Frivolous LGBT Pride Flag Lawsuit Dismissed Against Rep. Lowenthal

Suit Sought to Force the Flag’s Removal and Reverse Marriage Equality

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Washington, D.C., March 27, 2018 | comments

Congressman Alan Lowenthal (CA-47) today applauded the U.S. District Court for the District of Columbia for its ruling today dismissing as frivolous a lawsuit against the Congressman and three House colleagues that sought to bar the LGBT Pride Flag from being flown in the Congressional office buildings on Capitol Hill and reverse the U.S. Supreme Court decision granting marriage equality.

Congressman Lowenthal was the first Member of Congress to permanently fly the Pride flag outside his Capitol Hill office. Congressman Lowenthal first flew the Pride Flag outside his DC office in March, 2013 (and inside his district offices in Long Beach and Garden Grove) to show his solidarity with his LGBT constituents and all LGBT Americans, in support of marriage equality, and in opposition to discrimination and violence.

Judge Randolph D. Moss ruled Monday that the case, originally filed in March 2017, has been dismissed.

“Even without passing on [plaintiff’s] right to human-laptop marriage,’ the judge ruled, “it is safe to say that government activities that remind [plantiff] of his alleged constitutional injury do not create new constitutional injuries in their own right. These claims, accordingly, will be dismissed for lack of standing.”

Congressman Lowenthal applauded the ruling. 

“The Pride Flag is a symbol of love, of peace, and diversity. It tells the story of the LGBT community’s past, present, and future. I fly it outside my office in support of every LGBTQ individual—those in my district, those in our nation, and those around the world,” Congressman Lowenthal said. “I will continue to proudly fly the Pride Flag outside my office as a symbol of love, peace, equality, and humanity to every visitor to Capitol Hill. I will never give in to intolerance, even when cloaked in the guise of legality. We have come too far to allow the voices of bigotry and hate to move us backward as a nation and as a people.”

In a separate incident involving a different individual earlier this year, a visitor to the Cannon House Office Building entered the Congressman’s office and angrily exclaimed his belief that the Pride Flag outside the office was inappropriate alongside the American flag.

Members of Congress have permanent fixtures outside each office to accommodate three flags, with two spaces going to the American flag and the member’s state flag. The third slot is used for a personal selection of the Congress member.

The man left the Congressman’s office, removed the Congressman’s Pride Flag from its holder, threw it to the ground, and proceeded to repeatedly stomp on it. The man was ultimately escorted into the custody of Capitol Police officers.

Following a lengthy investigation, Capitol Police were ultimately unable to identify the perpetrator.

Three other Members of Congress who fly the Pride Flag outside their D.C. offices were also named in the suit. They are Congresswoman Susan Davis (CA-53), and Congressmen Don Beyer (VA-08) and Earl Blumenauer (OR-3).

Read the entire ruling by clicking here.
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