Pride flag ban: Utah becomes first state to outlaw pride flags in government buildings, schools

Utah became the first state in the nation to ban pride flags from all public schools and on all government property after Gov. Spencer Cox allowed a bill prohibiting the display of any non-sanctioned flag to become law without signing or vetoing it. It will go into effect May 7.

The bill’s sponsor, Rep. Trevor Lee, R-Layton, has repeatedly said he constructed the bill specifically to ban pride flags in schools, and a later version of the bill that passed both the House and Senate expanded the prohibition to all government property.

In a letter to lawmakers late Thursday night explaining his decision, Cox wrote that he had “serious concerns” about HB77 and encouraged lawmakers to consider repealing its provisions that would apply to government property. He said he would not veto the bill because he expected the Legislature to override it.

“As tired as Utahns are of politically divisive symbols, I think they are also tired of culture war bills that don’t solve the problems they intend to fix,” the governor wrote.

Cox went on to say that despite his concerns, he supports the bill’s professed goal of making classrooms “neutral” spaces.

“In an attempt to make some kids feel more welcome, other kids feel less welcome,” he wrote. “I appreciate that the bill is neutral on the types of flags in question (and I find it strange that no headline reads ‘MAGA flags banned from classrooms’).”

MAGA, or Make America Great Again, flags express support for President Donald Trump, a Republican politician, while pride flags express support for members of the LGBTQ+ community.

The flags approved for display under HB77 include the U.S. flag, Utah 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, and the law includes a carveout for flags displayed for educational purposes as part of an approved curriculum.

The law will require enforcement by the state auditor, who will be able to fine any public school or other government entity that violates the prohibition.

In his letter, Cox said that despite the Legislature’s attempts to make schools politically “neutral,” the law focuses too narrowly on flags and will instead encourage other types of political displays, such as posters or light displays.

“To those legislators who supported this bill,” he wrote, “I’m sure it will not fix what you are trying to fix.”

Cox also noted that he has asked the State Board of Education to “continue their work to find ways to make our classrooms more politically neutral.”

“The idea that kids can only feel welcome in a school if a teacher puts up a rainbow flag is just wrong,” he said in Thursday’s letter. “Let’s do everything possible to make our classrooms one of the last remaining politically neutral places in our state.”

The governor did go on to say, however, that he feels the legislation goes too far in banning unsanctioned flags from government property.

“While I think it’s wrong for city and county officials to fly divisive flags, I believe that elections have consequences and the best way to stop that behavior is to elect people who believe differently,” he wrote. “All this bill does is add more fuel to the fire.”

Cox concluded his letter Thursday by addressing the LGBTQ community in Utah directly: “I know that recent legislation has been difficult. Politics can be a bit of a blood sport at times and I know we have had our disagreements,” the letter read. “I want you to know that I love and appreciate you and I am grateful that you are part of our state. I know these words may ring hollow to many of you, but please know that I mean them sincerely.”

In his first two years in office, Cox marked Pride Month with declarations that encouraged Utahns to “be more inclusive and accepting of the LGBTQ+ members of our community.”

However, in 2023, Cox removed any mention of the LGBTQ+ community from his declaration, and last year declared June a “Month of Bridge Building,“ not Pride Month.

In a statement Friday afternoon, the Utah Pride Center said they were “deeply saddened” by the bill becoming law and responded directly to the section of Cox’s letter addressed to the LGBTQ community and announced a protest at the Capitol on Saturday, March 29 in honor of Transgender Day of Visibility.

“You recognized your words may sound hollow to those most impacted,” the statement read. We would like to publicly invite you to step out of that blood sport and join our community tomorrow, on your South steps, as we carry the world’s largest transgender flag, not just as a symbol, but as a commitment to recognizing your gratitude that we are part of your state. This moment calls for leaders to stand with — not apart from — those they serve.”

‘This isn’t about flags’

A proposed amendment to the bill that would have removed the provisions related to government property failed during a vote on the Senate floor. Some LGBTQ+ advocacy groups, including Equality Utah, have said they are exploring possible litigation, particularly over the provisions of the law that apply to government property.

In a statement Friday morning, Equality Utah said they were disappointed in Cox’s decision to let the bill become law. “It sets a dangerous precedent that the State can silence the speech rights of local governments and makes the bill constitutionally suspect,” the group’s leadership said in the release.

“We hope that the lack of signature on this bill sends the message that the policy in HB77 is not appropriate and merits reconsideration by the legislature,” they added.

The ACLU of Utah expressed similar concerns.

“Make no mistake — this isn’t about flags; it’s about advancing an agenda aimed at erasing LGBTQ+ Utahs from public life,” said Aaron Welcher, ACLU of Utah’s director of communications, in a statement ahead of Cox’s decision to let the bill become law. “Today it’s Pride flags. Tomorrow, it’s your freedom on the chopping block.”

Cox’s decision came after the Sundance Film Festival announced Thursday it will be leaving Utah for Boulder, Colorado, starting in 2027. Among the criteria Sundance considered in the selection process, the festival said in a statement Thursday, was “ethos and equity values.”

According to a Deadline report earlier this month, a “Sundance insider” said HB77 was part of the film festival’s considerations in moving out of the state. Sundance officials did not confirm the report at the time.

Following the report, Cox said he’d been told the bill was not part of the reason for the move. “I’m going to take the board at their word,” he said during a news conference earlier this month.

A number of lawmakers in other states, including Arizona, Alaska, Florida and North Carolina, have recently introduced similar bans. Lawmakers in Alabama are also considering a bill that would ban pride flags in schools, and lawmakers in Idaho recently passed a similar ban on unsanctioned flags in public schools, which the governor signed into law earlier this month.

The wave of anti-pride flag bills across the country comes along with a recent federal push by the Trump administration to remove the flags from embassies and Department of Veterans Affairs facilities, as well as federal efforts to ban pride flags in all government buildings.

‘Queer blood on your hands’

The legislative hearings on HB77 drew attention from a sharply divided public. Some parents and conservative activists argued that keeping schools and government buildings “neutral” will make them safer for everyone. But queer students, LGBTQ advocates and some teachers spoke out against the bill, and urged legislators to consider how important a pride flag can be for making a student feel safe at school.

“You all argue semantics, but you all know this is wrong and immoral. Queer people commit suicide at a higher rate than everybody else,” Millie Dworkin, a senior at Salt Lake Center for Science Education, said during public testimony as part of a House committee hearing in February. “This is not because they are inherently prone to commit suicide due to their sexual orientation or gender identity; it is because of how they are treated. If you pass this, you will have queer blood on your hands.”

The bill’s sponsor attracted further controversy last month when he said that, under the bill, Nazi and Confederate flags could be displayed in classrooms in some cases.

“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.

Some LGBTQ groups have argued that this carveout would allow for teachers to display flags when they teach about LGBTQ history, including lessons on Harvey Milk and Stonewall — though a spokesperson for the state school board said that while the individual districts have some flexibility in their lesson plans, the state does not currently have any mandated LGBTQ history curriculum.