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A gathering at the Utah State Capitol building in 2015 alongside a person holding an LGBTQIA progress pride flag
Critics called the anti-Pride flag bill "blatantly unconstitutional" and "un-American."
Protesters unfurled a giant Pride flag on the steps of Utah’s State Capitol on Friday after legislators approved a proposed law banning the display of Pride flags on government property, including public schools, the Utah News Dispatch reports. The bill easily passed the state’s Republican-dominated House and Senate and now awaits the approval or veto of Republican Gov. Spencer Cox.
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The bill, HB77 entitled Flag Display Amendments, would disallow public schools or government entities from flying non-approved flags like the Pride flag on government buildings and property. The bill was sponsored by state Rep. Trevor Lee and state Sen. Daniel McCay, both are Republicans. The bill was passed by the House last month. The Senate passed the bill on Thursday following contentious debate, with the House giving its quick final assent.
Under HB77, the state government would be empowered to levy fines of $500 per violation per day against entities it found violated the law, although such a decision would be subject to judicial review.
Critics called the bill a chilling assault on free speech and LGBTQ+ youth. The American Civil Liberties Union of Utah (ACLU-Utah) said the bill was an attack on free expression that would set a dangerous precedent.
“HB77 would ban the display of Pride flags in public schools and on government property, restricting free expression and sending a clear message that some students and community members are not welcome or protected,” the group said in an open letter to Cox published on Thursday. “The government should not be in the business of banning symbols that help people feel seen and welcomed. Beyond stoking fear among LGBTQ+ Utahns, this bill sets a dangerous precedent that threatens free speech for everyone.”
Equality Utah called the bill “blatantly unconstitutional” and a move by powerful state interests to wrest control from local governments and school boards.
“During debate, Senate sponsor Sen. Dan McCay made it clear that HB77 aims to censor the free speech rights of municipalities statewide, a move that oversteps legislative authority and invites legal scrutiny,” the group said in a press release posted to social media. “Equality Utah is frustrated by this flawed process and outcome, but our resolve remains unshaken. We will continue to fight for the rights and visibility of LGBTQ Utahns, supporting efforts to challenge this bill in court and hold the State accountable.”
The bill currently awaits Cox’s expected signature. Last month, he signed a bill banning transgender students from living in dorms at public universities and colleges that align with their gender identity.
