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A Michigan city may enforce its rule banning LGBTQ+ flags from being displayed on publicly owned property, according to a federal judge.
U.S. District Judge David Lawson dismissed a lawsuit against the city of Hamtramck on Monday, two years after the city council voted to allow only five flags, including the American flag, the Michigan flag and flags that “represent the international character” of the community.
“Hamtramck’s refusal to display the Gay Pride flag did not violate the Constitution,” Lawson said.
Opponents of the policy said Hamtramck, which is known for welcoming immigrants, was violating free speech by banning Pride flags, but Lawson said the policy was constitutional because it bans all private flags, not just some.
A Pride flag was displayed in 2021 and 2022 before some members of the all-Muslim council argued that it challenged the beliefs of some members’ faith. The council voted in favor of the policy in June 2023.
The following month, two members of the city’s Human Relations Commission were removed from their positions for flying Pride flags on city property.
“This Council believes in fairness, neutrality towards our residents, and the rule of law, amongst other things for this community. We passed a resolution recently to do just that, and two of our sworn commissioners outright defied it, and did what they wanted,” Council member Khalil Refai said in a statement at the time.
Businesses and residents in Hamtramck may still fly Pride flags on their private property.
More than 40% of the city’s 27,000 residents were born in other countries, according to the U.S. Census Bureau. A significant percentage of these foreign-born residents are of Yemeni or Bangladeshi descent.
The city’s mayor, Amer Ghalib, a native of Yemen, was nominated by President Donald Trump to be U.S. ambassador to Kuwait.
“We’re not targeting anybody,” Ghalib, who is also Muslim, said in 2023. “We are trying to close the door for other groups that could be extremist or racist.”
The Associated Press contributed to this report.
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