Overview
- The Sixth Circuit affirmed the lower court on Aug. 21, 2026, holding that Hamtramck may change the purpose of its city-owned flagpoles and limit what flags may be flown.
- The council’s June 2023 resolution narrowed permitted flags to the American flag, Michigan flag, Hamtramck flag, the Prisoner of War flag, and national flags representing the city’s international character.
- Two former Human Relations Commission members, Russ Gordon and Cathy Stackpoole, raised a Pride flag in defiance of the resolution, were removed from the commission, and sued claiming violations of free speech, the Establishment Clause, and equal protection.
- The appeals opinion addressed broader church‑state law by questioning whether the long‑used ‘secular purpose’ test from Lemon still applies, and Judge Amul Thapar wrote separately that 'Lemon is dead.'
- Plaintiffs may ask the U.S. Supreme Court to review the ruling, a step that could clarify how courts treat government‑speech claims and flag policies for other municipalities.