A request from Denver parents to display “Simple Pride” flags in classrooms has been denied

A lawsuit by Denver parents that would have forced teachers to fly a “direct pride” flag has been dismissed.

Nathan Feldman has filed a lawsuit against Denver Public Schools, alleging that he and his two children experienced discrimination and that their First Amendment rights were violated when DPS denied his request to display a heterosexual banner next to LGBTQ+ flags in classrooms. Feldman sued for the suspension of the flags and damages of at least $3 million.

Feldman’s lawsuit via Colorado Politics alleged that schools allowed “non-binary and non-cisgender students to fly flags representing their gender, but did not allow plaintiffs to fly flags representing their gender,” falsely conflating sexual orientation with gender identity.

DPS responded that individual teachers have made the decision to display LGBTQ+ flags in their classrooms and that they are not required to display them under district policy, but rather that the policy protects their rights to display the flag because it is “a symbol consistent with the Curriculum Based on equity in the district.”

“Plaintiffs argue that adopting a resolution recognizing LGBTQIA+ students or employees without providing equal recognition to those who do not identify as such constitutes an actionable distinction. This is not true,” wrote DPS lawyers.

Efforts to make “pure pride” a reality have continually failed as they have cropped up across the United States. In 2019, the Straight Pride event in Dallas attracted only three participants.

U.S. Magistrate Judge Scott T. Varholak recommended dismissal of Feldman’s case in August, writing that while he may “clearly disagree with selected DPS messages and express that disagreement in constitutional terms,” ​​Feldman “ultimately did not allege any harm beyond exposure to a flag under which they do not feel represented.”

U.S. District Court Judge Regina M. Rodriguez recently affirmed that recommendation and dismissed Feldman’s case, writing that he “provided no legal support” for his argument, “and the Court found none.”