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The Boston St. Patrick’s Day Parade case may prove
to be a significant help in our fight for equality
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by Matt Coles
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Finally, the basic principle of the decision will
he U.S. Supreme Court recently de
help lesbians and gay men. By the time the Boston
cided that Irish veterans in Boston
parade case got to the Supreme Court, both the
may keep a lesbian, gay and bisexual
veterans and the Irish lesbian, gay and bisexual
Irish group out of the veteran’s annual
St. Patrick’s Day Parade. Understand group agreed that the parade was not sponsored
by the the
city. That was critically important. As the
ably, many lesbian and gay men assumed
ACLU told the court in a “friend of the court”
decision was a defeat. However, a close look
brief, if the parade were sponsored by the city, the
shows that far from being a defeat, the case may
first amendment would require that it accept all
prove to be a significant help in our fight for
messages and allow the gay group to march.
equality.
But a private parade stands (or strides) on a
There are four positive things in the decision.
different footing. Here, the question was whether
First, the Court said that, generally speaking, laws
the government could close the streets to a parade
prohibiting discrimination on the basis of sexual
unless its sponsors agreed to accept a message
orientation are constitutional. Since this really
they did not agree with. If the Supreme Court had
was not an issue in the case, the court had to go
decided that government could, this new power
well out of its way to say that. This part of the
would have been used against us far more quickly
decision will greatly assist us in defending dis
and forcefully than it would have been used
crimination laws that protect us against attacks
against our opponents. Indeed, in San Diego, a
from the radical right.
group identifying itself as “Normal People” has
Much more subtle, but also helpful, is the
already sued for a place in that city’s pride parade,
respectful treatment that the court gave the les
claiming it is being excluded because of its mem
bian, gay and bisexual Irish group, typically refer
bers’ sexual orientation.
ring to its members as “lesbian, gay and bisexual
Some say that the San Diego pride parade is
individuals.” The demeaning language of previ
different because there the
ous decisions involving
The
question
was
whether
two messages are inconsis
lesbians and gay men,
and in Boston they were
which helped set a tone
the government could close tent
not. But the real issue is
of hostility toward us in
the streets to a parade
who decides when a mes
federal courts generally,
is com pletely absent.
unless its sponsors agreed sage is inconsistent with the
theme of a parade or dem
This may help us to be
to accept a message they onstration. According to the
gin setting a new tone.
court, the First Amendment
Third, the court said
did not agree with.
says that decision belongs
that by marching behind
to the speaker, not to the government. Our own
a banner identifying themselves a lesbian or gay,
history with government power and its abuse
members of the Irish group were making a state
should lead us to cheer that conclusion.
ment that there are lesbians, gay men and bisexu
als among the Irish and that they "have as much
The decision of the Boston veterans was stu
claim to unqualified social acceptance as hetero
pid and cruel— stupid because it defies reality to
sexuals.. ..” That is quite close to what the sexual-
pretend that there aren’t Irish lesbians, gay men
minority-rights movement itself has been saying
and bisexuals, and cruel to maintain the pretense
in the face of real humans who want to join the
for years. Coming out of the closet is a political
act, which makes the statement that we are every
celebration. We should try to convince them to
change that decision.
where and that we are entitled to equal treatment.
This decision lays the foundation for a free
But if anyone should understand that it is a bad
dom of speech defense for anyone who suffers at
idea to use the coercive power of government to
the hands of government for coming out or for
shape what a person wants to say, it is our commu
being openly gay. The statement that it is impor
nity. The success of our movement depends on
tant for every lesbian or gay man to come out is
persuasion. We need the unfettered right to speak
our movement’s first great truism. We keep hear
and to shape our messages.
ing it because, relatively speaking, so few of us
Matt Coles is the national director o f the
have been able to come out. The parade decision
American Civil Liberties Union s Lesbian and
may make it easier, by giving some legal protec
Gay Rights Project.
tion to those who do.
T