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First US state issues LGBTQ+ pride flag ban

The move could set a national precedent

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Research Terminated LGBTQ (Copyright 2017 The Associated Press. All rights reserved.)

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In a move that sets a national precedent, Utah has become the first state to ban the display of LGBTQ+ pride flags at schools and government buildings. Governor Spencer Cox allowed the controversial ban on unsanctioned flags to become law without his signature late Thursday night, paving the way for its implementation on May 7.

While expressing "serious concerns" about the policy, the Republican governor acknowledged the likelihood of his veto being overturned by the Republican-dominated legislature. The new law stipulates a \$500 daily fine for state and local government buildings displaying flags other than the U.S. flag, the Utah state flag, military flags, or a limited selection of others approved by lawmakers. Political flags endorsing specific candidates or parties are also prohibited.

This decision is expected to escalate tensions between the state and its largest city, Salt Lake City, known for its significant LGBTQ+ community and its tradition of displaying pride flags during June's Pride Month. In a visible act of defiance, local leaders have illuminated the Salt Lake City and County Building in rainbow lights every night since the legislation reached the governor's desk.

Andrew Wittenberg, a spokesperson for Salt Lake City Mayor Erin Mendenhall's office, said their attorneys are evaluating the law and the capital city does not yet have information on what it will do once the law takes effect.

People march following a Pride rally at the Utah State Capitol Friday, June 2, 2023, in Salt Lake City. (AP Photo/Rick Bowmer, File)open image in gallery

People march following a Pride rally at the Utah State Capitol Friday, June 2, 2023, in Salt Lake City. (AP Photo/Rick Bowmer, File) (Copyright 2023 The Associated Press. All rights reserved)

In a letter to legislative leaders explaining his decision, Cox said he agreed with the “underlying intent” of the bill to make classrooms politically neutral but thought it went too far in regulating local governments. He also noted that by focusing narrowly on flags, the law does not prevent other political displays such as posters or lighting.

“To our LGBTQ community, I know that recent legislation has been difficult,” Cox said. “Politics can be a bit of a blood sport at times and I know we've had our disagreements. 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.”

Cox's decision came hours after the Sundance Film Festival announced it was leaving its home of four decades in Park City, Utah, for Boulder, Colorado. The flag bill created eleventh-hour tensions as some residents worried it would push the nation's premiere independent film festival out of state. Festival leaders said state politics ultimately did not influence their move from conservative Utah to liberal Colorado. They did, however. make “ethos and equity values” one of their criteria in a nationwide search for a new home and referred to Boulder in their announcement as a “welcoming environment.”

Utah’s flag law goes further than one signed last week in Idaho that only applies to schools. But Idaho Republicans are also advancing a separate bill to ban government buildings from displaying certain flags.

Florida lawmakers have also advanced a proposal to ban pride flags and others that represent political viewpoints in schools and public buildings after similar measures failed in the past two legislative sessions. Some branches of the federal government, including the Department of Veterans Affairs, also have limited which flags can fly at their facilities.

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