Exclusive–Kobach: Supreme Court Appears Ready to Protect a Christian Flag in Boston Case
KRIS W. KOBACH
20 Jan 2022
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On Tuesday, the Supreme Court heard arguments concerning the City of Boston’s refusal to allow a private organization to fly a Christian flag on a flagpole next to City Hall that was routinely made available to any private organization that applied to do so. The case is Shurtleff v. City of Boston.
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The conservative Justices seemed likely to rule against the City. Justice Gorsuch pointed out that the City was “treat[ing] religious viewpoints the equivalent of offensive or inappropriate ones.” Justice Thomas reacted to the City of Boston’s claim that it was celebrating diversity by allowing other nations’ flags to fly by pointing out, “it would seem to me that Christians in Boston would be a part of that diversity calculus.”
Even Justice Kagan suggested that “this was a mistake” by the Boston bureaucrat who denied the application. She wondered why the City had not settled the case with the plaintiffs.
These and other statements suggest that the Court isn’t buying Boston’s arguments. Hopefully that proves to be true when the Supreme Court’s decision is issued. For too long, too many government bureaucrats have been hostile to Christianity and its symbols. A victory in this case for the plaintiffs would do much to reverse that trend.
Kris W. Kobach served as the Secretary of State of Kansas during 2011-2019. Prior to that, he was a professor of constitutional law at the University of Missouri—Kansas City School of Law during 1996-2011. An expert in immigration law and policy, he was also an informal adviser to President Trump. He is currently General Counsel of the Alliance for Free Citizens. His website is www.kriskobach.com.
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While I have no real problem with SCOTUS smacking down the Boston bureaucrats, I wonder why the flag pole is there at all.
It serves no legitimate public purpose other than making work for the politicians and bureaucrats.
Also, I don’t think Churches should fly the Gooferment’s flag EVER.
In the old days, “the Church” was a power that kept the King in check. Today, it’s like a rubber stamp for the Gooferment.
We need more protection from the tyranny of the Big Deep State and its politicians and bureaucrats.