HURLEY V. IRISH-AMERICAN GAY, LESBIAN, AND BISEXUAL GROUP OF BOSTON (1995)

The celebrations that occur in Boston on March 17 carry with them a storied history dating back to the earliest days of the United States. The date represents not just the traditional feast of Saint Patrick, held close by Irish immigrants, but also the evacuation of royal troops from the city in 1776. Boston commemorates the day with a city holiday, the highlight of which is the Saint Patrick’s Day–Evacuation Day parade organized by the South Boston Allied War Veterans Council, known to draw as many as one million onlookers.

In 1993, members of the Irish-American Gay, Lesbian, and Bisexual Group of Boston (GLIB) sought to celebrate both their Irish heritage and queer identities by marching in the parade under an organizational banner. Their application to participate was denied despite no written criteria or procedures for admission established by the council. The Supreme Judicial Court of Massachusetts held that the exclusion of GLIB violated the commonwealth’s public accommodations law, which protects people from discrimination in public places, including discrimination on the basis of sexual orientation.

In a 9–0 decision, the US Supreme Court reversed the decision of the Supreme Judicial Court, holding that compelling the inclusion of GLIB in the parade violated the organizers’ First Amendment rights. In its amicus brief, the ACLU—while supporting the organizers’ First Amendment rights—urged the Supreme Court to remand the case to further develop the facts regarding state involvement, which it believed would alter the First Amendment calculus. The City of Boston had allowed the council to use the city’s official seal, provided printing services to the organization, and helped fund the parade. The Court, however, ducked the issue, finding that the issue of state action was not properly preserved. LGBT groups continued to be excluded from the parade until 2015.