This anti-gay bill just failed in Utah

During another year of record anti-LGBTQ+ legislation, good news has come from one of the least likeliest places. Utah’s Republican-controlled legislature has blocked a bill that would have banned Pride flags, or anything deemed too “political,” from schools.

The bill, HB303, began as a “Don’t Say Gay” copycat, but it soon surpassed Florida’s heinous law with even more vague restrictions. It would have prohibited school employees from “endorsing, promoting or disparaging” certain beliefs or encouraging students to “reconsider or change” their beliefs. The beliefs outlined in the bill include sexual orientation, gender identity, religious, political or social viewpoints.

Following the bill’s narrow passage by the House Education Committee, local advocacy groups raised the alarm. The bill, opponents said, would make critical thinking in the classroom next to impossible and leave teachers open to frivolous lawsuits. Utah Education Association Director Sara Jones pointed out that a teacher with a photo on their desk of a same-sex partner could be sued for violating the law, according to the Associated Press.

Ellie Menlove, Legislative and Policy Counsel at the ACLU of Utah, testified against the bill. “This bill aims to overregulate classroom discussion,” Menlove said. “It will undermine the First Amendment rights of teachers, forcing them to police their speech in response to common student questions related to political and social issues. ”

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“Likewise, the bill treads on teacher’s First Amendment rights by prohibiting the display of symbols in the classroom, like Pride flags and other symbols of safe spaces for LGBTQ students,” Menlove continued.

“Regardless of the intent of the bill, the practical effect will be the removal of any acknowledgement and support for LGBTQ students, or students who come from LGBTQ families, in public schools.”

Republicans in the state House of Representatives seemed to agree with critics, voting down the bill 39 to 32 on Monday. Several legislators expressed concern that the bill would prohibit religious expression, which is a likely reason for Republican opposition.

Although this bill has failed, the political climate in Utah is still hostile towards LGBTQ+, particularly trans, citizens. In January 2023, Utah passed a gender affirming care ban for minors, and last month, Utah passed the first anti-LGBTQ+ law of 2024—an anti-trans bathroom bill that requires both trans and cis people to show their birth certificate when challenged in a restroom.