Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston
515 U.S. 557 (1995)
Every year, Boston held a St.
Patrick's Day parade, organized by a private association (the South Boston
Allied War Veterans Council).
Boston did allow use of
their official seal for the parade, and provided funding.
A group of gay Irishmen (aka
GLIB) wanted to march in the parade, but the Council denied them. They
obtained a court order and marched. They next year, the Council again
denied them, so they sued.
GLIB argued that
Massachusetts law prohibited "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 Council (led by Hurley)
countersued, claiming that they were a private organization and to be
forced to allow GLIB to march was an unconstitutional infringement of
their 1st Amendment
right to free association.
The Trial Court found for
GLIB. The Council appealed.
The Trial Court found that
the Council could not forbid groups based on sexual orientation.
The Massachusetts Supreme
Court affirmed. The Council appealed.
The Massachusetts Supreme
Court found that the parade was a public event (even though it was run by
a private group), and was generally viewpoint-neutral, so they couldn't discriminate.
The US Supreme Court reversed.
The US Supreme Court found
that in all cases, the 1st Amendment requires that groups be allowed to determine
what message they convey to the public.
The Court found that when
private citizens organize a public demonstration they 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 there is a law
preventing discrimination.
Basically, this case says that
a private group cannot be forced to endorse a message against its will.