Controversial flag bill banning certain flags in classrooms passes House

SALT LAKE CITY (ABC4) — A bill that would allow a select few flags to be displayed inside of public classrooms has passed the Utah House.

H.B. 77 — or Flag Display Amendments — would limit what flags could be displayed on government property by government employees or entities. Violation of this law could result in a $500 fine “per violation per day” until the flag is removed.

The bill has been subject to scrutiny as it has moved through the Utah House. If enacted, the bill would prevent political flags from being shown, pride flags, and any flag that is not listed within the exceptions in the bill. Those exceptions include:

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• The official flag of the United States
• An official Utah state flag
• The current and official flag of another country, state, or political subdivision of another country or state
• A flag that represents a city, municipality, county, or political subdivision of the state,
• A flag that represents a branch, unit, or division of the United States military
• The National League of Families POW/MIA flag
• A flag that represents an Indian tribe defined by federal law
• An officially licensed flag of a college or university
• A historic version of a flag temporarily displayed for educational purposes
• An official public school flag
• An official flag of the United States Olympic Committee, United States or Paralympic Committee, International Olympic Committee, or International Paralympic Committee;
• An official flag of an Olympiad or Paralympian that occurred or will occur within the state
• A flag of an organization authorized to use a public school facility at the location and during the time in which the organization is authorized to use the public school facility.

These would be the only flags allowed to be displayed on government property. All others would be prohibited.

Initially being circled for further debate in a morning session of the legislature, after passing an amendment to the bill, it later passed in a 49-20-6 vote in the afternoon voting session on Friday.

Rep. Trevor Lee (R-Davis), the bill’s sponsor, told lawmakers during debate that his bill was about maintaining political neutrality in schools and government properties.

“What we are trying to do here is make sure is that we have neutrality as it pertains to politics,” Lee told law makers on Friday. “As many flags have become symbols of ideologies or political agendas from the left and the right. We would like to keep that stuff out of the classroom.”

The debate on the floor was limited, however when the bill was in committee, concerns were raised about the bills impacts the free speech of government workers. Ellie Menlove, policy councilor of ACLU Utah, told the House Education Committee that this bill targets the rights of LGBTQ people, and a pride flag wasn’t a political symbol.

“The legislature should not stop teachers and cities from displaying flags that signal acceptance and support to their students and community members,” Menlove began. “Respectfully, the bill sponsor is mistaken; pride flags are not political symbols.”

After the bill was passed, Utah House Democrats released a statement condemning the bill, saying, “This harmful bill, which received bipartisan opposition, seeks to censor Pride and Transgender flag displays in public schools and government buildings.  H.B. 77 is yet another example of unnecessary legislation aimed at silencing expressions of support and pride for our LGBTQ+ communities.”

The bill still has some ways to go before it can become law in the state. Having passed the House, it will go to a vote through the Senate after it goes through Senate standing committee. It will then need to be signed by the Governor.