Assessing Claims That a Utah Bill Would Ban Pride Flags but Allow Nazi and Confederate Flags
Would a bill in Utah ban pride flags from being displayed at schools in the state? Viral social media posts claim that Republican state lawmakers are pushing legislation that would prohibit the symbol for gay pride while allowing Nazi and Confederate flags to be shown. 'Republican lawmakers in Utah are advancing a bill that would allow schools to fly swastika flags and Confederate flags while banning Pride flags,' reads one post. 'Utah Bill Moves To Ban Pride Flags In Schools & Government Buildings. … But Nazi & Confederate Flags Are 'Okay' For 'Educational' Use,' says another.
The claim is largely true but missing context. Utah Republicans introduced a bill that would ban most flags—including pride flags—from being displayed on government property, including in schools. However, while the bill does allow Confederate and Nazi flags to be displayed temporarily when part of a school's approved curriculum, the bill's sponsor told The Dispatch Fact Check that pride flags would also be allowed under the same standards.
In early January, Rep. Trevor Lee—a Republican—introduced H.B. 77 in the Utah House of Representatives and announced on Twitter that it would ban pride flags. The bill, titled 'Flag Display Amendments,' was intended to ban political flags from being displayed on government property, and 'prohibits a government entity or employee of a government entity from displaying a flag in or on the grounds of government property except certain exempted flags.' These exemptions include the U.S. flag, Utah state flag, Indian tribal flags, official flags of colleges and universities, and, in the bill's initial version, 'a historic version of a flag … that is temporarily displayed for educational purposes.'
During a February 13 hearing, Lee told the committee that, in some circumstances, historical flags like the Nazi flag or Confederate flag could still be displayed as part of a school's curriculum. 'There are instances where in classrooms you have curriculum that is needed to use flags such as World War II, Civil War,' he said. '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.' Following criticism from the hearing, Lee amended the bill, further clarifying when flags could be displayed as part of lesson plans. The amended version of the bill read that 'a historic version of a flag,' could be displayed only 'in accordance with curriculum the [local education authority] governing board approves.'
In an email to The Dispatch Fact Check, Lee confirmed that pride flags could also be displayed in schools as part of an approved lesson plan. 'You are correct,' he answered when asked whether the pride flag could, for example, be displayed during a lesson about the gay rights movement.
The bill passed in a 49-20-6 vote on February 21 and was sent to the state Senate for review. If approved by its standing committee and passed by a majority of the Senate, it will be sent to Utah Gov. Spencer Cox for final approval.
If you have a claim you would like to see us fact check, please send us an email at factcheck@thedispatch.com. If you would like to suggest a correction to this piece or any other Dispatch article, please email corrections@thedispatch.com.
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