Ohio Republicans introduce bill that would ban state agencies from flying LGBTQ+ Pride flags

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 that was included in Ohio’s state budget, on the grounds that it would prevent state agencies from flying the flags of “Ohio’s cities and counties, as well as the flags of the U.S. Marine Corps, U.S. Army, U.S. Navy, U.S. Air Force, U.S. Coast Guard and U.S. Space Force.”

In response, Republican lawmakers authored Ohio House Bill (HB) 602, which carves out an exemption for both the National League of Families’ POW/MIA flag and flags “containing the official logo of a state agency” –  partially addressing DeWine’s concern.

Neither flag ban explicitly mentions LGBTQ+ Pride flags, but instead broadly excludes flag displays other than the Ohio and U.S. flags on state property, effectively banning LGBTQ+ Pride flags in addition to flags for other cultural, religious and social groups.

The bill was introduced on Nov. 18 and assigned to the Ohio House General Government Committee the following day. 

Flag Laws and Free Speech

Pride flag displays have been an issue in communities across Ohio since at least 2022, when officials in Delaware, Ohio, suspended a public city-sponsored flag program that allowed private groups and organizations – including LGBTQ+ Pride groups – to fly flags outside City Hall.

City officials made the decision after the U.S. Supreme Court ruled  in favor of a man who had petitioned the city of Boston to fly a Christian flag for a similar public-flag program but was denied.

The court ruled that the flag did not constitute government speech, but rather individual free speech. Therefore, the City of Boston violated his First Amendment right by denying his application to fly a religious flag, the court reasoned.

While the Boston case involved a Christian flag, not an LGBTQ+ flag, both flags are non-governmental and fall under the First Amendment as personal expression. For that reason, the case could  change how cities and communities address flag policy across the country, resulting in narrower rules.

Because LGBTQ+ Pride flags and religious flags both constitute personal expression, limiting the display of one also results in the limited display of the other. In an effort to avoid controversy and legal issues, more cities could follow in Delaware’s footsteps, choosing instead to exclusively display flags with official state agency logos.

Across Ohio, school boards are also navigating flag displays. 

In Maineville, Ohio, members of the Little Miami Board of Education voted down a policy to limit the display of flags in classrooms following intense pushback from parents and students.

In 2023, Big Walnut School Board near Columbus passed a similar resolution to limit school and classroom displays, including flags, with a list of exemptions nearly identical to those included in HB 602.

The bill is co-sponsored by Rep. D.J. Swearingen (R-Huron) – sponsor of the Parents’ Bill of Rights that requires teachers and school staff to out LGBTQ+ youth to their parents – and by publicly sanctioned Republican Rep. Rodney Creech (R-West Alexandra), who was removed from his committee assignments in April and told to resign after an underage family member accused him of sexual assault. 

Creech is also the author of a provision in this year’s budget that bans menstrual products from men’s restrooms in public buildings. 

The bill’s first hearing has not yet been scheduled. 🔥

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Ignite Action

• The Buckeye Flame’s Ohio LGBTQ+ legislation guide for 2025 can be found here.
• To register to vote or to check your voter eligibility status in the state of Ohio, click here.
• To find contact information for your Ohio state representative, click here.
• To find contact information for your Ohio state senator, click here.
• If you are a young LGBTQ+ person in crisis, please contact the Trevor Project: 866-4-U-Trevor.
• If you are an transgender adult in crisis, please contact the National Trans Lifeline: 877-565-8860