In 2019, then-Secretary of State Katie Hobbs hung an LGBTQ pride flag from the historic Arizona Capitol building. A Republican proposal aims to make such displays illegal in all government buildings in Arizona. Photo by Arizona Capitol Museum/@azcapitolmuseum | Twitter
A Republican bill that would bar LGBTQ pride flags on government property moved forward Wednesday, despite concerns about the bill’s free speech implications.
The proposal would limit governments to flying only the United States, POW and MIA flags, the Arizona flag, Arizona Indian Nations flag, first responder flags, historic American flags and “blue star service or a gold star service” flags.
“The basic intent behind this came from my time in the military,” Rep. Nick Kupper, R-Phoenix, told the House Government Committee on Jan. 22 when it considered House Bill 2113. “When I was on duty in uniform, I represented the military…This just brings it to the same level with us in the state government.”
Kupper said the bill is not aimed at pride flags specifically, nor is it about stopping the freedom of speech of any one individual or group. He characterized it as a “government speech issue.”
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The proposal would directly block display of LGBTQ pride flags, the use of which has infuriated Republicans in recent years. When Gov. Katie Hobbs was secretary of state, she hung a pride flag from the historic Capitol building, but Republicans forced her to promptly remove them for violating the state building’s rules. After she became governor, Hobbs hung the flag from the Executive Tower for the first time ever.
In an email exchange with the Arizona Mirror, Kupper said the legislation is not aimed at Hobbs’ display of the pride flag.
Democrats, however, believe stamping out government recognition of LGBTQ people is the true purpose.
“What a sad waste of time. The reason housing is expensive isn’t because of pride flags. The reason health care costs are out of control isn’t because of pride flags. The reason child care costs as much as tuition isn’t because of pride flags,” Rep. Oscar De Los Santos, D-Phoenix, co-chair of the Arizona LGBTQ Caucus, said in a statement to the Mirror. “How about we focus on the things that actually matter for once?”
While Kupper did not mention in his testimony that the bill is aimed at any particular group, he took to X to reply to the anti-LGBTQ Libs of TikTok account, which was asking for a “one flag policy” for classrooms to remove pride flags.
“My bill in AZ, HB2113, prevents schools from displaying flags other than official government ones,” Kupper wrote on the social media platform formerly known as Twitter.
But it wouldn’t only bar pride flags. During his testimony, Kupper brought up the controversy surrounding U.S. Supreme Court Justice Samuel Alito, who flew a flag favored by Christian nationalists outside his home.
“This would prevent flags such as that from being on any government or state property in our official capacities,” Kupper said. Arizona Senate Majority leader Janae Shamp displays the Appeal to Heaven flag flown by Alito on her desk, and the flag has been spotted elsewhere at the Capitol in recent years.
Critics of the bill also spoke in committee about their concerns of how it would impact the First Amendment rights of public employees and elected officials.
Marilyn Rodriguez, a lobbyist for the ACLU of Arizona, said the bill’s “broad blanket descriptions” impacts all government employees, essentially barring them from displaying any flag other than the approved ones — whether they are at work or not.
“Public employees do not lose their First Amendment rights upon employment or election,” Rodriguez said, adding that the bill would disallow a teacher from having a Mexican flag in a classroom or a public employee from having an Israeli flag on their car.
The committee amended the bill to add county flags to the list of approved flags, but city flags would still be disallowed.
The bill passed out of committee on a party-line vote, with Republicans voting in favor and Democrats opposing. The bill heads next to the full House of Representatives for consideration.
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