Michigan city ban on LGBTQ+ pride flags is constitutional, judge rules


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Summary

Ruling

The city of Hamtramck, Michigan, can ban LGBTQ+ Pride flags, a federal judge ruled on Monday.

Finding

The judge said the restriction is constitutional because it doesn’t single out a particular flag, rather it bans all private flags.

Lawsuit

A lawsuit was filed by some people who argued that the ban was a violation of free speech rights.


A federal judge ruled that a Michigan city’s ban on displaying LGBTQ+ pride flags on publicly owned property is constitutional. U.S. District Judge David Lawson threw out a lawsuit against the city of Hamtramck more than two years after the City Council approved a measure allowing only five flags to be flown on public flagpoles. Residents can only display the American flag, Michigan’s state flag and others that “represent the international character” of the community, as reported by The Associated Press on Tuesday.

All-Muslim council banned pride flag in 2023

Hamtramck boasts a large immigrant community, with many residents of Yemeni or Bangladeshi descent. The city displayed a pride flag in June 2021 and 2022, but members of the all-Muslim City Council argued it was against the beliefs of some within their faith. The City Council adopted the policy in June 2023. The ban does allow businesses and residents to fly pride flags on their property in the city.

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The City Council fired two officials who displayed a pride flag on public property in July 2023 after the resolution passed.

Residents report pride flags vandalized

According to CBS News, law enforcement investigated several reports of vandalism earlier this year after residents said they saw a person stealing pride flags from homes. Authorities have not made an arrest in connection with the crimes.

The ruling

Those who filed the lawsuit contended Hamtramck’s ban violated the First Amendment. However, the judge said the city’s rule is legal because it prohibits all private flags, not just some. 

“Hamtramck’s refusal to display the Gay Pride flag did not violate the Constitution,” Lawson said on Monday. 

Demographics of Hamtramck

Data USA reports Hamtramck has a population of more than 27,000 people as of 2023. More than 40% of residents originate from other nations, according to the U.S. Census Bureau. The city is home to a substantial Yemeni and Bangladeshi ethnic population. The city’s mayor, Amer Ghalib, is originally from Yemen. He was nominated by President Trump to serve as the U.S. Ambassador to Kuwait. He is Muslim and defended the ban on LGBTQ+ flags in 2023.

“We’re not targeting anybody, “Ghalib previously said. “We are trying to close the door for other groups that could be extremist or racist.”

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