From The Law vs. Ethics File: The Discriminatory Charlotte Pride Parade

Brian Talbert, a member of “Gays for Trump,” submitted  an application to Charlotte Pride, Charlotte’s Gay Pride parade, so they could have a float in this year’s event. His application was rejected, with this explanation:

 

Charlotte Pride reserves the right to decline participation at our events to groups or organizations which do not reflect the mission, vision and values of our organization, as is acknowledged in our parade rules and regulations by all groups at the time of their parade application. In the past, we have made similar decisions to decline participation from other organizations espousing anti-LGBTQ religious or public policy stances.

Charlotte Pride envisions a world in which LGBTQ people are affirmed, respected and included in the full social and civic life of their local communities, free from fear of any discrimination, rejection, and prejudice.

Charlotte Pride invites all individuals, groups, organizations and causes which share our values to join our community’s celebration of the LGBTQ community, history, arts and culture during the Charlotte Pride Festival and Parade, Aug. 26-27, 2017.

In other words, because Charlotte Pride does not support Talbert’s political views, he is being denied the opportunity to present a minority point of view. Constitutional Law prof Eugene Volokh explains why this is entirely legal:

“First, Charlotte and North Carolina do not ban discrimination by parade organizers based on political affiliation. Only a few jurisdictions include political affiliation on their lists of prohibited bases for discrimination.

Second, even if a public accommodation law did ban such discrimination, it couldn’t apply to parades organized by nongovernmental organizations. Such parade organizers have a First Amendment right to exclude groups from their parades based on the messages the groups convey about their members’ sexual orientation, political affiliation, religion, race and whatever else to make sure that a parade conveys just the speech that parade organizers want to convey.”

The precedent Volokh cites for this principle? Why, it’s Supreme Court’s holding in Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston, Inc. (1995), declaring that the organizers of Boston’s St. Patrick’s Day Parade had a First Amendment right to exclude the gay/lesbian/bisexual group.

It seems that many groups advocate diversity, tolerance and fairness until they achieve the power to do their own discrimination. That is, good bigotry. Discriminating against gays is bad.  Gays discriminating against gays who support the President of the United States is good.

Sure it is. Golden Rule? What’s that? This is intolerance, bigotry, a failure of integrity, hypocrisy….and also bullying, as it aims to coerce group members to accept mandated political views that are not their own.

But it’s not illegal, so it’s all right! Continue reading