how about the mourners' rights to peaceably assemble?
the keyword there being "peaceful", no one should have to bury their son or daughter with a babbling gaggle of religious zealots in the background.
You don't think it is a right to bury your son in peace?
they are assembling peacefully aren't they? I believe it's written that the people assembling are peaceful and not that their surroundings have to be
personally I do but where is that written?
and where is that right stated anywhere in the laws of this country? I understand the sentiment but we can't just make up stuff as we see fit
If there is a right that is a "human right" that superceds written law I'd dare say being able to bury a loved one without others trampling the Constitution in the process.
Since you are using the right to protest argument then I could use the freedom of religion argument and state that it is impeding on the rights of the deceased to be buried in their own faith.