Montana’s Gov. Greg Gianforte (R) has passed a law prohibiting the flying of Pride flags on government property and public schools. However, the law allows “historic flags,” like the Confederate flag, to be flown even though that flag represents support for Black slavery.

House Bill 819 allegedly restricts any flags that “represent a political party, race, sexual orientation, gender or political ideology.” It also allows the flying of any flags “honoring law enforcement officers, military service members, and public service organizations [that] provide appropriate, nonpolitical recognition of their contributions to public safety and national defense.”

Related

Drag activist & trans allies fly largest trans flag ever displayed in national park
“We are done being polite about trans people’s existence,” drag activist Pattie Gonia said.

The law was sponsored by 25-year-old state Rep. Braxton Mitchell (R), who introduced a law banning drag shows (including drag storytime events) from taking place on public property. The law remains unenforceable due to a federal court injunction against it.

Never Miss a Beat

Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights.
Subscribe to our Newsletter today

Justifying his flag ban, Mitchell said during a March 6 state House floor debate, “Government buildings, schools and public facilities serve all citizens and should not be used to promote political, ideological or activist messaging,” according to KTVH.

However, Rep. Pete Elverum (D) pointed out, “What we’re doing here is we’re expressly prescribing what speech is allowed, ‘these flags’, and what speech is not allowed, ‘these other flags’,” adding, “And as for the definition of ‘promoting a certain ideology,’ those [flags] are expressly prohibited, but at the exact same time we’re sitting here with a bill proclaiming to be about free speech, we’re expressly prohibiting some and promoting others.”

Both Utah and Idaho have signed similar laws restricting the flying of Pride flags in schools and government property. The move led the capitol city governments of Salt Lake City,Utah and Boise, Idaho to designate the Pride flags as official city flags, so they can still fly them under the law.

When Mitchell introduced his aforementioned statewide drag ban, he claimed that all drag performances are “sexually oriented,” “indecent,” “inappropriate,” and “harmful” for minors. A federal judge issued an injunction against the ban in October 2023 — saying the broadly written law would encourage “discriminatory enforcement” and “disproportionally harm … anyone who falls outside of traditional gender and identity norms.” The judge’s injunction has stayed in place ever since.

Mitchell supports far-right causes, like pro-gun protests in the face of school shootings, joined the young conservative group Turning Point USA, supported the current U.S. president’s baseless claims of a “stolen” 2020 election, and has shared images of the far-right paramilitary group the Proud Boys on social media, The Daily Beast reported.

Subscribe to the LGBTQ Nation newsletter and be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.