HELENA — A new Montana law limits what flags can be flown on government property or at public schools.
House Bill 819, sponsored by Rep. Braxton Mitchell, R-Columbia Falls, restricts any flags that “represent a political party, race, sexual orientation, gender or political ideology.”
The law effectively bans Pride flags and other LGBTQ flags from being flown at schools or government buildings. In 2019, Gov. Steve Bullock, D-Montana, flew a Pride flag over the state Capitol, which drew criticism from Republicans.
Language in the bill does allow flags like the Gadsden flag and other “official historical flags” to be flown. It also allows flags for law enforcement officers and fallen officers, like the “Thin Blue Line” flag, which Gov. Gianforte, R-Montana, flew above the Montana Capitol on Thursday, May 15, 2025.
When HB 819 was debated on the floor of the Montana House of Representatives, Mitchell said the bill was intended to ensure government entities remain a place of neutrality and was not to impact an individual's free speech.
“Government buildings, schools and public facilities serve all citizens and should not be used to promote political, ideological or activist messaging,” said Mitchell during the March 6 floor debate.
Critics of HB 819 say the bill targets free speech by allowing provisions for specific flags like the Gadsden “Don’t Tread on Me” flag to be flown, while others were prohibited. Rep. Pete Elverum, D-Helena, said under the language, a Confederate flag could be flown.
“What we’re doing here is we’re expressly prescribing what speech is allowed, ‘these flags’, and what speech is not allowed, ‘these other flags’,” said Rep. Pete Elverum, D-Helena, on March 6. “And as for the definition of ‘promoting a certain ideology,’ those [flags] are expressly prohibited, but at the exact same time we're sitting here with a bill proclaiming to be about free speech, we’re expressly prohibiting some and promoting others.”
Flags of tribal nations, foreign countries, military service branches, the POW/MIA flag and official school or government entities' flags are also permitted under the law.
HB 819 went into effect immediately after Governor Greg Gianforte signed it.
This year, both Utah and Idaho have passed similar laws restricting or banning Pride flags on government property or at schools.
