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The dispute concerns the Christian group’s desire to fly a white flag bearing a red cross over a blue square in the upper left corner from an 83-foot flagpole outside of Boston’s city government headquarters. Two of the three town hall poles are used to display the American flag (with a POW / MIA flag) and the flag of the state of Massachusetts.
However, the Boston city flag which usually flies from the third pole has been lowered several times and replaced with flags from various groups or causes, including Gay Pride, and from foreign countries, including Albania, Italy, Portugal, Mexico, China, Cuba and Turkey. Some of these flags contain religious symbols.
Alternative flags flew at least 284 times over the 12-year period, often in connection with clusters of events held at Town Hall, according to the 1st Circuit Court of Appeals ruling.
But city officials have rejected the Christian group’s flag on the grounds that it appears to convey endorsement of particular religious views.
Despite the frequent substitution of the city’s flag by others, a three-judge appeals court unanimously ruled that the rejection of the Christian group’s flag did not violate the freedom of expression rights of the organization nor did it violate the First Amendment prohibition on establishing a religion. .
“The city has never flown such a flag and, as such, this pioneering elevation of an ‘important symbol’ of Christian heritage would come without the centuries-old background or significance that the passage of time has had to offer. at other shows, ”Judge Bruce Selya wrote in the Opinion of the 1st Circuit.
“The hoisting of the Christian flag would thus threaten to communicate and endorse a purely religious message in the name of the City. Where this endorsement is as widely visible and accessible as it is here, and where the City could run the risk of repeatedly coordinating the use of government property with hierarchs of all faiths, the concerns establishment of the city are legitimate. “
The Christian group is represented by a religious freedom organization, Liberty Counsel.
The Supreme Court is expected to hear arguments in the case early next year and render a decision by early July.
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