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Bill effectively banning Pride flags in Tennessee schools passes the House

Opponents said the bill is aimed at blocking Pride flags in schools. Attorneys at a committee meeting said much of the bill would need a court's interpretation.

NASHVILLE, Tenn. — A bill that would restrict most flags from flying at schools unless they're included in a specific list passed the House of Representatives on Thursday. Opponents of the bill said HB 1605 is aimed at keeping Pride, Progress and other LGBTQ+ flags from flying at schools.

It would also specifically allow parents and guardians to sue schools if a restricted flag is flown. The list of flags allowed to be displayed is available below.

  • The U.S. Flag
  • The official Tennessee state flag
  • A flag that cannot be disturbed or altered pursuant to § 4-1-412
  • The POW/MIA flag
  • A flag that represents an Indian tribe, as defined in 25 U.S.C. § 5304
  • A flag that represents a city, county, metropolitan government, or other political subdivision of this state
  • A flag that represents any unit, branch, or other division of the armed forces, including, but not limited to, an ROTC program
  • A flag that represents a country or political subdivision thereof
  • A flag that represents a college or university
  •  A flag that is displayed temporarily as part of a bona fide course curriculum
  • An official school flag
  • The flag of an organization duly authorized to use a public school building; provided, that the flag of an organization duly authorized to use a public school building may only be displayed at the time and place that the organization is authorized to use school property

It was introduced by Rep. Gino Bulso (R - Brentwood) and bars the flags from being put anywhere students may see them. During an earlier committee meeting, people speaking against the bill warned that the bill may restrict teachers' tattoos, coffee mugs or jewelry.

"What about a rainbow with the LGBT symbol in the shape of a circle, or a Black Lives Matter mug?" she said. "And if a rainbow necklace is banned, what about a Cross necklace? ... These teachers are not indoctrinating, they are not giving LGBT lessons, they are not making children gay. This is already not allowed. The only problem that exists is the few parents who do not want their kids exposed to people who are different than them, and this is virtually impossible in our schools."

At the same committee meeting, attorneys said much of the bill's details would need to be interpreted and decided inside a courtroom. The bill specifically allows parents to sue a school district if they believe a school is in violation of it.

During the same committee meeting, Rep. Antonio Parkinson (D - Memphis) asked attorneys about whether historic flags could be flown according to state code, specifically asking about the Confederate flag and the Nazi flag.

"That describes the historic flags in historic battles, and in one section you read through, it said about countries, which could mean that Nazi flags are allowed," said Parkinson.

Rep. Gloria Johnson (D - Knoxville) said Rep. Justin Jones (D - Nashville) and several other lawmakers were not called on to discuss the bill on the House floor and so some shouted about it. She said Jones was the only one to be singled out on it.

Bulso said during a committee hearing that the bill was meant to let parents decide what "values their children are exposed to when they go to school."

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