LGBTQ+ advocates oppose legislation prohibiting display of certain banners in public schools
LGBTQ+ advocates emphasized the positive effect displaying pride flags can have on students as a Tennessee House committee advanced a bill Wednesday that would prohibit the state’s public schools from displaying certain flags.
A controversial bill that seeks to ban the display of pride flags and ideological flags in Tennessee public schools ― but does not explicitly prohibit the Nazi or Confederate flags in schools ― advanced through another Tennessee House committee on Wednesday, despite objections from LGBTQ advocates.
As amended, the bill would prohibit the display of any flags that “represent a political viewpoint, including but not limited to, a partisan, racial, sexual orientation, gender, or other ideological viewpoint.”
“This bill really addresses one issue, which is whether parents should be the ones who decide what values their children are exposed to when they go to school,” Rep. Gino Bulso, R-Brentwood and the sponsor, told colleagues on Wednesday.
Bulso, who is Catholic, has objected to the display of the pride flag and the “set of values” it represents, saying it represents elevation of “same-sex marriage to the same status of traditional marriage.”
Spectators lined the committee room with signs featuring the pride progress flag and rainbow motifs – one of which read “bans off our flags.”
The House Education Administration Committee approved the bill in a vote of 12 to 4 on Wednesday, largely along party lines. Chair Mark White, R-Germantown, abstained from voting, while Rep. John Gillespie, R-Memphis, voted against the measure. The bill’s next major vote in the House is before the full chamber.
“Shame on you, bigots!” one spectator yelled, as the House committee gaveled out of session after passing the bill.
“Repent!” another called out, as members began to leave.
After the committee hearing ended, Gillespie told The Tennessean he had concerns with the legislation.
“The constitutionality, I think, is suspect,” he said. “I also believe that what we just did there will disallow certain flags – and I’m not going to say which flags they are – to be flown, but if we go into conflict tomorrow with a foreign nation, it would be okay for that flag to be flown.”
The bill had been set to be heard in the Senate Education Committee on Wednesday, but was rolled to next week.
Here’s more on how the bill would work and the reaction to it.
Ban would apply to teachers, staff but not students
As amended on Wednesday, Bulso’s bill defines the term “display” to mean “to exhibit or place anywhere students may see the object.” Previously, Bulso had deferred to the common understanding of flag display as “on a flag pole or standard.”
On Wednesday, the bill was also amended to apply only to “employees or agents” of schools. The restriction would not apply to flags displayed by students, such as on patches or pins displayed on backpacks, or signs displayed on behalf of student organizations.
No part of the bill appears to prohibit display of pride signs, motifs of pride or trans soliarity, or messages of support that do not include display of prohibited flags, such as a sign on a classroom door.
Witnesses urge opposition
Before the hearing began, White asked the crowd of spectators in the gallery not to block each other’s view with signs.
“This bill was a little contentious in subcommittee,” White said.
Three witnesses asked the committee to reject Bulso’s bill.
“Last week, it was clarified that this applies to teachers’ jewelry, their coffee mugs, their tattoos,” Erica Bowton, mother of three told committee members. “Where does this end? And does this apply to symbols that are not in the shape of a flag? What about a rainbow with the LGBT symbol in the shape of a circle? Or a Black Lives Matter mug? Or a pride necklace? What about a pendant? And if a rainbow necklace is banned, what about a cross necklace?
All national flags permitted
Unlike previous versions of the bill, as amended Wednesday, the bill specifically allows for display of flags of other countries and political subdivisions – such as the Kenyan national flag during geography class, for example.
It also permits flags representing Native American tribes, armed forces and ROTC flags, along with flags representing colleges and universities, official school flags, and flags displayed temporarily “as part of a bona fide course curriculum.”
What about the Confederate flag? The Nazi flag?
During debate, Rep. Scott Cepicky, R-Culleoka, asked the committee’s attorney if the bill would limit the display of national flags to only include current flags, or if previously used of a country would also be allowed.
Legislative Attorney Kasey Washburn said the bill does not specify a limit on what national flags would be permitted to be displayed. Bulso later confirmed that it is his legislative intent to permit historic flags to be displayed.
During discussion on the bill, Rep. Sam McKenzie, D-Knoxville, asked whether the bill, if passed, would permit school staff to display the Confederate flag or the Nazi flag.
“Can teachers display a Nazi flag in their classroom?” McKenzie said.
Following a spirited back-and-forth, the committee attorney noted that the bill did not specifically address either flag, and a court might need to be called upon to answer the question.
Spectators groaned audibly in response.
Flags displayed pursuant to the Tennessee Heritage Protection Act would not be impacted by the bill, as they are covered by a specific exception, Bulso noted.
“North Korea, Russia, Palestine,” McKenzie said, “these are flags that fall under these articles.”
Vivian Jones covers state government and politics for The Tennessean. Reach her atvjones@tennessean.com.
