Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston
Encyclopedia
Hurley v. Irish American Gay, Lesbian, and Bisexual Group of Boston, 515 U.S. 557
(1995), is a landmark decision of the Supreme Court of the United States
regarding the right to assemble
and for groups to determine what message is actually conveyed to the public. Generally, the Court ruled that private organizations, even if they were planning on and had permits for a public demonstration, were permitted to exclude groups if those groups presented a message contrary to the one the organizing group wanted to convey. More specific to the case, however, the Court found that private citizens organizing a public demonstration may not be compelled by the state to include groups who impart a message the organizers do not want to be included in their demonstration, even if such a law had been written with the intent of preventing discrimination.
, both on March 17 of that year. After 1947, Mayor James Michael Curley
gave authority to the South Boston Allied War Veterans Council, a group of unincorporated private citizens that had been elected from a variety of Boston veterans' groups, to conduct the parade themselves. This arrangement went relatively without incident—the South Boston Allied War Veterans Council ("Council") being the only other group to ever apply for a parade permit—until 1992.
In 1992, the Irish-American Gay, Lesbian and Bisexual Group of Boston ("GLIB") requested that it be allowed to march in the parade alongside the usual attendees. GLIB argued that they were not primarily a group aimed at conveying a "gay, lesbian, and bisexual message"; rather, they said they were Irish descendants who happen to be gay, lesbian, and bisexual, and who are proud of both their sexual orientation
and their Irish ancestral nationality. The Council refused to allow GLIB to march in the parade. GLIB sought a court order compelling the Council to allow them to march, citing a Massachusetts law that forbade "discrimination or restriction on account of... sexual orientation... relative to the admission of any person to, or treatment in any place of public accommodation, resort or amusement." The court order was granted, and GLIB marched in the parade "uneventfully."
Despite the court order in 1992, the Council again denied GLIB's admission to participating in the parade in 1993. The state trial court found that GLIB's argument was valid, reasoning that the parade had traveled roughly the same route for decades, that it frequently (if not always) accepted involvement and participation from the general public, and that it rarely, if ever, required formal submissions to entry into the parade, sometimes permitting groups to enter the proceedings the day of the event. In essence, GLIB stated that it must be permitted to march in the parade because the Council employed no uniform screening process of other groups that had previously been permitted to march with them. While the Council had prohibited certain groups (such as the Ku Klux Klan
) from joining the parade, the trial court believed that these were not significant or germane to the facts presented. In short, the trial court determined that the parade was less a private event and more of an "open recreational event"; thus, the First Amendment
did not even come into play. Because the statute did not demand that GLIB be allowed in the parade, merely that the Council could not forbid groups based on sexual orientation, the infringement on the Council's right of expressive association was "incidental."
On appeal, the Supreme Judicial Court of Massachusetts affirmed the trial court's decision against the Council. They reasoned that the law was not overbroad and that it did not unduly infringe upon the Council's First Amendment rights. It agreed with the trial court's finding that the parade, as it had been run, was subject to the "public accommodations" law and that it did not seem to have any obvious or specific message to convey. The Supreme Court
granted certiorari
and heard oral arguments on April 25, 1995.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1995), is a landmark decision of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
regarding the right to assemble
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
and for groups to determine what message is actually conveyed to the public. Generally, the Court ruled that private organizations, even if they were planning on and had permits for a public demonstration, were permitted to exclude groups if those groups presented a message contrary to the one the organizing group wanted to convey. More specific to the case, however, the Court found that private citizens organizing a public demonstration may not be compelled by the state to include groups who impart a message the organizers do not want to be included in their demonstration, even if such a law had been written with the intent of preventing discrimination.
Background
The city of Boston, Massachusetts had, until 1947, directly sponsored the public celebrations of St. Patrick's Day and Evacuation DayEvacuation Day (Massachusetts)
March 17 is Evacuation Day, a holiday observed in Suffolk County and also by the public schools in Cambridge and Somerville, Massachusetts. The holiday commemorates the evacuation of British forces from the city of Boston following the Siege of Boston, early in the American Revolutionary War...
, both on March 17 of that year. After 1947, Mayor James Michael Curley
James Michael Curley
James Michael Curley was an American politician famous for his four terms as mayor of Boston, Massachusetts. He also served twice in the United States House of Representatives and one term as 53rd Governor of Massachusetts.-Early life:Curley's father, Michael Curley, left Oughterard, County...
gave authority to the South Boston Allied War Veterans Council, a group of unincorporated private citizens that had been elected from a variety of Boston veterans' groups, to conduct the parade themselves. This arrangement went relatively without incident—the South Boston Allied War Veterans Council ("Council") being the only other group to ever apply for a parade permit—until 1992.
In 1992, the Irish-American Gay, Lesbian and Bisexual Group of Boston ("GLIB") requested that it be allowed to march in the parade alongside the usual attendees. GLIB argued that they were not primarily a group aimed at conveying a "gay, lesbian, and bisexual message"; rather, they said they were Irish descendants who happen to be gay, lesbian, and bisexual, and who are proud of both their sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
and their Irish ancestral nationality. The Council refused to allow GLIB to march in the parade. GLIB sought a court order compelling the Council to allow them to march, citing a Massachusetts law that forbade "discrimination or restriction on account of... sexual orientation... relative to the admission of any person to, or treatment in any place of public accommodation, resort or amusement." The court order was granted, and GLIB marched in the parade "uneventfully."
Despite the court order in 1992, the Council again denied GLIB's admission to participating in the parade in 1993. The state trial court found that GLIB's argument was valid, reasoning that the parade had traveled roughly the same route for decades, that it frequently (if not always) accepted involvement and participation from the general public, and that it rarely, if ever, required formal submissions to entry into the parade, sometimes permitting groups to enter the proceedings the day of the event. In essence, GLIB stated that it must be permitted to march in the parade because the Council employed no uniform screening process of other groups that had previously been permitted to march with them. While the Council had prohibited certain groups (such as the Ku Klux Klan
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
) from joining the parade, the trial court believed that these were not significant or germane to the facts presented. In short, the trial court determined that the parade was less a private event and more of an "open recreational event"; thus, the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
did not even come into play. Because the statute did not demand that GLIB be allowed in the parade, merely that the Council could not forbid groups based on sexual orientation, the infringement on the Council's right of expressive association was "incidental."
On appeal, the Supreme Judicial Court of Massachusetts affirmed the trial court's decision against the Council. They reasoned that the law was not overbroad and that it did not unduly infringe upon the Council's First Amendment rights. It agreed with the trial court's finding that the parade, as it had been run, was subject to the "public accommodations" law and that it did not seem to have any obvious or specific message to convey. The Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
and heard oral arguments on April 25, 1995.
The Decision
Justice Souter delivered the unanimous opinion of the court on June 19, 1995. The Court reasoned that, even though the Council did not have a narrow, set message that it was intending to convey, the parade nevertheless constituted a message that the Council had a right to protect. Noting that, while the Council had been fairly lenient in its guidelines for who they chose to allow in their parade, the Court said this did not necessarily mean that the Council waived its right to present its message in a way it saw fit. The right to speak, the Court reasoned, includes the right to determine "what not to say." Of primary concern to the Court was the fact that anyone observing the parade (which regularly gained a large number of spectators) could rationally believe that those involved in the parade were all part of an overriding message the Council was seeking to provide. In this vein, the unanimous Court said that the Council could not statutorily be prohibited from excluding the messages of groups it did not agree with. Effectively, the Council could not be forced to endorse a message against its will.See also
- Freedom of associationFreedom of associationFreedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
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