"I don't see them as normal people. They're a cross between crazy and monsters."

Attorney Sean Summers is talking about members of Westboro Baptist Church, the Kansas group that protests at soldiers' funerals, often carrying signs that say such things as "God hates fags" and "Thank God for Sept. 11."

They say God is punishing America for its tolerance of homosexuality.

The group has threatened to protest in Lancaster County twice, once at the funerals of Amish girls killed in the West Nickel Mines school shootings in 2006 and again this past week at Millersville University, where an anti- hate-group movie was going to be shown.

They didn't show up either time.

But four years ago, when Albert Snyder of York County was burying his 20-year-old son, Matthew, a Marine who'd been killed in a Humvee accident in Iraq, they did come with their signs: "Thank God for Dead Soldiers," "You're Going to Hell," "Semper Fi Fags."

More than 100 families have been targets in similar protests.

But Albert Snyder decided to fight back. He sued the group in hopes of stopping the demonstrations.

Summers, 40, a partner with the Lancaster/York firm of Barley Snyder, is the lead attorney in the case, which is expected to go to the Supreme Court in the fall.

"Anyone who intentionally harms another person while they are burying their son — that's despicable," Summers said. "There's no line they won't cross."

For Summers, this case, which he is working pro bono, is personal.

He served 12 years' active service in the U.S. Army, first as a soldier and then after law school (at Thomas M. Cooley Law School, where he graduated cum laude) as a prosecutor in the JAG Corps.

He was deployed to Afghanistan after Sept. 11, 2001, and is now in the reserves.

"My brother is in his fourth deployment. I have a lot of friends in the military," he said. "I couldn't imagine if the same thing happened to them."

But emotion does not guide the law. Freedom of speech is a basic tenet of the Constitution. People have the right to say hateful things.

"It's a complicated case for a lot of reasons," Summers said. "But take a step back and look at the First Amendment. There's freedom of speech, freedom of religion, freedom of peaceful assembly."

Summers argued two major legal points to a federal jury in 2007: the intentional infliction of emotional distress and invasion of privacy. In October 2007, Snyder was awarded $10.9 million in compensatory and punitive damages, which a judge later reduced to $5 million.

But last September, the 4th U.S. Circuit Court of Appeals reversed the verdict, ruling that the Westboro group's protest was constitutionally protected speech.

"The 4th Circuit basically said you can say anything whenever you want, wherever you want, and the more obnoxious it is the more protection you have," Summers said.

"Before the 4th Circuit opinion, (47) states accepted the tort of emotional distress. It was a very strong argument," he said. "But this decision nullifies that and the ability to have a remedy (by suing)."

The circumstances make this more than just a freedom-of-speech case, Summers said.

A group is free to protest and say whatever it chooses. Those who are offended are free to walk away.

But you can't walk away from your son's funeral.

"It's hard to deny that you are a captive audience. That has legal significance," he said.

Snyder appealed to the U.S. Supreme Court, which agreed to take the case in its fall term.

Then came a shock, which got national attention.

Snyder would be required to pay court costs, amounting to $16, 510.

"The timing was quite bizarre for an active case," Summers said.

The Westboro group immediately announced it would use the money to stage more protests.

Summers will be filing a brief with the U.S. Supreme Court on May 24.

"They could reaffirm the 4th Circuit's decision, they could reinstate the jury's award, or they could order a new trial," Summers said. "I am confident we will prevail, but I will admit it's a close call. There are a lot of conflicting principles."

Arguing before the Supreme Court is a rare experience for attorneys.

"When you ask the court to hear a case, only 1 to 2 percent get granted," Summers said. "Very few lawyers can say they have been there."

So is he nervous?

He sounds like a soldier when he responds.

"I'll get ready. I've been living this for four years; I'll continue to get ready."

He will have about 30 minutes in front of the justices.

"On any appellate level, you speak for about 15 seconds, and then they start asking questions, which is good for everybody, actually. I'm not a mind reader; I want to know what their questions are."

The Snyder case isn't the only one for the York resident, who is a single dad to two children, ages 10 and 15.

"I probably have about half a dozen cases that bring me to Lancaster pretty regularly," he said.

But this case means a lot to him.

"Al gave up more than most of us will ever give up," he said. "This is definitely an issue near and dear to my heart."

jholahan@lnpnews.com