In Gordon v. City of Hamtramck, (ED MI, July 14, 2025), a Michigan federal district court held that a ban on religious, ethnic, racial, political, or sexual orientation group flags on city flag poles does not violate the plaintiffs' free speech rights or the Establishment Clause, saying in part:
The plaintiffs also bring a claim under another part of the First Amendment, positing that the enactment of Resolution 2023-82 that effectively banned display of the Pride flag violated the Establishment Clause because it was promulgated “to accommodate a segment of the Hamtramck community which was hostile to the rights of the gay community based on their personal religious views.” The plaintiffs cite several statements in this record by city councilpersons condemning homosexuality and expressing hostility to the sentiments that the Gay Pride flag may symbolize.
However, the plaintiffs’ “evidence” of subjective motivation to advance a religious viewpoint is irrelevant to the analysis of alleged Establishment Clause violations....
The justifications advanced here — foreclosing public controversy and avoiding contentious litigation over displays of competing viewpoints — have been found to be constitutionally valid by courts that upheld regulations with indistinguishable limitations on flagpole displays.
