Once upon a time, a liberal member of the U.S. Supreme Court wrote thatthe Constitution’s First Amendment required the justices to “keep the wall of separation between church and state high and impregnable.” Not one justice on today’s Supreme Court defends that view. In fact, Monday’s unanimous decision in Shurtleff v. Boston is a good reminder that issues of America’s religious heritage need not always be controversial.
The question before the court was simple. Boston has three flag poles on the plaza outside its city hall. It usually flies the American flag, the Massachusetts flag, and the Boston flag. As a service to its citizens, the city allows groups to use the plaza for rallies, remarks, and other public gatherings. As part of seeking a permit for the plaza, groups can also ask to fly their own flag during their event in place of the Boston flag. For nearly 300 events from 2005 to 2017, the city approved every single flag request submitted.
