By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Thursday agreed to hear a group’s challenge to Boston’s rejection of its request to fly a flag bearing the image of a Christian cross over city hall in a case involving religious and free speech rights.

Four days before they begin their new nine month term, the justices will hear an appeal from Camp Constitution (a Christian group) regarding a ruling by a lower court favoring the city.

Camp Constitution, a non-profit group which teaches current and historical U.S. events. In 2017, it unsuccessfully sought to fly a flag bearing a cross of Christ on it above the city hall. It pointed out that Boston had previously granted many requests by private organizations seeking to raise different flags.

It claimed that the First Amendment guarantees freedom of speech and the U.S. Constitution was violated by the city refusing to grant its request. One defense of the city is the possibility that raising the flag would violate another First Amendment provision that prohibits government endorsements of religion.

The city won support from lower courts, including the Boston-based 1st U.S. Circuit Court of Appeals ruled in favor of the city, with the Boston-based 1st U.S. ruling that the raising of the flag was a form of government speech. This gives more flexibility to the city regarding what speech can be allowed.

It had not denied an application before and has previously approved flags belonging to other countries or private organisations, such as the LGBT pride flag.

Oral argument will be heard by the court in early 2013, with a decision expected at the end of June.