HB 77 to Become Law Without Governor’s Signature

Today, Governor Spencer Cox announced that he will not sign HB 77, Flag Display Amendments. While the bill will still become law, the Governor made clear that he does not support the legislation. In his statement, he described HB 77 as “one of the most divisive bills of the session” and expressed deep disappointment that our compromise agreement had fallen through.

Governor Cox affirmed the importance of keeping classrooms politically neutral but criticized the bill as ineffective, overly prescriptive, and ultimately unlikely to achieve that goal. Rather than veto the bill, which he acknowledged would be overridden, Governor Cox opted not to sign it

– signaling his disapproval while calling on lawmakers to revisit the issue. He closed his letter with a direct message to the LGBTQ community: “I love and appreciate you and I am grateful that you are part of our state.”

While we agree with Governor Cox that all Utahns are ‘tired of culture war bills that don’t solve the problems they intend to fix.” Equality Utah is disappointed that HB 77, will become law. Our organization worked diligently with Utah lawmakers to improve this bill during the session, successfully adding amendments to reaffirm that schools have an obligation to protect all students from discrimination in the classroom, including LGBTQ students, and to safeguard the First Amendment rights of teachers and students to wear rainbow pins, stickers, and patches.

We also sought and achieved the removal of a provision in the original bill that would have opened the door for parents to sue teachers over the display of flags in classrooms. Even with these substantial improvements, the late inclusion of cities and counties into the scope of the legislation makes this bill unacceptable. It sets a dangerous precedent that the State can silence the speech rights of local governments and makes the bill constitutionally suspect.

We know from experience that the best and most enduring policy is achieved when we sit down together, listen to one another’s concerns, collaborate and seek to craft language that addresses those concerns.

The recent legislative session has once again highlighted the petty and divisive nature of the so-called culture wars. As a society, we thrive when our lawmakers acknowledge the rich variety of worldviews that comprise Utah—a tapestry woven with conservatives and liberals, believers and non-believers, LGBTQ individuals and heterosexuals, all holding a spectrum of beliefs and identities, yet still striving to coexist.

In Federalist Paper 10, James Madison issued a timeless warning about the dangers of supermajority rule, cautioning that conflicts between rival factions are too often resolved “not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.” Madison urged factions to engage in good-faith dialogue, seeking reasonable compromises that safeguard the liberty and dignity of minority voices.

For years, the Utah Legislature has, at its best, embodied Madison’s vision in our negotiations, finding paths to balance competing interests. The process that led to HB 77 missed the mark in this regard.

We encourage lawmakers to reconsider HB 77 in the upcoming months, and work towards policy that reflects the collaborative spirit that makes Utah unique. If and when that happens, Equality Utah stands ready to engage with lawmakers once again to negotiate language that benefits all Utahns.

This June, we will fly both Pride and American flags triumphantly throughout our state. We are LGBTQ Utahns. This is our home. This is our country. We are not going anywhere.

Troy Williams
Executive Director

Marina Lowe
Policy Director ​​