Fred Phelps
Fred Waldron Phelps Sr. (November 13, 1929 – March 19, 2014) was an American disbarred lawyer and pastor who founded and led the Westboro Baptist Church, a small independent congregation in Topeka, Kansas, established in 1955.[1][2] Phelps, who earlier pursued civil rights litigation successfully in the 1950s and 1960s, directed the church's protests condemning homosexuality as an abomination warranting eternal damnation, often staging pickets at military funerals and public events with signs declaring "God Hates Fags" and attributing casualties to divine vengeance against societal immorality.[3][1] The U.S. Supreme Court upheld the legality of such demonstrations in Snyder v. Phelps (2011), ruling them protected speech on public issues despite their inflammatory content.[4] Disbarred by the Kansas Supreme Court in 1979 for professional misconduct, Phelps remained the church's patriarch until his excommunication shortly before his death.[5]Early Life
Childhood and Family Origins
Fred Waldron Phelps Sr. was born on November 13, 1929, in Meridian, Lauderdale County, Mississippi, to Fred Wade Phelps, a detective employed by the Southern Railroad, and Catherine Idalette Johnston Phelps, a homemaker.[6][7] He was the elder of two sons born to the couple.[6] Phelps' early family environment was marked by the loss of his mother, who died on September 3, 1940, when he was 10 years old.[8] Raised in a Methodist household in the rural South, he engaged in youth group activities at Central United Methodist Church during his high school years in Meridian, reflecting initial immersion in Protestant traditions emphasizing personal piety and moral discipline.[6] At age 17, in 1947, Phelps underwent a transformative religious revival experience within Methodist circles that shifted his convictions toward Baptist theology, culminating in his ordination as a Southern Baptist minister on September 8, 1947.[6] This precocious dedication to preaching and doctrinal advocacy indicated an early intensity in confronting moral issues, rooted in the revivalist fervor common to mid-20th-century Southern Protestantism.[6]Education and Early Influences
Phelps graduated from high school in Meridian, Mississippi, on May 28, 1946, at the age of 16.[9] In January 1947, he enrolled at Bob Jones University in Greenville, South Carolina, a fundamentalist Christian institution emphasizing strict adherence to biblical principles.[9] He left the university in 1948 after a brief period of study. That same year, Phelps was ordained as a minister by the First Baptist Church in Vernal, Utah, an early indicator of his developing religious vocation.[10] Relocating to California, Phelps engaged in street preaching while attending John Muir College in Pasadena, where he earned an associate's degree in 1951.[11] His exposure to evangelical preaching and self-directed biblical study during this time honed rhetorical and analytical abilities rooted in scriptural exegesis. A pivotal influence was his conversion during a Methodist revival meeting as a teenager, which prompted him to decline an appointment to the United States Military Academy at West Point in favor of pursuing ministry.[11] By 1954, after moving to Topeka, Kansas, Phelps accepted a position as associate pastor at East Side Baptist Church, signaling a deliberate shift from secular pursuits toward full-time religious leadership.[11] He subsequently enrolled at Washburn University School of Law, completing a law degree in 1964, which equipped him with legal reasoning skills later integrated into his theological advocacy.[12][13] These formative experiences at conservative religious institutions and through independent preaching solidified his literalist interpretation of the Bible as the foundation for moral and social analysis.Professional Career as Attorney
Entry into Law and Initial Practice
Fred Phelps received his Bachelor of Laws degree from Washburn University School of Law in 1964.[6] Despite initial resistance from local attorneys and difficulty obtaining judicial endorsements of good moral character required for admission, Phelps secured alternative affidavits, including references to his Eagle Scout achievements and a letter from former President Harry Truman, leading to his admission to the Kansas Bar on February 12, 1964.[6][13] Phelps established a private law practice in Topeka, Kansas, shortly after admission, focusing on courtroom litigation and building a reputation for tenacity and aggressive advocacy.[6] His early cases included local disputes, such as a 1972 lawsuit against Topeka lawyers, county commissioners, and a judge, in which he alleged involvement in a corrupt political machine engaging in illegal acts.[13] He also pursued consumer-related matters, exemplified by a 1974 class-action suit against Sears seeking $50 million for delayed television deliveries, which ultimately settled for a nominal amount in 1980.[13] Phelps' confrontational style emerged in these initial efforts, characterized by direct accusations of systemic corruption and flaws in local institutions, reflecting a commitment to challenging perceived injustices through vigorous legal challenges rather than deference to established norms.[6] This approach contributed to his early success in generating income and establishing a presence in Topeka's legal community, though it foreshadowed later professional conflicts.[6]Civil Rights Litigation
In the 1950s and 1960s, Phelps represented African American clients in Kansas courts, pursuing litigation to dismantle racial segregation in public facilities such as schools, swimming pools, and other municipal amenities.[3] These cases targeted state-enforced barriers under the "separate but equal" doctrine, yielding several victories that advanced desegregation locally before and in the wake of the 1954 Brown v. Board of Education ruling.[3] For instance, in Johnson v. Topeka Board of Education, Phelps challenged discriminatory practices by the Topeka school system, contributing to efforts that eroded segregated education in the state.[14] Phelps' practice comprised approximately one-third of Kansas' civil rights caseload during this period, emphasizing pragmatic legal challenges to discriminatory policies rather than broader ideological affiliations.[15] His successes included monetary awards and injunctions against segregationist holdouts, aligning with the era's Democratic-led push for enforcement amid Republican associations with southern resistance.[15] These outcomes were grounded in evidentiary demonstrations of unequal facilities and resources, prioritizing causal evidence of harm over abstract equality claims. Recognition for his work came from civil rights organizations, including a 1987 award from the Bonner Springs branch of the NAACP citing his "steely determination for justice" in civil rights advocacy.[16] Additional honors, such as from the Greater Kansas City Chapter of Blacks in Government in the 1980s, underscored his role in securing tangible gains against racial barriers through litigation.[15]Ethical Violations and Disbarment
In 1977, the Kansas Board for Discipline of Attorneys initiated proceedings against Fred Phelps for multiple instances of professional misconduct, culminating in hearings held from March 13 to 15, 1978.[17] The primary charges centered on Phelps' actions in the case of Robinson v. Brady (1976), where he filed a motion for a new trial containing false statements about witness testimony, including misrepresentations denied by the witnesses themselves.[17] These violations encompassed breaches of Disciplinary Rules DR 1-102(A)(4) (engaging in dishonesty), DR 1-102(A)(5) (conduct prejudicial to the administration of justice), DR 7-102(A)(5) (knowingly making false statements of law or fact), and K.S.A. 60-211 (requiring pleadings to be signed with integrity).[17] Additionally, the panel documented a pattern of illegal harassment under DR 7-102(A)(1), manifested in abusive and irrelevant cross-examination stemming from a personal vendetta against witness Carolene Brady.[18] A review panel issued its report on February 12, 1979, sustaining the charges and recommending discipline, which the Kansas Supreme Court affirmed after finding the evidence supported the findings of unethical conduct.[17] The court emphasized Phelps' disregard for his oath as an attorney and the ethical standards of the profession, noting this as part of a broader pattern that included a prior two-year suspension in 1969 for separate violations.[17] On July 20, 1979, the Kansas Supreme Court ordered Phelps' disbarment and assessed him the costs of the proceedings, ruling that "the practice of law is a privilege rather than a right and by his conduct, respondent has forfeited his privilege."[17] While Phelps' courtroom style reflected the aggressive tactics common in the era's polarized civil rights litigation, the rulings identified specific crossings into personal attacks and dishonesty that warranted the sanction without mitigation.[17] Phelps challenged the disbarment through federal litigation, filing a Section 1983 civil rights suit in 1979 alleging due process violations by the Kansas Supreme Court.[5] The U.S. District Court dismissed the complaint, and on October 5, 1981, the Tenth Circuit Court of Appeals affirmed, holding that the state court's decision rested on substantial evidence from multiple sustained charges, rendering the disbarment neither arbitrary nor a denial of fair procedure.[5] The federal court noted that disbarment could have been justified on any single charge alone, underscoring the sufficiency of the record against Phelps' claims of bias or inadequacy in the state process.[5]Religious Ministry
Founding of Westboro Baptist Church
Fred Phelps established the Westboro Baptist Church in Topeka, Kansas, in 1955 as an independent Primitive Baptist congregation.[11] The church initially emphasized local preaching and worship services centered on biblical repentance and moral accountability.[11] Phelps, serving as its founding pastor, drew from Old School Baptist traditions that rejected modern denominational structures in favor of strict adherence to scriptural authority.[11] Membership growth occurred predominantly through Phelps' extended family network, reflecting a tightly knit, insular structure driven by shared doctrinal commitments. By the 1970s, the core congregation consisted mainly of Phelps' 13 children and their spouses, who participated actively in church operations and evangelism efforts. This family-centric model ensured organizational cohesion but limited external recruitment, prioritizing purity of belief over numerical expansion. Over time, the church's practices evolved from traditional Sunday services to incorporate public engagement, with organized pickets emerging by the early 1990s as a means of doctrinal outreach. This shift marked a transition toward confrontational evangelism, though the family-based leadership under Phelps remained central to decision-making and execution.Core Theological Positions
The Westboro Baptist Church, led by Fred Phelps, espoused a strict literalist theology rooted in Primitive Baptist traditions, prioritizing unadulterated adherence to biblical texts over interpretive leniency or cultural accommodation. Central to this framework was the unequivocal condemnation of homosexuality as an abomination under divine law, with Leviticus 18:22 prohibiting a man from lying with another male "as with womankind" and Leviticus 20:13 mandating death for offenders: "they shall surely be put to death; their blood shall be upon them." Phelps interpreted these Mosaic statutes as enduring moral imperatives, exemplified by God's destruction of Sodom and Gomorrah in Genesis 19 for sodomy and related vices, as corroborated in Ezekiel 16:49-50 and Jude 7.[19] Rejecting mainstream evangelical separations of sin from sinner, the church doctrine affirmed God's active hatred of unrepentant individuals, drawing from Psalm 5:5—"thou hatest all workers of iniquity"—to counter the phrase "God hates the sin but loves the sinner" as a sentimental fabrication alien to Scripture. This extended to viewing God as sovereign over creation, including evil (Isaiah 45:7), with human depravity universal (Romans 3:23) yet homosexuality singled out for its brazen defiance amid societal endorsement. Phelps positioned such sins as catalysts for collective ruin, insisting on repentance or perdition (Luke 13:3-5).[20] Theology further emphasized causal divine judgments on nations, positing U.S. military deaths—totaling over 4,400 in Iraq and 2,400 in Afghanistan by 2014—as targeted punishments for tolerating "fag-enabling" policies and proliferating false doctrines in churches deemed idolatrous. These calamities served as harbingers of eschatological wrath (Romans 9:22), linking national apostasy directly to God's retributive sovereignty rather than coincidence or human agency alone.[4][21] Maintaining independence from Baptist associations or ecumenical coalitions, the church under Phelps eschewed affiliations to avoid doctrinal compromise, critiquing broader Christianity for diluting scriptural rigor on sin and judgment. Phelps functioned as the paramount interpreter, enforcing exclusivity where only those affirming these positions—repentant believers in Christ (Mark 16:16)—could partake, thereby safeguarding against syncretism.[20]Evolution of Church Practices
The Westboro Baptist Church's public practices shifted markedly in the early 1990s, when it initiated organized picketing campaigns targeting local individuals and events deemed sinful, beginning with protests near Gage Park in Topeka, Kansas, in June 1991.[22] [23] This marked a transition from primarily internal sermons and legal advocacy to street-level demonstrations emphasizing doctrinal warnings against unrepentant sin, coordinated largely by Phelps family members who handled logistics, sign production, and scheduling.[22] Following Fred Phelps's disbarment by the Kansas Supreme Court on July 20, 1979, for repeated ethical violations in legal practice, the church redirected resources toward full-time religious activism, amplifying picketing frequency and visibility as a core operational mode.[6] [24] To extend outreach beyond physical protests, the church adopted digital platforms in the late 1990s and early 2000s, launching websites such as godhatesfags.com to publish sermons, theological justifications, and protest documentation, thereby disseminating messages globally without reliance on mainstream media.[23] Family members, including Phelps's children and grandchildren, played central roles in content creation and online coordination, evolving rudimentary signage—initially handmade with markers on poster board—into standardized, professionally produced materials by the mid-2000s to enhance protest impact.[22] [23] Internally, the church enforced doctrinal fidelity through rigorous discipline, including shunning and excommunication of members, often family, who deviated from core positions on sin and repentance, a practice that predated Phelps's own ouster and contributed to operational cohesion amid external scrutiny.[25] This selective purging maintained a insular structure but correlated with membership stagnation and eventual decline; by the 2010s, active participants numbered around 40-70, predominantly Phelps relatives, reflecting limited recruitment outside the family and ongoing defections.[22] [25]Activism and Public Confrontations
Anti-Homosexuality Campaigns
In June 1991, Fred Phelps and members of the Westboro Baptist Church launched their first organized picket against homosexuality near Gage Park in Topeka, Kansas, targeting what they claimed was a site of illicit homosexual activity. Phelps positioned these campaigns as a divine mandate to expose and condemn sodomy as the preeminent national sin, arguing that societal tolerance invited God's retributive wrath on America, evidenced by events like natural disasters and military casualties. This local action marked the onset of a sustained effort, with the church conducting daily pickets in Topeka and expanding to target homosexual establishments, such as restaurants employing lesbians.[22][23] The theological foundation rested on a literalist interpretation of Scripture, emphasizing passages that depict homosexual acts as abominations warranting death, including Leviticus 20:13 and Romans 1:26-27, alongside Genesis 13:13's condemnation of Sodom's wickedness. Phelps rejected the notion that "God hates the sin but loves the sinner" as unbiblical, asserting instead that God actively hates unrepentant practitioners of iniquity, per Psalm 5:5, and that failure to publicly denounce such sin equated to complicity in national doom. Signs emblazoned with "God Hates Fags" became emblematic, encapsulating this view and intended to provoke repentance through stark warnings of eternal judgment.[19][20] Over subsequent decades, the campaigns proliferated nationally, protesting gay pride parades, media outlets promoting homosexual normalization, and public figures advocating for related policies, with the church logging thousands of such demonstrations amid its overall tally exceeding 40,000 pickets by the 2010s. Adherents regarded these as prophetic obedience to biblical imperatives for verbal rebuke of sin, contrasting with mainstream cultural shifts toward acceptance. Detractors, often from advocacy groups, dismissed the rhetoric as incendiary and dehumanizing, though Phelps countered that empirical observations of societal decay corroborated scriptural prophecies of consequence for endorsing what he termed "filthy sodomites." This occurred against a backdrop of pre-2015 legal and ethical contests over homosexual conduct's status, where traditionalist positions drew from historical Judeo-Christian norms amid rising civil rights claims.[22][23][4]Funeral and Military Protests
In 2005, Westboro Baptist Church members, led by Fred Phelps, began targeting funerals of American soldiers killed in the Iraq and Afghanistan wars, escalating their protest activities to include signage asserting divine retribution for national policies perceived as sinful, such as tolerance of homosexuality.[26] Prominent placards read "Thank God for Dead Soldiers," framing military casualties as God's judgment on America for moral failings, including support for gay rights and failure to criminalize sodomy.[27] These demonstrations typically involved small groups—often fewer than a dozen picketers—positioned on public sidewalks at required distances from funeral sites, chanting and displaying signs without physical interference or violence.[4] By 2011, the church had picketed hundreds of military funerals across the United States, with protests occurring regardless of the deceased soldier's personal conduct and focusing instead on broader societal critiques.[28] Public backlash was intense, prompting the formation of counter-protest groups like the Patriot Guard Riders, who used motorcycles and American flags to shield mourners from visibility and noise, effectively drowning out the picketers in many instances.[29] In response to these disruptions, Congress enacted the Respect for America's Fallen Heroes Act on May 29, 2006, prohibiting protests within 300 feet of entrances to national cemeteries during military funerals held there, with similar buffer-zone laws adopted in multiple states to limit proximity without broadly curtailing public assembly rights.[27] The church's tactics faced legal scrutiny in Snyder v. Phelps (2011), where the U.S. Supreme Court ruled 8-1 that Westboro's picketing of Marine Lance Corporal Matthew Snyder's March 2006 funeral—featuring signs like "Thank God for Dead Soldiers" and "God Hates the USA"—constituted protected speech on matters of public concern under the First Amendment, as the protests occurred on public property, complied with local ordinances, and avoided targeted harassment of individuals.[4] [30] While critics, including affected families, documented severe emotional distress from the protests' inflammatory rhetoric, courts consistently affirmed their non-violent nature and contextual public-issue focus, rejecting tort liability for intentional infliction of emotional distress on First Amendment grounds.[31] This ruling reinforced the protests' legal viability as expressive conduct, though it fueled ongoing debates over balancing unrestricted speech against the sanctity of memorial services.[32]International Travel and Restrictions
Members of the Westboro Baptist Church, directed by Fred Phelps, conducted protests in Canada during the 2000s as part of efforts to publicize their anti-homosexuality message internationally. In August 2008, several church members, including Shirley Phelps-Roper, entered Canada to picket the funeral of Tim McLean, a victim of a beheading attack on a Greyhound bus in Manitoba, carrying signs condemning homosexuality and national tolerance of it. [33] Canadian authorities attempted to bar Fred Phelps personally from entry under immigration rules prohibiting those who promote hatred, notifying border officials to deny him admission, though some family members succeeded in crossing. [34] Canada later enforced broader restrictions on Westboro Baptist Church members, banning their entry due to the group's advocacy of views deemed to incite hatred against homosexuals, effectively curtailing further protests after the 2008 incident. [35] These measures reflected Canada's immigration laws allowing exclusion for promoting violence or hatred, in contrast to U.S. First Amendment protections that shielded similar domestic activities from content-based penalties, though U.S. arrests of Phelps' followers in the 1990s were limited to logistical violations like permit non-compliance rather than speech itself. In the United Kingdom, Phelps and church members planned protests in early 2009 against a production of the play Corpus Christi, which depicts Jesus and apostles as gay, but were preemptively barred. On February 19, 2009, the UK Home Office designated Fred Phelps and Shirley Phelps-Roper as persona non grata, excluding them from entry on grounds that their presence would not be conducive to the public good and risked fostering "extremism and hatred." [36] [37] The decision invoked UK laws against hate speech and incitement, preventing any physical protests and underscoring jurisdictional tensions: while U.S. courts upheld the church's expressive rights absent direct threats, foreign nations prioritized public order over absolute speech freedoms, resulting in negligible international footprint for Phelps' campaigns. [38]Legal Battles Over Speech and Assembly
In the 1990s, Westboro Baptist Church, under Fred Phelps's leadership, filed multiple lawsuits against Topeka, Kansas, authorities challenging local restrictions on public assembly and speech, including ordinances aimed at limiting protests near events like funerals. These efforts resulted in overturned injunctions and revisions to Kansas laws, such as the state's Funeral Picketing Act, which courts deemed unconstitutional under the First Amendment, yielding over $200,000 in attorney fees awarded to the church via prevailing-party countersuits.[39] The 2011 Supreme Court decision in Snyder v. Phelps represented a pivotal victory affirming these protections. After church members picketed the March 10, 2006, funeral of Marine Lance Corporal Matthew Snyder in Westminster, Maryland, bearing signs decrying homosexuality and U.S. military policy, Snyder's father sued Phelps and the church for intentional infliction of emotional distress, intrusion upon seclusion, and related torts. A federal jury in the U.S. District Court for the District of Maryland awarded $10.9 million in damages on October 30, 2007, which the judge reduced to $5 million.[4][31] The Fourth Circuit Court of Appeals reversed the verdict in September 2009, ruling the speech occurred on public property addressing matters of public concern—such as clerical influence on policy and national tolerance of homosexuality—thus meriting First Amendment shielding from tort liability despite its offensive nature. The Supreme Court upheld this 8-1 on March 2, 2011, with Chief Justice John Roberts writing that content-based restrictions on public-issue speech in traditional forums like streets violate core protections, even if causing emotional harm, as "speech on public issues occupies the highest rung of the hierarchy of First Amendment values."[32][31] Church countersuits in these and similar cases recovered substantial fees, including $16,510 ordered from Albert Snyder following the Fourth Circuit reversal and over $100,000 from a 1995 challenge to Kansas picketing restrictions. No criminal convictions arose from the content of Westboro's protests, with judicial outcomes empirically limiting adverse rulings to civil claims later vacated on constitutional grounds. Supporters, including organizations like the ACLU, hailed these precedents for broadening safeguards against viewpoint discrimination, while detractors argued they facilitated unchecked disruption; however, the rulings rested on strict scrutiny of assembly rights over untargeted private harms.[40][41]Political Engagements
Electoral Runs and Party Affiliation
Phelps maintained lifelong registration with the Democratic Party and ran exclusively in its primaries for Kansas offices, a choice aligned with the state's historical Democratic dominance in gubernatorial and local races during much of the 20th century, allowing access to ballots without Republican opposition in a conservative-leaning general electorate.[15][12] His campaigns, spanning from local to statewide levels, consistently emphasized anti-corruption measures alongside moral critiques of societal sins, though they yielded no victories and minimal vote percentages, functioning more as platforms for doctrinal visibility than electoral success.[15]| Year | Office | Primary Result |
|---|---|---|
| 1990 | Governor of Kansas | 11,634 votes (6.7%); third place in Democratic primary[13][42] |
| 1992 | U.S. Senate (Kansas) | 30.8% of vote; lost Democratic primary[13] |