U.S. Court of Appeals for the Sixth Circuit

Russ Gordon v. City of Hamtramck, Mich.

August 21, 2026

Summary

The court affirmed summary judgment for the City on all claims. It held that the City's 2023 resolution converted the flagpoles into a government-speech program, that the Establishment Clause claim failed even under the secular-purpose framework invoked by the plaintiffs, and that the equal-protection claim was forfeited. The court also rejected the argument that the appellate record was insufficient because the plaintiffs had not provided transcripts of oral argument.