H.B. 77 “Flag Display Amendments” passed in the Senate Thursday morning, March 6, and was approved by the House in the afternoon. The bill will now head to Gov. Spencer Cox’s desk to be vetoed or signed into law.
“This is a bill that was hotly debated last session and continues to be an issue this year. This is an effort to try and neutralize our government buildings and our classrooms from political speech,” Sen. Daniel McCay (R – Riverton) said.
The bill was introduced at the very beginning of the 45-day session and has been successfully amended eight times since. A ninth amendment was proposed by Sen. Stephanie Pitcher (D -Millcreek), seeking to remove government buildings from the bill. Pitcher argued that it violated the Constitution and could get the state sued, but ultimately the amendment failed to pass.
The bill lists what flags would be allowed in schools, specifically allowing for flags of countries, universities, military branches, or even the Olympic Games. Notably, it does not make room for flags representing the LGBTQ+ community, something the bill’s sponsor has spoken to.
Rep. Trevor Lee (R – West Jordan) previously posted on social media saying the bill “would ban Pride flags” and allow parents to sue the school district if the law is violated. The bill has since been changed to set up a process for investigating violations, removing the section on potential lawsuits.
The bill as it currently stands would assign the state auditor to receive and investigate alleged violations of the bill. If the violation is deemed credible, the government entity or school will be fined $500 per violation per day.
When asked if this bill could affect the annual Pride Festival at Library Square in Salt Lake City, Senate leaders said it would not bar anyone from parading with flags on the property. However, it would ban pride flags from being posted or put on display in or on the library building.
The Utah Pride Center, the organization that hosts the annual festival, released a statement calling this “a deliberate attempt to erase LGBTQIA+ visibility from the public square.”
“Pride celebrations across Utah rely on public parks and city spaces to bring people together in joy and solidarity. These spaces belong to all of us. Our right to gather, to celebrate, and to be seen is not up for debate,” the center’s statement reads. “The Utah Pride Festival and Parade will continue as planned. We will march. We will celebrate. We will take up a tremendous amount of space, as we always have. Now is the time to come together.”
Lindsay Aerts contributed to this story.
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