Idaho Senate Passes Bill Fining Government Entities for Unapproved Flags

ACLU of Idaho urges governor to veto legislation seen as targeting LGBTQ+ pride flags

Mar. 26, 2026 at 8:36pm

Got story updates? Submit your updates here. ›

The Idaho Senate has passed a bill that would impose a $2,000 daily fine on government entities for flying flags not approved by the state legislature. The legislation is widely viewed as targeting the display of LGBTQ+ pride flags on public property. The ACLU of Idaho has raised concerns that the bill infringes on First Amendment rights and is urging the governor to veto the measure.

Why it matters

This bill is part of a broader national debate over the display of LGBTQ+ symbols on government property. Supporters argue the measure is about legislative control over official government flags, while critics say it is an attempt to censor LGBTQ+ expression. The outcome could set an important precedent for how states regulate the display of flags and other symbols on public land.

The details

House Bill 561 would create a limited list of approved flags, primarily including U.S., state, and certain local government flags, as well as military and tribal flags. Only city or county flags adopted before 2023 would be allowed. The legislation is seen as a response to the Boise City Council's previous designation of the pride flag and organ donor flag as official city flags.

  • The Idaho Senate passed the bill on a 26-8 vote on March 25, 2026.
  • The bill must now return to the Idaho House for approval of Senate amendments before heading to Gov. Brad Little.

The players

ACLU of Idaho

The American Civil Liberties Union affiliate in Idaho that has raised concerns about the bill and is urging the governor to veto it.

Rep. Ted Hill

The sponsor of House Bill 561, who has said the measure is intended to address actions by the Boise City Council.

Gov. Brad Little

The governor of Idaho who will decide whether to sign or veto the bill if it reaches his desk.

Got photos? Submit your photos here. ›

What they’re saying

“Banning certain flags is a dangerous step toward controlling how people think and speak in public places.”

— ACLU of Idaho

“Displaying the pride flag communicates safety, value and acceptance for LGBTQ+ individuals.”

— ACLU of Idaho

What’s next

The bill must return to the Idaho House for approval of Senate amendments before heading to Gov. Brad Little, who will decide whether to sign or veto the legislation.

The takeaway

This bill highlights the ongoing debate over the display of LGBTQ+ symbols on government property and the balance between legislative control and First Amendment rights. The governor's decision on whether to sign or veto the measure could have significant implications for LGBTQ+ expression in Idaho.