azleg
Arizona Moves to Ban LGBTQ Pride Flags at Government Buildings Amid Free Speech Concerns

A proposed Republican bill aimed at restricting the display of LGBTQ pride flags on government property advanced on Wednesday, raising concerns about its implications for free speech. Titled House Bill 2113, the legislation seeks to limit the flags that can be flown to the United States flag, POW and MIA flags, the Arizona flag, Arizona Indian Nations flag, first responder flags, historic American flags, and certain service flags.
Rep. Nick Kupper, R-Phoenix, explained the bill’s intent during a session of the House Government Committee on January 22. He stated, “When I was on duty in uniform, I represented the military… This just brings it to the same level with us in the state government.” Kupper insisted that the measure is not about suppressing individual expression but rather relates to government speech.
Despite Kupper’s assertion, the bill would directly prohibit the display of LGBTQ pride flags, which has drawn ire from Republicans in recent years. The controversy escalated when Gov. Katie Hobbs, during her tenure as secretary of state, displayed a pride flag from the Capitol building, leading to its prompt removal after Republican opposition. After becoming governor, Hobbs reinstated the pride flag at the Executive Tower, which marked a historic first.
Kupper has maintained that the legislation is not specifically targeting Hobbs’ actions. However, Democrats argue that the bill’s true intention is to diminish government acknowledgment of LGBTQ identities. Rep. Oscar De Los Santos, D-Phoenix, co-chair of the Arizona LGBTQ Caucus, called the bill a “sad waste of time,” emphasizing that issues like rising housing and healthcare costs are far more pressing than concerns over pride flags.
Although Kupper did not directly link the bill to specific groups in his testimony, he referenced a post from the anti-LGBTQ account Libs of TikTok, which advocated for a “one flag policy” in schools. He subsequently clarified on social media that his bill would restrict schools to displaying only officially sanctioned flags.
However, the proposed legislation does not exclusively target pride flags. During the hearing, Kupper mentioned the recent controversy involving U.S. Supreme Court Justice Samuel Alito, who displayed a flag associated with Christian nationalists outside his residence. Kupper argues that his bill would prevent similar flags from appearing on governmental properties.
Opponents of the bill raised significant concerns regarding its potential effects on the First Amendment rights of public employees and officials. Marilyn Rodriguez, a lobbyist for the ACLU of Arizona, warned that the bill’s vague language could inhibit all government employees from displaying any flags outside the approved list, even in personal contexts. “Public employees do not lose their First Amendment rights upon employment or election,” Rodriguez stated, suggesting it could even restrict a teacher’s ability to display a Mexican flag in their classroom.
The committee amended the bill to include county flags among the approved displays, although city flags would still not be permitted. Ultimately, the bill passed out of committee along party lines, with Republicans in favor and Democrats opposed. It is now set to be considered by the full House of Representatives.