BOISE — A bill that would ban certain flags from being flown on government property has passed the Idaho Senate and heads to the governor for signature.
On Wednesday, the Senate voted 20-11 in-favor of HB 96, which would limit the flags government buildings could display to the U.S. flag, state flags, Indigenous tribal flags, military branches and the POW-MIA flag. Recent amendments to the bill permit official flags of countries other than the United States to be flown for “special occasions” and official flags of Idaho colleges, universities, and public schools.
The bill does not include any penalties for failure to comply, and charges the Division of Veteran Services with directing proper protocol for flag displays.
Bill sponsor Sen. Ben Toews, R-Coeur d’Alene, said the bill was intended to unite people under flags that “broadly represent” communities.
“The ultimate goal is for us to fly flags that unite and don’t divide,” Toews said. “It also eliminates the potential liability from the reality of viewpoint discrimination.”
Questions from Senators were overwhelmingly concerned with bill details and clarity, if not in outright opposition to the legislation.
Sen. Jim Woodward, R-Sagle, prefaced a question with a personal anecdote on his experience living in a community close to the Canadian border.
“As long as I can remember, the city of Bonners Ferry has flown three flags … the U.S. flag at the highest level, the State of Idaho flag and the Canadian flag to welcome those visitors from across the border,” Woodward said. “Would the city of Bonners Ferry be able to continue flying the Canadian flag?”
Toews responded hesitantly, saying he didn’t know whether the example fit in the bill’s exceptions.
“It’s hard to say if that’s a special occasion,” Toews said. “It does allow for official flags of countries other than the United States, so it’s a little bit of a gray area to be honest.”
Sen. Dave Lent, R-Idaho Falls, said he was concerned about the bill’s lack of clarity and interpretation on what flags would or would not be allowed.
“I just want to express my concern that in the efforts of the bill sponsor, we’re getting interpretations on the floor, and I wonder what that leaves our citizens with,” Lent said. “There are flags that hang in my community, I don’t know what they are, but I’m not judging them right or wrong. I’m just concerned about the lack of detail in what this means.”
Senate Minority Leader Melissa Wintrow, D-Boise, underscored the bill’s targeting of LGBTQ symbols, addressing printed photos distributed to senators by Toews of Pride flags displayed at Boise City Hall and in Boise's North End neighborhood on Harrison Boulevard.
Toews responded that he didn’t see the bill as discriminatory toward any particular flag.
“I don’t think it’s choosing one over the other, it just says that this is what our government entities are going to fly as far as flags,” Toews said.
Wintrow asked if her neighborhood — which is in a city historic district — would be allowed to fly Pride flags under the proposed bill.
“The rainbow flags that they’re holding in this photo; will this bill not allow those to be hung in my neighborhood?” Wintrow asked.
Toews responded that he felt like the question was repetitive.
“I guess I don’t understand the difference between that [question] and the previous one,” Toews said. “It’s not choosing one over the other, it’s simply saying that we’re going to unite under flags that are broadly representative of our community.”
The Pride flags on Harrison Boulevard are flown in June by the North End Neighborhood Association, which is a non-governmental entity. The flags are also donated from a private group, BoiseDev previously reported.
Wintrow went on to debate emphatically against the bill, referring to the volume of bills seen this session related to the LGBTQ community.
“I think this is one more bill that targets the LGBT community as trying to erase and silence them,” Wintrow argued. “I think it’s 25 bills we’re up to this session that attacks the LGBTQ community. Regardless of how many bills you throw, you will not erase them, they will still exist. All you’re doing is making it harder for us to survive.”
There are at least 15 anti-LGBTQ bills being tracked by the ACLU from Idaho’s current legislative session. Wintrow told the Idaho Press that she also included bills no longer being considered and different amendments in her count.
Wintrow spoke in an interview with the Idaho Press about the photos handed out by Toews, calling out what she called a cowardly attack on LGBTQ people.
“To put that on the desk is proof positive the issue here is rainbow flags,” Wintrow said. “It is absolutely targeting and focusing on gay people, and he tried to dance around that.”
Wintrow commended Sen. Kevin Cook. R-Idaho Falls, for changing his vote to “nay.”
“That almost brought me to tears. … How I read that was people saw the emotion and how that struck my community,” Wintrow said. “It felt to me like a vote of support, not just for me but the community. I don’t know if that’s what was in people’s hearts, but it meant a lot to me to see those people stand their ground to a bully tactic.”
The bill now heads to Gov. Brad Little's desk, where it may be vetoed, signed into law or go into law without signature.
