Utah has banned the display of overtly political flags at government buildings and public schools, prompting concerns from both sides of the aisle.
House Bill 77 became law in Utah Thursday without the signature of Republican Gov. Spencer Cox. The measure passed the Republican-controlled Utah House of Representatives in a 49-20 vote on Feb. 21, while the Republican-controlled Utah Senate passed its bill in a 21-8 vote on March 6.
The votes in both chambers fell along party lines, with all support coming from Republicans and most opposition coming from Democrats. Two Republicans joined Democrats to oppose the legislation in the Senate while seven House Republicans did the same.
Scheduled to take effect on May 7, House Bill 77 prohibits a "government entity, or an employee of a school district or school within the public education system acting within the employee's official duties" from displaying "a flag in or on the grounds of government property."
The measure contains a long list of exceptions to this requirement, including the United States flag, the Utah state flag, and flags representing other countries, states, municipalities, Native American tribes, colleges or universities.
The legislation tasks the state auditor with investigating alleged violations of the law and gives violators a 30-day window to comply with the measure. Failure to comply with the measure will subject violators to fines of $500 per day.
Cox expressed support for the bill's intention while outlining the reservations that prevented him from signing it in a letter to the leaders of the state legislature published Thursday.
"I deeply believe that our classrooms need to be a place where everyone feels welcome — free from the politics that are fracturing our country. Parents are rightly upset when they bring their kids to publicly funded schools and see culture-war symbols in a place that should be apolitical," he wrote.
"In an attempt to make some kids feel more welcome, other kids feel less welcome. 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')," he added. "I agree with the underlying intent of those legislators who supported this bill in an attempt to bring political neutrality to the classroom. Unfortunately, this bill does not do that."
However, Cox believes that requiring the removal of "flags only" does little to prevent other political displays like posters, signs, drawings and furniture from entering the classroom.
"Furthermore, the bill is overly prescriptive on flags themselves," Cox stressed. "To those legislators who supported this bill, I'm sure it will not fix what you are trying to fix."
In a letter following Utah Senate's approval of House Bill 77, the ACLU of Utah urged Cox to veto and condemned the legislation as an attempt to ban LGBT pride flags.
"HB77 would ban the display of Pride flags in public schools and on public property, restricting free expression and sending a clear message that some students and community members are not welcome or protected," the ACLU letter reads. "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," the letter warned. "The bill sponsor's comments at the Capitol and public events make the intent clear: this isn't about flags but about othering and erasing LGBTQ+ people from public life."
The ACLU of Utah argues that such a law could open the door for "broader restrictions on speech, education, or expression for even more Utahns."
Cox responded to some of these arguments in his letter to lawmakers.
"The idea that kids can only feel welcome in a school if a teacher puts up a rainbow flag is just wrong," he wrote. "Let's do everything possible to make our classrooms one of the last remaining politically neutral places in our state."
Utah's House Bill 77 comes amid concerns about promoting progressive political ideologies in public school classrooms.
In 2023, the Central Bucks School District in Pennsylvania voted to ban public school employees from discussing their political views in addition to displaying "any flag, banner, poster, sign, sticker, pin, button, insignia, paraphernalia, photograph, or other similar material that advocates concerning any partisan, political, or social issue."
The implementation of Utah's House Bill 77 also occurs in the context of backlash to the promotion of progressive political ideology in American culture as a whole. Outrage over LGBT advocacy as well as diversity, equity and inclusion has prompted several major companies in the U.S. to scale back such activism over the past year.
