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Constitutional Law Keyed to Paulsen
Hurley v. Irish-American Gay, Lesbian, & Bisexual Group of Boston
Citation:
515 U.S. 557 (1995)Facts
The South Boston Allied War Veterans Council had organized the annual St. Patrick’s Day-Evacuation Day Parade since 1947, when the city granted them authority to conduct the event. The parade traditionally included various patriotic, commercial, political, moral, artistic, religious, and other themed units. In 1992, GLIB was formed to march in the parade to express pride in members’ Irish heritage as openly gay, lesbian, and bisexual individuals. When the Council denied GLIB’s application to participate as a unit in 1993, GLIB sued under Massachusetts public accommodations law. The trial court found the parade to be a public accommodation and ordered GLIB’s inclusion, finding no specific expressive purpose in the parade that would warrant First Amendment protection.
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