1st Amendment protects military funeral protesters - Yahoo! News WASHINGTON â The Supreme Court ruled Wednesday that the First Amendment protects fundamentalist church members who mount anti-gay protests outside military funerals, despite the pain they cause grieving families. The court voted 8-1 in favor of the Westboro Baptist Church of Topeka, Kan. The decision upheld an appeals court ruling that threw out a $5 million judgment to the father of a dead Marine who sued church members after they picketed his son's funeral. Chief Justice John Roberts wrote the opinion for the court. Justice Samuel Alito dissented.