherent role and someone commends a Baltimore family for suing someone for exercising the rights guaranteed by the US Constitution. It is absolutely great that people don’t understand what is going on in the world they walk around in. "

 Phelps is a loon wrote on November 5, 2007 9:36 am:
" Yep - and Phelps is the ordained voice of god. Give me a _break_. While I don't believe in a god, if I were one, I would smite Phelps's sorry butt right off the face of the Earth. These people have nothing better to do than to try to take away the rights of others to live peaceful lives of their own in the name of his sorry religion. And to try to do it by insulting and further traumatizing the families who have lost loved ones in Bush's senseless war on top of it. Phelps and his kind deserve to burn in the hottest hell their mythology can dream of; it's too bad they'll get away with nothing worse than feeding the worms. "

 jus wondering wrote on November 5, 2007 9:37 am:
" Finally! It's about time this important issue was addressed!!! "

 T. D. wrote on November 5, 2007 10:05 am:
" Who voted for this KOOK? How embarrassing for all Nebraskans to have him as a representative. And that group in Kansas should stop mocking as well. What a bunch of derailed individuals. But you know what gets me, besides? Chambers started this whole thing because of a girl who tried to get a judge to let her tell her side of the story in a rape case without so many words being banned and changed. (Remember: The "rape is not sex" court case)? Wow. They censored her--- but they won't censor Ernie Chambers. Victims get victimized time and time again: from fallen soldiers to sexual assault victims. This one is a sad story. "

 quack quack wrote on November 5, 2007 12:11 pm:
" Sounds to me like Mr. Chambers has the wrong alias on his defendant list to sue God. I don't believe anyone has ever heard Tom O. refer to himself as God or a prophet of God. He should be suing the Phelps clan as they have admitted being self proclaimed 'prophets' of God, and since God himself can't take the witness stand for all natural disasters, wouldn't the Phelps be the next obvious choice? "

 Good times wrote on November 5, 2007 12:16 pm:
" Ernie. Will be sure to contact the Phelps' when one of your family members passes on. I know how much you would want them at the funeral. "

 M wrote on November 5, 2007 12:25 pm:
" Senator Chambers is not supporting the beliefs of this "church" just their right to have and demonstrate their beliefs. Wrong as they might be. Isn't that also what the soliders have given their life for? The right to freedom, including that of speech? Surely you do not wish their deaths, loss of limb or illness to have been in vain. "

 Don wrote on November 5, 2007 1:31 pm:
" It doesn't surprise me that Ernie Chambers has defended the Westboro Baptist Church. Neither one of them know anything about God or Christianity. Westboro is Baptist in name only. Please don't lump those people in with mainstream Christianity. "

 Sue F. wrote on November 5, 2007 2:21 pm:
" I don't believe that Ernie defended the "church of lunatics". I believe he was defending "free speech". And while I am totally disgusted by Phelps and his church, I still believe in freedom for everyone, even hateful idiots. I do find it telling that we did not have much outrage when Phelps was only picketing the funerals’ of victims of gay hate crimes or AIDS. "

 Marky Mark wrote on November 5, 2007 2:34 pm:
" Isn't this a personal matter between Ernie and God? These Phelps people just go to show how anything can be done in the name of Religion. And a Texas lawyer....I'm sure he is in good standings with God right? "

 Silly Article wrote on November 5, 2007 2:38 pm:
" So WBC filed an amicus brief - big deal. Anyone of us could do the same if we felt like wasting the time to do so. Let's give Ernie a break - he's been at this for 37 years and so far we've survived. Besides, he will be term limited out soon, just be patient... "

 Defense of Free Speech wrote on November 5, 2007 2:47 pm:
" Unless I read the article wrong, I was under the impression that Ernie was NOT defending the Westboro Church, but rather their right to proclaim their views. I think anyone with a brain (Ernie included) would conclude that what they are doing is vile, despicable, disrespectful and overall repugnant. But that doesn't mean that they don't have the right to say it, even if we disagree with their message and their medium. I think if you really dislike it, you should do what those motorcycle "gangs" did and go form protective circles around the funeral groups, shielding them from the protesters. That was a courageous and heartwarming move, and one which showed the true majesty of what these soldiers have died defending: the right to vehemently disagree yet peacefully coexist. "

 Ohiowa wrote on November 5, 2007 4:23 pm:
" Now,let's just think about this.Since Ernie {an Atheist} is sueing GOD,would'nt that mean he is acknowledging that there is a GOD ? Just wondering! "

 dd wrote on November 5, 2007 4:27 pm:
" So when is Ernie's time up? It couldn't come soon enough. "

 Nina wrote on November 5, 2007 4:58 pm:
" Oh, boy, Senator Ernie, you hooked the big one this time. Go get 'em! If everyone the Phelps gang persecuted would file complaints/charges, as many fallen soldiers' families are now doing, this wacko group would finally go bankrupt and be forced to stay home. A million-dollar-plus suit was won against them last week, so it's possible. It will be appealed to the top, but political woe to any court 's judges that would reverse this decision. "

 Test of their faith? wrote on November 5, 2007 7:23 pm:
" 'In their amicus brief, Phelps and Phelps-Roper describe themselves as “prophets” sent by God to preach to the “inhabitants of this land.”' In America their freedom of speech is respected because of our Constitution. However the Phelps 'prophets' compare our great country and its great solders and fallen defenders to ancient Rome... Rome had a way of dealing with folks like the Phelps gang: two hungry lions and an arena. The Phelps bunch should be singing, "God Bless America"! "

 Jen wrote on November 6, 2007 6:37 am:
" I can see this turning into the episode of Family Guy where Peter calls the "Ghost that Never Lies" to the stand, and only Peter can see and hear him. The Phelps-Roper clan have got that down pat. "

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