‘Christian flag’ suit taken up by Supreme Court
Group wants access to city pole
A dispute between the city of Boston and a Christian group whose flag former Mayor Martin Walsh refused to fly on City Hall Plaza is headed for the U.S. Supreme Court.
The nation’s highest court added the case of Shurtleff v. Boston to its docket on Thursday in an order granting the plaintiff ’s petition to be heard.
Federal judges previously have sided against Hal Shurtleff and and his organization Camp Constitution, which in 2017 petitioned Walsh’s administration to fly what Shurtleff called the “Christian flag” — a white flag with a red cross on a blue square — on one of the flag poles in front of City Hall.
Boston flies various flags on its third pole all the time — with the first two poles holding the American flag with the POW/MIA flag under it, and the state flag. The city will fly advocacy flags like the rainbow LGBT banner or flags of other countries — which sometimes, like when it flies the Chinese flag, draw protests. It’s also turned down flags, such as the “straight pride” one.
But Walsh said the camp’s flag would make it seem like the city was endorsing Christianity over other religions, which it isn’t supposed to do.
The flag poles are the city’s, the administration continued, so what’s flown on them is considered government speech that the administration has control over, Walsh’s attorneys argued. The city also cited a policy saying it doesn’t fly nonsecular flags.
Camp Constitution, which describes itself on its website as a Christian group that seeks to “enhance understanding of our Judeo-Christian moral heritage, our American heritage of courage and ingenuity, including the genius of our United States Constitution,” argued that because the city had allowed so many other assorted flags, this was specifically discriminating against them because they’re conservative Christians.
A federal district judge sided with Boston — and then a court of appeals backed up that ruling.
Shurtleff on Thursday told the Herald that while “you never know with the Supreme Court,” he’s “optimistic” about his group’s chances.
He said he wanted to set a precedent, and added, “This case could benefit other groups, no matter their ideology.”
Asked about this suit, Boston Acting Mayor Kim Janey — whose administration ends in November, so she won’t be the one overseeing this going forward — said, “This is a very old case, I certainly respect the courts and await next steps.”