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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (May 5, 1995)
r M M arching on The first sexual minority case in years is heard by the U.S. Supreme Court ▼ For Those Who Appreciate Superior Service. <H*t ▼ m ay 9 . I M S ▼ 11 Deborah Betron CRB, GRI Broker/Owner Chris Bonner, GRi Associale Broker by Bob Roehr r the trial court. wo years to the day that a million He called the council ’ s objection to the banner lesbians and gay men marched down identifying the group “paradigmatic of discrimi the streets of Washington, D.C., the nation.” Supreme Court heard oral arguments Justice Sandra Day O ’Connor put the argu on another march—this one in Boston. The Irish American Gay, Lesbian and ment Bi- into a different context, “Suppose the circus came icual Group of Boston had organized to cel- to town and an animal rights group wanted rate its members’ heritage and participate to in join the with their signs?” The analogy only mud died the waters further, as courts have tradition nual St. Patrick’s Day parade. The South Bos- ally used different standards for commercial 1 Allied War Veterans Council, the private speech (the circus) than for political speech. aup organizing the activity, denied the group’s Moments later, on the marble plaza outside the plication. court, both'parties met the press. Darling reiter GLIB charged that the veteran’s council dis- ated his definition of the case as one of “free minated against it simply because of its mem- speech versus government intervention.” He rs’ sexual orientation, something which is ille- thought that messages on “any sexual theme” 1 under Massachusetts law. The group sued and were “inappropriate” because they were “not fam >n at every level of the state court. Now the ily oriented.” Irties were before the U.S. Supreme Court, where Ward responded, "This is discrimination that I but Justice Clarence Thomas joined in vigor- they have tried to cloak in the First Amendment.” s questioning. "They just don’t like us because we are gay The veteran’s council tried to frame the case as and lesbian,” said Cathleen Finn, speaking for issue of free speech. "The central issue is GLIB. “We are an invisible minority and we have nether the government can mandate the content to stand up and take our place.” a privately organized parade,” said attorney Support for GLIB’s legal position within the »ester Darling. The parade’s “clearly stated gay and lesbian community has been mixed. Tom rpose” was one o f “traditional religious and Stoddard, former executive director of the Lambda rial values.” Legal Defense and Education Fund, expressed “Didn’t the trial judge make a finding that this the views of many when he said, “You lose your is not an idea-centered parade?” asked Chief IRISH * A M E R I C A N AY i f e r i a n . RISE Jim Bean Scott Bottaro Lee Walters Molly Brady Judy Carnahan Certified New Homes Specialist Craig Everitt Donald Falk Robin Grimm Gerry Federico, GRI Bill Galvin Associate Broker Cathy Martine Jan Martin John Terrill, GR1 Associate Broker Gary Sadleir Val Thorpe Galvin Kathy Tysinger John Glissmeycr Kathleen Ira Jude Watson, GRI Associate Broker Greg Washington Sandy Mort Philip Beausoleil Karen BiLsing Anita Trudeau Linda Welch ithleen Finn (center), a spokeswoman fo r the Irish American Gay, Lesbian and Bisexual Group o f >ston, leads the way during the group’s own alternative St. Patrick’s Day Parade in 1993 stice William Rehnquist, interrupting the attor- y only a minute into his presentation. "What is the evidence to show that purpose?” ked Justice Anthony Kennedy. Darling asserted that the trial judge was in ror in making his decision. He said the veteran’s uncil did not care about the sexual orientation the participants but did care about “those who lebrate [Irish heritage] in the same way.” Much of the justices’ questioning centered bund whether the banner GLIB carried, which elled out its name, was “identification” or a nessage.” “If you combine a message and a lue, you have a viewpoint,” argued Darling. Not so, said John Ward, attorney for GLIB. He lied the banner “self-identifying.” He agreed at groups could exclude “solely on the basis of jssage,” but held that the veteran’s council dn’t done it on that basis, citing the finding of asso ciatio n rights when you operate in public...they [the veteran’s council] do have a right to exclude.” He made the comments on the PBS program Freedom Speaks. Others have raised the specter of lesbian and gay pride parades being forced to include groups such as the Ku Klux Klan should the Supreme Court rule in favor of GLIB. Mary Bonauto, an attorney with Gay and Les bian Advocates and Defenders who has been involved with the case from the start, does not share that concern. “Ninety-nine percent of the time I would be in support of the First Amend ment, but this is clearly not a First Amendment case.” She said that the council was “caught up in the net of discriminating.” The justices gave little indication how they might rule. A decision is expected before the close of this session at the end of June. Red Lion Lloyd Center 1000 N.E. Multnomah Portland, Oregon 97232 Bolton Plaza 21570 Willamette Drive West Linn, Oregon 97068 ( 503 ) 287-9370 ( 503 ) 655-8015