Rainbow flag bans in Minnesota could be illegal if new law is approved

ST. PAUL, Minn. (FOX 9) - Banning a rainbow flag – oftentimes synonymous with the LGBTQIA community as a symbol of Pride – at local governments, charter schools, and colleges could become illegal in Minnesota if a new proposal being discussed by lawmakers is ultimately approved.

A bill authored by Rep. Leigh Finke (DFL-St. Paul), would prohibit a state government agency, department or branch from removing or banning the display of items containing a rainbow on state property. It would also require a charter school to comply with the prohibition on removing or banning the display of rainbows.

An exception to the prohibition would be on college campuses where a generally applicable law, rule, or policy prohibits visual displays of any form or content. 

"We all know why we are hearing this today – the rainbow is a sign of hope and affirmation to the LGBTQIA community," said Rep. Finke on Tuesday. "For those outside the community it might seem trivial to legislate the presence of rainbows, but depending on the circumstances, the value of a publicly visible rainbow is impossible to overstate."

The bill would not require any entity to fly the flag, but instead prohibit it from being banned throughout the state.

"Around the country, efforts to restrict the display of the rainbow flag or other related visual imagery have proliferated in state legislatures, and local and municipal policy conversations. Minnesota is not immune, and districts including Annandale, Farmington, Marshall, Worthington, and others have explored similar restrictions on the grounds of limiting political displays within classroom spaces," OutFront Minnesota, the state’s largest LGBTQ+ advocacy organization founded in 1987, said in a statement of support. "Rainbow flags and other displays represent an important symbol of welcome at a time when LGBTQ+ individuals are the target of efforts to restrict our full participation in public life."

During testimony, Rep. Jon Koznik (GOP-Elk River), asked whether other flag banning prohibitions should also be considered throughout the state.

"If this were to pass it could create a precedent that might be troubling to other people’s free speech," Rep. Koznik said. "This infringes on a private school's right to have public policy that prohibits political speech."

The bill now moves to the general register and would need a House Floor vote before being approved by the Minnesota House of Representatives. There is currently no Senate companion.