In Hamtramck, Michigan, a recent decision by the city council to ban the flying of LGBTQ+ Pride flags on city property has led to a significant legal confrontation. Former Hamtramck human relations commission members Cathy Stackpoole and Russ Gordon, who are now plaintiffs in a federal lawsuit, argue that this resolution is a direct infringement on constitutional rights. The ban, which also restricts other flags, has been labeled as “neutral” by city officials, including Mayor Amer Ghalib, but the plaintiffs and their supporters see it as a targeted move against the LGBTQ+ community.
The Incident That Sparked the Lawsuit
The controversy intensified when Stackpoole and Gordon defied the resolution by raising a Pride flag on city property, leading to their dismissal from the commission. Their lawsuit aims not only for damages and reinstatement but also represents a broader fight for LGBTQ+ visibility and acceptance. Stackpoole, identifying as queer, emphasizes the importance of the Pride flag as a symbol of comfort and support, particularly for the youth and LGBTQ+ individuals in Hamtramck.
The Resolution’s Controversy and Opposition
The resolution’s introduction followed a public dispute over the Pride flag’s display in 2022, leading many to believe it specifically targets the Pride flag. During city council debates, references to religious grounds by council members have raised questions about the resolution’s intent and compliance with the First Amendment’s establishment clause, which prohibits government actions based on religious grounds. Marc Susselman, the attorney for the plaintiffs, highlights this as a key unconstitutional element of the ban.
National Implications and “Save the Rainbow Flag” Effort
This lawsuit in Hamtramck resonates beyond the city limits, reflecting a growing national trend of attacks on the rainbow Pride flag. The Gilbert Baker Foundation, named after the flag’s designer, supports the lawsuit as part of its “Save the Rainbow Flag” campaign. The foundation’s president, Charley Beal, views the lawsuit as a critical stand against broader efforts to marginalize the LGBTQ+ community and erase their symbols of identity and hope.
Personal Stakes and the Fight for LGBTQ+ Rights
For Stackpoole, this legal battle is deeply personal, tied to her own experiences and losses in the long fight for LGBTQ+ rights. She, like many others, sees the ban as a regressive step, pushing the community back into the shadows. The lawsuit, therefore, is not just about a flag; it’s a stand against the erasure of LGBTQ+ presence and a call to uphold the hard-won rights and freedoms of the community. Stackpoole’s resolve reflects a determination shared by many: that the progress made in LGBTQ+ rights will not be undone.
