Boston City Hall was wrong to prevent Christian group flying flag, court rules

(CP) The United States Supreme Court has ruled that city officials in Boston, Massachusetts, were wrong to prohibit a group from flying a Christian flag at city hall.

In an opinion released Monday morning in the case of Harold Shurtleff, et al. v. Boston, MA, et al., the high court unanimously ruled to reverse a lower court decision and remand the case back to the U.S. Court of Appeals for the First Circuit.

Justice Stephen Breyer delivered the court's opinion, in which he concluded that "the First Amendment prevents [the government] from discriminating against speakers based on their viewpoint."

At issue, according to the court's opinion, was whether Boston's flag policy represented government speech; if it did, then it had the right to reject the Christian flag.

"We conclude that, on balance, Boston did not make the raising and flying of private groups' flags a form of government speech," wrote Breyer.

"That means, in turn, that Boston's refusal to let Shurtleff and Camp Constitution raise their flag based on its religious viewpoint 'abridg[ed]' their 'freedom of speech.'"

Justice Brett Kavanaugh authored a concurring opinion, in which he wrote that "a government does not violate the Establishment Clause merely because it treats religious persons, organizations, and speech equally with secular persons, organizations, and speech in public programs, benefits, facilities, and the like."

"Under the Constitution, a government may not treat religious persons, religious organizations, or religious speech as second-class," he added in his brief concurrence.

In 2017, Harold Shurtleff of Camp Constitution asked to fly the Christian flag (which features a cross) outside of city hall on Constitution Day 2017, but his request was rejected by the city.

Shurtleff filed suit against the city in response, with him being represented by the Liberty Counsel, a prominent conservative law firm that has handled many religious liberty cases.

In February 2020, U.S. District Judge Denise Casper, an appointee of former President Barack Obama, ruled in favor of Boston, and a three-judge panel of the First Circuit unanimously upheld the lower court ruling in January 2021.

Judge Bruce Selya, an appointee of former President Ronald Reagan, wrote the panel opinion, arguing that the "three flags flying in close proximity communicates the symbolic unity of the three flags," and therefore, it "strains credulity to believe that an observer would partition such a coordinated three-flag display."

Shurtleff appealed to the U.S. Supreme Court, gaining the support of groups including the ACLU, which filed an amicus brief in his support.

"We have long expressed concern about government endorsement of religion, and have sued often to enforce the Establishment Clause," stated ACLU National Legal Director David Cole last November. "But when the government opens a forum to private speakers generally, as Boston did here, it can't turn away a speaker simply because it is religious."

© The Christian Post

50% OFF
18K Gold Plated Initial Pendant Necklace with Reinforced Box Chain
$6.49 $12.99
50% OFF
6-Inch Desktop Pottery Wheel Kit for Beginners with 2.2lb Air Dry Clay
$44.99 $89.98
50% OFF
Portable Folding LED Book Light Night Lamp with Floral Print Cover
$11.99 $23.99
26% OFF
Magnelex American Flag Windshield Sun Shade - High-Resolution UV Reflective Heat Shield (X-Large)
$19.9 $26.9
50% OFF
TailSphere 12-in-1 Turkey Tail Mushroom Immune Support Chews for Dogs (90 Count)
$13.49 $26.99
50% OFF
Aegend Diving Dry Snorkel for Adults and Youth with Top Dry Valve
$7.49 $14.99
50% OFF
Aegend Kids Swim Goggles for Toddlers 3-8 with Anti-Fog and No-Hair-Pull Strap
$4.49 $8.99
73% OFF
Smart Bluetooth Body Fat Scale with LED Display and Body Composition Analyzer
$21.58 $79.96
73% OFF
COSLUS C20 Portable Cordless Water Dental Flosser and Oral Irrigator
$7.99 $29.99
29% OFF
Pleco SK01 Solar Powered Robotic Pool Skimmer with App Control (Obsidian & Ivory)
$284.99 $399.99
52% OFF
Cordless Robotic Pool Cleaner C1 with Wall Climbing and App Control (Glossy Black)
$290.69 $599.99
52% OFF
NEWFAST Outdoor WiFi Extender with MU-MIMO and 3 Gigabit Ports (IP66)
$47.99 $99.99
51% OFF
NEWFAST AXE5400 Tri-Band USB WiFi 6E Adapter with 4 Antennas (NF-U357)
$44.45 $89.99
The $400 Mouse I Thought Was Ridiculously Expensive—Until It Changed How I Work
$0 $0
50% OFF
NEWFAST NF-RE523 AC1200 WiFi Extender - 1200Mbps Dual Band Signal Booster & Internet Repeater
$18.5 $36.99
36% OFF
Men's Athletic Running Shorts with Zipper Pockets - Lightweight & Quick Dry
$12.74 $19.99
Sealy 2-Pack Tritech 16" Twin Inflatable Air Mattress with Built-in AC Pump
$0 $113.99
20% OFF
INTEX Prism Frame 20ft x 52in Above Ground Pool Set - Round Steel Frame Swimming Pool
$695.99 $869.99
Gardner Pet 43" Heavy Duty Dog Crate with Wheels - Indestructible Folding Metal Cage (Black)
$0 $149.99
23% OFF
Ergonomic Office Chair - Big and Tall Desk Chair with Adjustable Lumbar Support
$279.99 $363.99
Newsletter Stay up to date with Christian Today
News
Pastors are still struggling but relief remains out of reach for many
Pastors are still struggling but relief remains out of reach for many

Pastoral satisfaction has dropped 20 points since 2015 but the measures many pastors believe would help are often unattainable.

Jordan Peterson says activities remain 'very limited' in health update
Jordan Peterson says activities remain 'very limited' in health update

Canadian psychologist and author Jordan Peterson has shared a health update, revealing his activities remain "very limited" as he continues recovering from a prolonged illness, but he has resumed writing and is "relieved" to "be doing something creative and useful."

Tributes paid to Lord Mackay of Clashfern, committed Christian and public servant
Tributes paid to Lord Mackay of Clashfern, committed Christian and public servant

Lord Mackay, who has died aged 99, was described as "a great Conservative, a great lawyer, a great Lord Chancellor, and also a man of profound Christian faith".

Gloucester Cathedral holds dedication service for new pipe organ
Gloucester Cathedral holds dedication service for new pipe organ

The unveiling coincides with an organ festival being hosted by the cathedral.

Today's Top Deals

18K Gold Plated Initial Pendant Necklace with Reinforced Box Chain

$6.49
$12.99 50% OFF
View Deal

6-Inch Desktop Pottery Wheel Kit for Beginners with 2.2lb Air Dry Clay

$44.99
$89.98 50% OFF
View Deal

Portable Folding LED Book Light Night Lamp with Floral Print Cover

$11.99
$23.99 50% OFF
View Deal

Magnelex American Flag Windshield Sun Shade - High-Resolution UV Reflective Heat Shield (X-Large)

$19.9
$26.9 26% OFF
View Deal

TailSphere 12-in-1 Turkey Tail Mushroom Immune Support Chews for Dogs (90 Count)

$13.49
$26.99 50% OFF
View Deal

Aegend Diving Dry Snorkel for Adults and Youth with Top Dry Valve

$7.49
$14.99 50% OFF
View Deal

Aegend Kids Swim Goggles for Toddlers 3-8 with Anti-Fog and No-Hair-Pull Strap

$4.49
$8.99 50% OFF
View Deal

Smart Bluetooth Body Fat Scale with LED Display and Body Composition Analyzer

$21.58
$79.96 73% OFF
View Deal

COSLUS C20 Portable Cordless Water Dental Flosser and Oral Irrigator

$7.99
$29.99 73% OFF
View Deal

Pleco SK01 Solar Powered Robotic Pool Skimmer with App Control (Obsidian & Ivory)

$284.99
$399.99 29% OFF
View Deal

Cordless Robotic Pool Cleaner C1 with Wall Climbing and App Control (Glossy Black)

$290.69
$599.99 52% OFF
View Deal

NEWFAST Outdoor WiFi Extender with MU-MIMO and 3 Gigabit Ports (IP66)

$47.99
$99.99 52% OFF
View Deal

NEWFAST AXE5400 Tri-Band USB WiFi 6E Adapter with 4 Antennas (NF-U357)

$44.45
$89.99 51% OFF
View Deal

The $400 Mouse I Thought Was Ridiculously Expensive—Until It Changed How I Work

$0
$0 0% OFF
View Deal

NEWFAST NF-RE523 AC1200 WiFi Extender - 1200Mbps Dual Band Signal Booster & Internet Repeater

$18.5
$36.99 50% OFF
View Deal

Men's Athletic Running Shorts with Zipper Pockets - Lightweight & Quick Dry

$12.74
$19.99 36% OFF
View Deal

Sealy 2-Pack Tritech 16" Twin Inflatable Air Mattress with Built-in AC Pump

$0
$113.99 0% OFF
View Deal

INTEX Prism Frame 20ft x 52in Above Ground Pool Set - Round Steel Frame Swimming Pool

$695.99
$869.99 20% OFF
View Deal

Gardner Pet 43" Heavy Duty Dog Crate with Wheels - Indestructible Folding Metal Cage (Black)

$0
$149.99 0% OFF
View Deal

Ergonomic Office Chair - Big and Tall Desk Chair with Adjustable Lumbar Support

$279.99
$363.99 23% OFF
View Deal