The Wisconsin State Assembly convened Sept. 11, passing a bill that prohibits non-state or non-U.S. flags from flying on the exterior of government buildings or government flagpoles with a 50-44 vote.
Flags representing sexual orientation, gender identity or political affiliation are explicitly prohibited under the bill text, Assembly Bill 58.
“Flags flown on state buildings should not be used to push any ideological agenda,” a College Republicans of the University of Wisconsin said in an email. “This is a common-sense bill that everyone should support.”
The author of AB58 Rep. Jerry O’Connor, R-Fond Du Lac, said he hopes to lead the charge in Wisconsin to achieve unity and dissolve political and ideological division with this legislation, according to the Wisconsin Public Radio.
O’Connor did not respond to a request for comment.
AB58 includes 10 exceptions to the prohibition — including flags that recognize a police unit and prisoner of war flags. Most exceptions are for ceremonial purposes, according to the bill.
College Democrats of UW communications director Maddie Lunt said the topic of what flags fly from state buildings has not been a pressing issue in students’ minds on the UW campus, as opposed to other issues such as the cost of living crisis and rising tuition.
“It’s a very broad bill that’s written in a way that gives politicians the kind of power to decide what causes are too political to be acknowledged,” Lunt said. “That kind of censorship can open the door to silence a wide range of communities.”
AB58 is out of step with public values, Lunt said. Constituents in Wisconsin and nationwide want to see their government support and include their citizens, she said.
This bill is unlikely to receive support from Wisconsinites — particularly younger generations and UW system students, Lunt said.
Rep. Christine Sinicki, D-Milwaukee, said she feels that it is unlikely Gov. Tony Evers will sign this bill into law because it does not align with his previous policies.
“This bill was in direct response to the Pride Flag being flown over the state capitol,” Sinicki said. “Gov. Evers was the very first governor to do it, and that’s what this is in response to.”
Additionally, in 2022, Evers raised the Progress Pride Flag in lieu of the traditional rainbow flag, according to Evers’ press release. Progress Pride Flags incorporate a chevron triangle on the lefthand side to represent the transgender community, as well as LGBTQ+ people of color and those with HIV/AIDS, according to the press release.
O’Connor directly called out the transgender representation on the Progress Pride flag specifically to say it should not be flown from the capitol, calling it the “triangle flag” while speaking on the floor, Sinicki said.
Historically, the gay community was the target of scapegoating for different failings within the Democratic Party by Republicans prior to the legalization of same-sex marriage, Sinicki said.
“It’s like they backed down from [the same sex marriage] fight, now they need another fight,” Sinicki said. “Now, [Republicans’] target is the trans community, and they know that is a very divisive issue.”
Across the nation, the foundation of the Republican party is becoming more and more based upon culture war politics rather than tangible policy, according to Lunt.
Republicans, who control the Wisconsin state legislature at this time, are introducing bills like AB58 to score political points and avoid accountability for not addressing the needs of Wisconsinites, according to Lunt.
“This bill isn’t just about flags, it’s about erasing visibility, silencing communities and restricting free expression on whole campuses,” Lunt said. “UW-Madison College Democrats are staunchly against [this.]”
Though this bill only applies to the exteriors and flagpoles of Wisconsin state buildings, Sinicki and Lunt both acknowledged that this bill could open the door to legislation banning pride flags in public school classrooms.
Even if the bill remains stagnant in the legislature, school administrators could reference AB58 as a reason to discourage displaying pride flags in classrooms or hosting student-run LGBTQ+-related events moving forward, Lunt said.
“This kind of sets a really scary legal precedent for broader censorship,” Lunt said. “It’s very demoralizing and dangerous for LGBTQ+ students.”
AB58 is currently at the top of American Civil Liberties Union’s tracker of legislative attacks against LGBTQ+ individuals in Wisconsin.
In a Sept. 18 press release, O’Connor said AB58 is a nonpartisan bill due to its expressed prohibition of flags representing political ideology. The title of nonpartisan bill typically implies that its contents aren’t directly affiliated with a specific group or party. Though, no Democratic assembly members voted in favor of this bill.
“This bill is very harmful because it is going to target LGBTQ+ Wisconsinites by chipping visibility and denying public institutions the ability to express support [for their constituents,]” Lunt said.
