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Proposed bill would ban state agencies from displaying pride flag in Oklahoma [1]

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Date: 2024-02-07

A bill that would ban state agencies from displaying pride flags or using funds to observe Pride Month is drawing criticism from LGBTQ+ advocates.

Authored by Rep. Kevin West, R-Oklahoma City, House Bill 3217, or the "Patriotism Not Pride Act," would prohibit state agencies from displaying flags that represent sexual orientation or gender identity on state property.

The bill also would ban state agencies from using any funds ― federal or private — to develop, administer, engage in, promote or endorse any activity that aims to promote or recognize Pride Month or any event with a similar theme.

"No state funds may be used by any agency to develop, organize, administer, engage in, promote, or endorse any activity, including any event, initiative, official communication, social media post, educational program, or public campaign, that aims to promote or recognize Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Pride Month or any event with a similar theme," the bill reads.

In a packed meeting room, the bill passed the State Powers Committee Wednesday morning. The measure now goes to the full Oklahoma House of Representatives.

Amendment would prohibit state agencies from using private donations for Pride Month

The measure was amended during the committee meeting, changing the wording from "no state funds" to "no funds" so that state agencies would be prohibited from using private donations along with state funds to promote Pride Month.

State Rep. John Waldron, D-Tulsa, called the bill, as amended, a "dangerous expansion into dark territory." He said patriotism and pride aren't mutually exclusive, adding that transgender people are twice as likely to serve in the U.S. military.

"We're talking about viewpoint discrimination here and the clearest description is in the title," Waldron said. "To call this bill 'Patriotism Not Pride' is to target a specific group."

More:Oklahoma bill could label Hispanic gangs as terrorists in effort to curb fentanyl smuggling

Legislator claims bill could halt Pride Month promotion on state websites

HB 3217 passed the State Powers Committee Wednesday by a 7-2 vote after West presented the bill.

During the meeting, West said he's seen banners on state agency websites promoting Pride Month, which is why he felt the bill was necessary.

Waldron asked West why messages promoting Pride Month were an issue.

"Several people in the state do not agree with seeing that," West replied.

More:After a week of 'hateful,' 'stupid' bills, Oklahoma lawmaker angles for constructive bills

ACLU and Freedom Oklahoma respond to 'Patriotism Not Pride Act'

Cindy Nguyen, policy director of the American Civil Liberties Union of Oklahoma, called the bill "vague and discriminatory" in a statement.

"Rainbow flags, Pride flags, and other symbols celebrating 2LGBTQ+ pride are a protected form of free speech and have been used to [instill] a sense of community across the country," Nguyen said in the statement.

She said West should be familiar with the lengths the ACLU of Oklahoma is willing to go to protect against viewpoint-based censorship, referencing HB 1775, a 2021 bill authored by West that faces a lawsuit filed by a group of students, teachers, activists and college professors, with attorneys from the ACLU.

HB 1775 bans eight race and gender concepts from public school classrooms and prohibits mandatory diversity training at universities.

In a statement from Nicole McAfee, the executive director of Freedom Oklahoma, they said the bill threatens the ability of "2SLGBTQ+ Oklahomans from receiving culturally competent services from the state."

“Not even a week into session, and already the House has declared their obsession with targeting and isolating 2SLGBTQ+ Oklahomans will continue this year," McAfee said.

McAfee said members of the LGBTQ+ community cannot be banned, and West's target on the community is shameful.

“2SLGBTQ+ folks have always been on this land, and we will always be here," McAfee said. "We deserve a state that will serve us, with pride.”

More:Valentine's Day in Oklahoma City: LGBTQ+ friendly date spots

Would Oklahoma bill affect pride flags in public schools?

West said the bill would apply to advertisements from public schools in Oklahoma, and that pride flags could not fly on public school grounds because they're considered state property.

He said this would not apply to classrooms.

Have pride flags been displayed in Oklahoma state buildings?

During the committee hearing, Waldron asked West if he has data showing pride flags have been displayed in state buildings.

West said he didn't, but that it could happen and felt it's important to address.

Waldron said in his 20 years of teaching in an Oklahoma public school, he's never seen a pride flag displayed on the school's flagpole.

Intersex people included in pride bill: 'Those all got grouped in together'

Rep. Amanda Swope, D-Tulsa, asked West why people who are intersex were included in the bill, given that being intersex is based on reproductive or sexual anatomy, not sexual orientation.

"This is doing things that are promoting these different activities, so those all got grouped in together whenever I was talking to staff about that," West said.

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[1] Url: https://www.oklahoman.com/story/news/politics/2024/02/07/oklahoma-hb-3217-could-ban-pride-flags-events-from-state-property/72508539007/

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