Ohio Republicans have introduced a bill that would effectively ban the display of LGBTQ+ Pride flags on buildings or grounds owned or maintained by state agencies.
In July, Ohio Gov. Mike DeWine vetoed an earlier ban included in Ohio’s budget on the grounds that it would prevent state agencies from flying the flags of “Ohio cities and counties, as well as the flags of the United States Marine Corps, the United States Army, the United States Navy, the United States Air Force, the United States Coast Guard and the United States Space Force.”
Republican lawmakers wrote in response Ohio House Bill (HB) 602which provides an exception for both the National League of Families POW/MIA flag and flags “containing the official logo of a state agency” – partially addressing DeWine’s concerns.
None of the flag bans specifically mention LGBTQ+ Pride flags, but instead essentially exclude the display of flags other than the Ohio and U.S. flags on state property, effectively banning LGBTQ+ Pride flags in addition to those of other cultural, religious and social groups.
The bill was introduced on November 18 and forwarded to the Ohio House of Representatives General Government Committee the next day.
Flag Laws and Freedom of Speech
Flying pride flags has been an issue in communities across Ohio since at least 2022, when officials in Delaware, Ohio, suspended a city-sponsored public flag program that allowed private groups and organizations — including LGBTQ+ Pride groups — to fly flags in front of City Hall.
The city authorities made the decision after The US Supreme Court ruled for a man who petitioned the city of Boston to fly a Christian flag under a similar public flag program, but was denied.
The court ruled that the flag did not constitute government speech, but rather individual speech freedom of speech. Therefore, the city of Boston violated his First Amendment right by denying his request to display the religious flag, the court reasoned.
Although the Boston case involved a Christian flag and not an LGBTQ+ flag, both flags are non-governmental in nature and are subject to the First Amendment as personal expression. For this reason, this case could change the way cities and communities address flag policy across the country, leading to stricter regulations.
Because both LGBTQ+ Pride flags and religious flags are personal expressions, limiting the display of one also results in narrow display of the other. To avoid controversy and legal issues, more cities could follow Delaware’s lead, opting instead to only fly flags with the logos of official state agencies.
Throughout Ohio, school boards also host flag displays.
In Maineville, Ohio, members of the Little Miami Board of Education voted down a policy restricting the display of flags in classrooms after fierce objections from parents and students.
In 2023, the Big Walnut School Board near Columbus passed a similar resolution to restrict displays in schools and classrooms, including flags, with a list of exceptions almost identical to that in HB 602.
The bill is co-sponsored by Rep. DJ Swearingen (R-Huron) – sponsor of the Parents’ Bill of Rights, which requires teachers and school staff to make LGBTQ+ youth accessible to parents – and publicly endorsed by Rep. Rodney Creech (R-West Alexandra), who was removed from committee tasks in April and were told to resign after a minor family member accused him of sexual assault.
Creech is also the author of a provision in this year’s budget that bans the employ of menstrual products in men’s restrooms in public buildings.
The date for the first meeting of the bill has not yet been set. 🔥
Ignite the action
- Buckeye Flame Ohio’s 2025 LGBTQ+ Legislation Guide can be found here.
- To register to vote or check your eligibility to vote in Ohio, click here.
- To find the contact information for your Ohio State Representative, click here.
- To find contact information for an Ohio State Senator, click here.
- If you are a youthful LGBTQ+ person in crisis, please contact Trevor’s project: 866-4-U-Trevor.
- If you are a transgender adult in crisis, please contact: National Trans Lifeline: 877-565-8860
