A bill that would ban pride flags from Utah schools and on government property throughout the state has passed both chambers of the Utah Legislature and now awaits approval or veto by the governor.
The bill, HB77, is sponsored by Rep. Trevor Lee, R-Layton, and originally only applied to schools, but Lee released an expanded version of the bill last month that would ban any non-sanctioned flag from all public schools and government buildings. The bill has drawn significant public attention, both in favor and against, during House and Senate committee hearings held in recent weeks.
The bill passed the House last month by a vote of 49-20, where several Republicans broke with their party and joined Democrats in voting against the measure. It passed the Senate Thursday morning by a vote of 21-8. Two Republicans in the chamber, Sens. Daniel Thatcher and Todd Weiler, joined Democrats in voting no.
“I’m wearing my Gadsden flag today,” Thatcher, R-West Valley, said, referring to a pin with the image of the yellow “Don’t tread on me” flag. “I feel like we have been doing an awful lot of treading this year, and I think liberty is liberty, even if people want to liberty different than us.”
Sen. Stephanie Pitcher, D-Salt Lake, attempted to introduce an amendment to the bill on the Senate floor that would have exempted government buildings from the legislation, but the measure was voted down.
Lee’s flag bill comes after a failed attempt to ban pride flags in schools by Sen. Dan McCay, R-Riverton, during the final hours of the 2024 legislative session.
McCay revived his efforts by acting as the bill’s Senate sponsor, and described pride flags in government buildings during his comments on the floor as a “scar.”
“I feel like it would be a grave disservice to the people of America and would highlight what I think is a grave dysfunction in our institutions if we allow a majority to put its political opinions [on a building] and scar what I believe is the historical purpose of a building and its politically intended neutral position,” he said on the Senate floor. “I just feel like that disappoints the public and it sets the public in a position where they may not feel, because of the opinion that’s being expressed on the outside of the building, that they are welcome to do business or work with their government.”
Lee has touted his bill on social media and specifically said his goal is to ban pride flags. He attracted further controversy last month after he said that, under his bill, Nazi and Confederate flags could be flown in classrooms in some instances.
“There are instances where in classrooms, you have curriculum that is needed to use flags such as World War II, Civil War,” he said in a House committee hearing. “You may have a Nazi flag. You may have a Confederate flag, and so you are allowed to display those flags for the purpose of those lesson plans if it’s part of the curriculum, and that is okay.”
Lee later claimed he never said teachers could display a Nazi flag, and attacked The Salt Lake Tribune for publishing his comments about displaying Nazi flags in classrooms.
The flags approved for display in schools and government buildings under HB77 include the U.S. flag, state flag, flags of Native American tribes, Olympic flags, military flags, flags of other countries and flags for colleges and universities. Historic versions of the U.S. and Utah flags would also be approved.
After the Tribune reported on Lee’s comments about Nazi and Confederate flags, the bill was amended to clarify that flags temporarily displayed as part of the school’s approved curriculum would also be permitted.
Lee’s bill defines a flag as “a usually rectangular piece of fabric” with a specific symbolic design, and the displaying of a flag as “to place a flag in a prominent location on government property where the flag is easily visible.” He said in committee hearings that pictures or pins of flags would not be considered a flag under his bill.
Under the educational carveout of the bill, some LGBTQ groups have noted that teachers could display pride flags as part of an approved curriculum related to LGBTQ history.
Asked whether he agreed with this reading of his bill, Lee referred only to an earlier Tribune article about the bill.
“Learn to read a bill instead of pushing dishonest click bait [sic] headlines,” he wrote in a text message to a reporter. “Go pound sand you Communist piece of trash.”
