Pride Flag – Photo: Sophie Popplewell via Unsplash
The Missoula City Council has drawn the ire of Republicans — including Montana Gov. Greg Gianforte — by sidestepping a state ban on Pride flags through a resolution declaring the LGBTQ Pride flag as an official city flag.
On June 2, the council voted 9-2 in favor of the resolution. According to city attorney Ryan Sudbury, speaking to Missoula-based NBC affiliate KECI, the city previously had no official flag.
“Currently, there is only one official flag for the City of Missoula, and that’s the Pride flag adopted last night. There was no prior official flag,” Sudbury told the news station.
The resolution was passed in direct response to a new law signed by Gov. Greg Gianforte on May 13. The measure, approved by the Republican-led Montana Legislature, bans flags on state property — including public schools — that express a “political viewpoint, including but not limited to flags or banners regarding a political party, race, sexual orientation, gender or political ideology.”
However, the law includes exceptions for “official historical flags” such as the Gadsden flag and the Confederate flag. It also permits flags honoring law enforcement — like the “Thin Blue Line” flag — as well as military service flags and the POW/MIA flag. Flags of tribal nations, foreign countries, and official flags of counties, cities, or localities are also allowed — a loophole Missoula is using to sidestep the ban.
The council’s vote mirrors similar actions by the city governments of Salt Lake City, Utah, and Boise, Idaho, which have also worked around statewide Pride flag bans.
Ward 1 Councilmember Jennifer Savage, who sponsored the resolution, cited her daughter — a member of the LGBTQ community — as a key reason for introducing it. She added that the city may adopt additional official flags in the future.
“When I see the pride flag, I breathe a little sigh of relief and think my kid is safe here,” she said.
During the public comment portion of the meeting, fourth-grade teacher Petrea Torma spoke about Montana’s flag ban and how she was forced to remove a Pride flag from her classroom. She argued that the ban sends an implicit message to students that some people are not welcome or accepted.
“They have seen my flag up in my classroom all year, and last Friday, they had to walk in and realize that it’s gone,” Torma said.
Gov. Greg Gianforte later issued a statement blasting the liberal-leaning city council.
“[N]ine members of the Missoula City Council made clear their top priority is flying a divisive pride flag over government buildings and schools — all while ignoring the city’s housing affordability crisis, raising taxes by 17% because of overspending, and refusing to take firm action to end encampments in the city,” the governor said in a statement. “Missoulians deserve better, and fortunately, two council members voted against imposing this divisive, far-left agenda on their community.”
State Rep. Braxton Mitchell (R–Columbia Falls), who sponsored the Pride flag ban and has previously introduced anti-LGBTQ legislation — including a drag ban currently blocked by the courts — has already threatened to amend the law in the next legislative session to explicitly prohibit cities from naming Pride flags as official flags.
“Leave it to Missoula to try and turn a city flag into a pride flag. Nothing says ‘unity’ like politicizing public property,” Mitchell told KECI in an email. “The ultra far left Missoula City Council and their mayor are completely out of touch with reality and the values of the vast majority of Montanans.
“Taxpayer owned property should represent everyone, not just the loudest political movements of the moment. The pride flag, like any other political symbol, has no place replacing a city’s identity,” Mitchell continued. “This is exactly why we resoundingly passed HB819 to stop governments from hijacking public property to push ideology…. If they want to fly that flag, they can do it at home, not on the taxpayer’s pole.”
U.S. House and Senate Democrats have reintroduced their respective versions of the Equality Act, a landmark civil rights bill prohibiting discrimination against people based on sexual orientation and gender identity.
The act, which passed the House of Representatives in previous years under Democratic-led leadership, would amend the Civil Rights Act of 1964 to enshrine protections for LGBTQ people.
But it has never been able to gain the 60 votes needed to start debate on the bill or overcome a potential filibuster in the Senate.
It stands little chance of currently passing either chamber as long as Republicans control Congress.
A federal appeals court has said that a Florida law attempting to ban drag shows from occurring in proximity to minors is not only "overbroad" and "impermissibly vague," but likely unconstitutional.
On May 13, a three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals, by a 2-1 margin, upheld a lower federal court's decision to issue a "broad injunction" blocking the state from attempting to enforce its ban on "adult live performances."
Under the law, signed by Florida Gov. Ron DeSantis in May 2023, drag performers -- or those who admit children to shows meeting the definition of "adult live performances" -- can be punished by a $1,000 fine and potentially up to a year in jail.
A Montana court has struck down that state's law banning gender-affirming care for transgender minors, finding that restricting their access to care -- and punishing the doctors who attempt to provide that care -- is unconstitutional.
Montana Fourth Judicial District Judge Jason Marks found that the 2023 law, pushed through by Montana Republicans, violates transgender minors' right to privacy, equal protection, and free speech, as guaranteed by the Montana Constitution.
A lower court had previously issued an order blocking the law from taking effect in 2023, which the Montana Supreme Court upheld last December.
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