Legislation known as the Flag Bill has passed the House and has made it to the last stop in the Senate, but it may never get a vote. The bill would list out when and which flags a school or its employees may display on campus. But Senate Speaker Randy McNally has concerns.
More: Tennessee lawmakers debate yet another measure to limit teaching about the LGBTQ community
At the start, the bill only allowed the American flag and Tennessee state flag to be displayed on school campuses. After an amendment, it now allows flags to be temporarily displayed when it connects to the course curriculum, which can include the confederate and Nazi flag.
Sen. Randy McNally says that’s when the measure took a turn towards becoming unconstitutional.
“If they had just stuck and said the American flag and the state flag are the only flags that could be flown in schools, I think that would have, probably would have, withstood the constitutional challenge,” argues McNally. “But when certain comments were made on the floor about the purpose of the bill and to exclude certain types of flags — and then a list of flags was given that were approved — I think that that makes it suspect.”
The bill’s sponsor Rep. Gino Bulso, R-Brentwood, says he brought the bill due to a concern over the display of a Pride flag.
“Certain teachers and counselors in our district were displaying a Pride flag in the classroom and on a teacher’s desk,” Bulso said. “And despite the fact that parents had objected to that display, and despite the fact that complaints had been raised with the local school board, nothing was done to help them. I agreed to help them.”
Many Democrats say the bill would make things harder on LGBTQ students who already suffer from attacks. Chris Sanders, the director of the Tennessee Equality Project, agrees.
“When a teacher has a flag on their desk in Rutherford County, Sumner County, Lawrence County, that is not just a symbol,” Sanders said. “That is an open door to a child to say you are safe to be who you are.”
During the committee process, it was pointed out that the law applies to jewelry, tattoos and even coffee mugs. But Bulso says that those restrictions no longer exist.
Many organizations have already said they would bring a lawsuit forward if the measure were to become law, which could cost the state hundreds of thousands of dollars.
Speaker McNally says that he’s reached out to the attorney general about whether he could defend the bill in court. He hasn’t received an answer but says the state’s top lawyer has some concerns about the language as well.
