The Tennessee Equality Project (TEP) and the Human Rights Campaign(HRC) have found that Pride flag censorship sends a negative message about LGBTQ+ visibility – despite lawmakers’ continuous efforts to enforce it.
HB0304 by Rep. Gino Bulso (R-Brentwood) has been introduced in the current legislative session. It prohibits government entities from “displaying or allowing display of flags other than Tennessee and U.S. flags on courthouses and public roads and sidewalks.”
The brief states that the flag is not inherently “political” yet proposed legislation seeks to label them as such. Failed bills categorized them as “unapproved, political flags,” and sought to ban them from flying in “government buildings and public schools.”
“It does not address personal displays inside courthouses and government buildings,” the brief said. “ Its arbitrary enforcement-by-grievance is based on an individual’s beliefs and visual interpretations of abstract or imagined forms of ‘political flags,’ including in constitutionally recognized free speech zones. Individuals can file lawsuits against any Tennessee government entity.”
The agencies published a policy brief regarding flag censorship in Tennessee government and schools. While the state has passed “over 20 anti-LGBTQ+ laws,” since 2019, lawmakers have been unsuccessful in banning the flag, with two bills failing in 2024 (HB304/SB266.)
TEP and HRC said that the government can regulate “its own speech and those speaking on its behalf;” this form of censorship can be deemed by non-governmental bodies as unconstitutional.
The brief emphasizes the historical significance of Pride flags as they represent “identity, unity or division, and pride.” They said it is not affiliated with any political party or religion, and that Tennesseans have celebrated its meaning at different businesses, parks, parades and more.
“For 47 years, rainbows and Pride flags have been displayed to celebrate LGBTQ+ history, figures, and the pursuit of equality around the world,” the brief said. “Pride flags are prominently displayed at Stonewall National Monument in honor of LGBTQ+ trailblazers.”
Another central argument the brief makes is that the flag positively impacts LGBTQ+ representation — specifically in schools. It states that regulating public display of the flag “perpetuates stigma about the LGBTQ+ community.” The HRC found that 46.1 percent of LGBTQ+ youth reported feeling unsafe in schools. The brief states that the Pride flag can symbolize safer and inclusive environments.
If passed, the bill would also open the door for a number of legal battles challenging the constitutionality from schools, as well as from community groups and citizens.
“Tennessee courts have recently sided with groups when local governments refused permitting public Pride events, the brief said. “ Governments across Tennessee will face similar and costly legal challenges if they censor certain speech, or appear to.”
