My name is Ellie Menlove and I am the Policy Counsel at the ACLU of Utah. We oppose HB77. Flag bans infringe on government speech and teachers’ rights to free expression. While speech in public schools may be more restricted in other arenas, the Supreme Court has repeatedly held that First Amendment protections extend to “teachers do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
The Legislature should not stop teachers and cities from displaying flags to signal acceptance and support to their students and community members.
Though the bill bans nearly all flags, we are particularly concerned about the effect of forcing teachers to remove Pride flags from their classrooms.
Respectfully, the bill sponsor, Representative Trevor Lee, is mistaken - Pride flags are not political symbols. Being LGTBQ+ is not a political statement. Pride flags represent acceptance and are used to support LGTBQ+ people by instilling a sense of inclusion and community.
Forcing the removal of Pride flags sends a message to students and the public that this community is not to be celebrated or protected. Regardless of the bill's intent, the practical effect will be the removal of acknowledgment and support for LGTBQ people in public places.
Students learn best when they feel supported in their learning environment. All students, including LGTBQ+ students, deserve a learning environment where they feel free to focus on their studies while being authentic. This bill will make it harder for schools and municipalities to create welcoming spaces for everyone.
For the last several years now, the Legislature has passed bills explicitly and implicitly targeting LGTBQ+ Utahns, especially youth and young adults. This onslaught of legislation has stoked fear and anxiety in the community, which can feel incredibly isolating for youth.
Instead, we ask you to focus on ensuring all Utahns feel empowered to live their authentic lives free of discrimination. We urge you not to advance this bill out of committee.
