HELENA -- The Senate endorsed legislation Wednesday that would make it a crime to demonstrate near a funeral or memorial service despite concerns it violates free speech and assembly rights.

The bill by Sen. Joe Tropila, D-Great Falls, was spurred by the picketing of military funerals in Montana and elsewhere by the Westboro Baptist Church of Topeka, Kan. The group contends that American soldiers are being killed because the United States tolerates homosexuality.

At least 30 other states have similar laws, and legislation is pending elsewhere.

Tropila and other supporters argued the restrictions are needed to protect grieving families and preserve the respect due to fallen soldiers.

"It's the fundamental right of people to be with their dead and not be subjected to the kinds of grievous things these folks from wherever put people through," said Sen. Dan McGee, R-Laurel.

Senators tentatively approved the measure, 35-14. A final vote is scheduled Today.

Known as the Right to Grieve in Privacy Act, the bill would ban picketing within 1,500 feet of funeral sites like churches, mortuaries and cemeteries. The restrictions would go into effect one hour before a service and end one hour after.

Violators could be fined up to $1,000 and spend up to a year in jail. Punitive damages and other relief could also be awarded to affected families.

Opponents, who included Democrats and Republicans, said they sympathized with grieving families but felt the bill stripped protesters of the constitutional rights that fallen soldiers fought to protect.

"In a way, we lessen the value of their fight if we weaken the right to speech," said Sen. Roy Brown, R-Billings.

Members of the Westboro Baptist Church have called similar restrictions in other states unconstitutional and promised to challenge them in court.

Sen. Rick Laible, R-Darby, said the bill still allows protesters to get their message out, and added it's not too much to ask that they move their demonstrations farther away for a limited time.

"At what cost do we infringe on families that are saying goodbye to their loved ones?" he said.

Other supporters argued the bill protects protesters from themselves by quelling the potential for fights with grieving families and counter protesters.

"We pass bills all the time to protect the ignorant," said Sen. Don Ryan, D-Great Falls.

Sen. Christine Kaufmann, D-Helena, said people can use more than their fists to counter such messages, citing the community members who donned angel costumes with oversized wings to block from sight protesters at the Wyoming murder trial of gay college student Matthew Shepard.

"That is how we meet offensive protests in this country," Kaufmann said. "We use our own First Amendment rights to get our message out there."

The following senators voted against the bill: Joe Balyeat, R-Bozeman; Roy Brown, R-Billings; Vicki Cocchiarella, D-Missoula; Jim Elliott, D-Trout Creek; Steve Gallus, D-Butte; Dan Harrington, D-Butte; Christine Kaufmann, D-Helena; Sam Kitzenberg, D-Glasgow; Greg Lind, D-Missoula; Lynda Moss, D-Billings; Jerry O'Neil, R-Columbia Falls; Bob Story, R-Park City; Dave Wanzenried, D-Missoula; and Carol Williams, D-Missoula.

The bill is Senate Bill 15.