The Topeka, Kan.-based Westboro Baptist Church is within its first amendment rights to picket the funerals of soldiers with anti-gay messages, the U.S. Supreme Court ruled March 3.

“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain,” Chief Justice John Roberts wrote in an 8-1 opinion. “On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate.”

Members of the church said the ruling justifies their message, and said they believe America will continue to lose soldiers as punishment for allowing gays in the military.

“We’re still back to the basic proposition,” Margie Phelps, an attorney and daughter of Westboro Baptist Church founder, told the Associated Press. “You’ve got to put away your sins. Mourn for your sins or this nation is going down. Shutting us up wasn’t going to change that.”

In his lone dissenting opinion, Justice Samuel Alito strongly denounced the actions of Westboro Baptist Church.

“It does not follow, however, that they may intentionally inflict severe emotional injury on private persons at a time of intense emotional sensitivity by launching vicious verbal attacks that make no contribution to public debate,” Alito wrote.

Members of Westboro Baptist Church have picketed the funerals of dead servicemen nationwide in protest, as well as the funeral of Coretta Scott King.

The church garnered national headlines in recent months when it announced that it would protest the funeral of Christina Green, the nine-year-old victim of the Jan. 8 shooting in Tucson, Ariz. Gov. Jan Brewer enacted emergency legislation to keep the church away, but members decided not to appear in exchange for airtime to spread their message.

Despite the ruling, some states are taking proactive measures to keep the controversy away from their doorstep. Oregon Republican Rep. Patrick Sheehan introduced a bill that proposes restrictions around funerals, burials and memorial services. Protestors would have to stay 300 feet away from services from an hour before to an hour after services are concluded.

“We’ll allow them free speech but they don’t have to have that in the face of people who are grieving,” Sheehan told The Oregonian.

The American Civil Liberties Union of Oregon may challenge that bill, as organization officials said that free speech must be protected for all citizens.

“Free speech and the right to protest peacefully extend to all Americans, even if their messages are unpopular, distasteful and even hateful,” Andrea Meyer, ACLU legislative director told The Oregonian.