Liberty Council, “a legal organization advocating for anti-LGBT discrimination under the guise of religious liberty” according to the Southern Poverty Law Center, is petitioning the US Supreme Court to reverse a First Court of Appeals decision denying a right to fly a Christian flag over Boston City Hall.
“The City of Boston maintains a policy and practice of respectfully refraining from flying nonsecular flags on the City Hall flagpoles,” explained City Hall Property Manager Gregory Rooney, as reported by LGBTQ Nation.
“This policy and practice is consistent with well-established First Amendment jurisprudence prohibiting a local government from ‘respecting an establishment of religion.’ This policy and practice is also consistent with the City’s legal authority to choose how a limited government resource, like the City Hall flagpoles, is used,” Rooney wrote.
Reports LGBTQ Nation:
It all started when an organization called Camp Constitution applied and received a permit to hold a rally at Boston City Hall. The group also requested the ability to raise the Christian flag on the city’s flagpoles next to the American and city flags.
The group’s founder, Hal Shurtleff, wanted to “include short presentations by clergy members, a brief historical overview of Boston as “the city set on a hill,” and “the raising of the Christian Flag on one of the City Hall Plaza flagpoles” in the program according to an email Liberty Counsel sent to city leaders.
Liberty Counsel has argued that the group has a right to fly the Christian flag because City Hall has flown flags like the Transgender Pride flag, the Juneteenth flag, and the rainbow Pride flag.
In 2018, U.S. District Judge Denise Casper shot down their claims.
The “primary purpose” of an event to raise a Christian flag “would be to convey government endorsement of a particular religion by displaying the Christian flag alongside that of the United States and the commonwealth in front of City Hall,” Casper wrote.
“Blowing in the wind, these side-by-side flags could quite literally become entangled.”
Casper found that the city’s rule against all religious flags was neutral and therefore permissible. She also shot down their arguments about the other flags that had been raised, explaining that none were of a religious nature.
“Plaintiffs also emphasize the City’s prior decisions to grant permission to private parties to raise the LGBT rainbow pride flag, transgender rights flag and the Juneteenth flag on the City flagpole,” the ruling says. “However, none of these flags are religious on their face.”
Liberty Counsel appealed and lost again in the First District Court. And now, they are banking on the Supreme Court to help them.
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