Parent’s attempt to force school to fly ‘straight Pride’ flags fails miserably – as it should

A group of school students raising their hands.

A parent who sued a Denver public school (DPS) after it refused to fly “straight Pride flags” has had his case dismissed.

On Thursday (26 September), a federal judge threw out the lawsuit from Nathan Feldman who alleged discrimination and violation of the First Amendment. 

Feldman’s suit, filed on his own behalf and that of his two children, claimed that non-binary and non-cisgender students had flags displayed that represented their genders but straight pupils did not, and was thus discriminatory. 

In August, US magistrate judge Scott T Varholak recommended that the claims be dismissed, saying: “[The] plaintiffs plainly disagree with DPS’s selected messaging, and phrase this disagreement in constitutional terms, but ultimately fail to allege any injury except exposure to a flag that they do not feel represented by.”

A proposed design for a straight flag replaces the colours of the rainbow with black and white stripes. (Wikipedia/Creative Commons)

Feldman had asked for damages of at least $3 million (£2.3 million) and an order to allow him to display the straight Pride flag. 

Opposing the lawsuit, DPS highlighted that Feldman’s allegations were contradictory because he simultaneously noted that “each” classroom at Slavens School had a Pride flag and that “not all teachers displayed these flags.”

Stock image of an LGBTQ+ Pride flag to illustrate story about Utah bill
A Denver school flew Pride flag. (Getty Images)

US district court judge Regina M Rodriguez recently affirmed Varholak’s recommendation, saying: “[The] plaintiffs offer no legal support for their argument, and the court finds none.” 

In the UK in May, religious organisation Christian Concern launched a petition to stop what they described as “ugly” and “divisive” LGBTQ+ flags from going on display in London’s Regent Street for Pride month.

Despite their bid, the flags adorned streets in June.

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