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Strategies & Market Trends : VOLTAIRE'S PORCH-MODERATED -- Ignore unavailable to you. Want to Upgrade?

To: Jim Willie CB who wrote (23942)	12/10/2000 9:52:18 PM
From: BirdDog	Read Replies (2) \| Respond to of 65232

Souter...somewhat liberal Liberal? They've labeled him as somewhat more centrist and less politically conservative than previously thought. Does this sound liberal to you? In John J. Hurley and South Boston Allied War Veterans Council v. IrishAmerican Gay, Lesbian and Bisexual Group of Boston, the Petitioners sought to prevent the Respondents from participating in the St. Patrick's Day Parade. Both the trial court and the Supreme Judicial Court of Massachusetts held that the Massachusetts Public Accommodations Law required the Petitioners to allow the Respondents to march in it. Justice Souter wrote the opinion which reversed and remanded this case. Focusing on the issue of free speech, Souter determines that the combination of the different parties in the parade form a symbolic message. Using a Constitutional Policy approach, Souter explains that symbolic speech is just as constitutionally protected as explicit speech. The Court cannot force the Council to send a message, even if symbolic, that they do not agree with. Including the Gay, Lesbian and Bisexual Group would send a message of acceptance of that lifestyle. It is the Petitioners' choice to not accept that lifestyle. Souter does acknowledge that to force the Council to allow the Respondents in the Parade would help make the community more tolerant of alternative lifestyles. However, Souter believes that the Court cannot dictate the message of the Parade, even if that would be in the best interests of the public good. This is an example of Souter using the Bench to interpret the constitutionality of laws and acts, instead of as a way to form public policy. BirdDog