A University of Utah lawyer last week urged faculty to comply with the state’s new prohibition on the “prominent“ display of pride flags and other flags on campus, The Salt Lake Tribune reported.
Deputy general counsel Robert Payne urged faculty in a meeting not to “be a lightning rod to the Legislature” and said state lawmakers “have a lot of power over us,” the newspaper reported. Payne also suggested that if employees tried to get around the law by hanging pride posters instead of flags, legislators might “come back with something worse,” the Tribune reported.
Utah’s Republican-controlled Legislature passed House Bill 77 last month, and Gov. Spencer J. Cox, a Republican, let it become law without signing or vetoing it. When it takes effect May 7, it will ban government entities, including public colleges and universities, from displaying flags on government property “in a prominent location.” Some flags are exempted, such as the U.S. flag and the prisoner of war/missing in action flags.
Trevor Lee, a Republican Utah House member and HB 77’s chief sponsor, told Inside Higher Ed he didn’t file the legislation specifically to ban pride flags. But “that’s just been the biggest, biggest issue of any political flag,” he said. “I mean, it’s not even close.”
Lee said the flags go beyond representing inclusivity. He said, “It’s a sex flag. It tells everyone what sexual ideology you believe in.”
The University of Utah has released guidance online saying the law generally bans pride flags, Juneteenth flags and others from prominent locations. The guidance notes exemptions, including that students and employees can “wear or carry a flag as a personal expression of free speech,” and that employees can decorate their offices with flags “so long as they are not easily visible outside of their personal space (e.g., posted in an office window).”
Payne said the university hasn’t yet decided how it will enforce the flag ban, according to the Tribune. The university’s guidance says, “Flags may also be used as decorations in connection with a brief cultural celebration hosted by the university within a university building,” but can’t be up for more than a week. It’s unclear whether pride will be considered a cultural celebration.
Less than a week after Yeshiva University agreed to recognize an LGBTQ+ student club as part of a legal settlement, university president Ari Berman apologized for the way the university conveyed the announcement and stressed that “pride” clubs still run counter to the values of the Modern Orthodox Jewish university, Jewish Telegraphic Agency reported. He emphasized that the newly approved club would function “in accordance with halacha,” or Jewish law.
“I deeply apologize to the members of our community—our students and parents, alumni and friends, faculty and Rabbis—for the way the news was rolled out,” Berman, a rabbi, wrote in an email to students Tuesday. “Instead of clarity, it sowed confusion. Even more egregiously, misleading ‘news’ articles said that Yeshiva had reversed its position, which is absolutely untrue.”
The university has been mired in a legal battle with its LGBTQ+ student group, the YU Pride Alliance, since 2021, when the group sued for official university recognition. Yeshiva said it wasn’t legally required to recognize the club because of Orthodoxy’s stance against same-sex relations. The two parties announced a settlement last week in which students will run an LGBTQ+ club called Hareni that will “operate in accordance with the approved guidelines of Yeshiva University’s senior rabbis,” according to a joint statement issued last Thursday.
LGBTQ+ students celebrated the settlement as a new milestone. But Berman framed the settlement as doubling down on an old proposal from 2022, when the university sought to create its own LGBTQ+ student club called Kol Yisrael Areivim. Plaintiffs rejected the plan at the time, on the grounds that the club wouldn’t be student-run. But Berman said Hareni was similarly created “to support students who are striving to live authentic, uncompromising” lives within the bounds of Jewish law, “as previously described.”
“The Yeshiva has always conveyed that what a Pride club represents is antithetical to the undergraduate program in which the traditional view of marriage and genders being determined at birth are transmitted,” Berman wrote in his message to students. “The Yeshiva never could and never would sanction such an undergraduate club and it is due to this that we entered litigation.”
As he sees it, “last week, the plaintiffs in the lawsuit against YU accepted to run Hareni, instead of what they were originally suing us for, moved to end the case, and the case has been dismissed.”
Dr. Donna Y. FordNow more than ever, race has become salient in politics, higher education, P-12, and the workforce, especially in this anti-DEI era. It is not uncommon for Black and other minoritized individuals to have feelings of anxiety about discussions around race, particularly for families (e.g., parents, caregivers, guardians, etc.). Having “the talk” about racism and bias has been a rite of passage for many Black children and youth in which their parents/caregivers have to discuss the intersection of race and U.S. societal issues such as how to interact with law enforcement because navigating these circumstances can easily lead to imprisonment or a life-or-death situation. Trauma is undeniable.
Keeping “the talk” at the forefront of this op-ed, it is imperative that families have the resources to properly discuss, show, and engage their children in active conversation about race relations so Black and other minoritized youth and families can respond appropriately, particularly in proactive ways. Moreover, families must continue to instill confidence and pride in racial identity. To set the tone, we are eager to share this Sesame Street video “Elijah Explains Race to His Son, Wes, and Elmo.”
Children are Ready, Caregivers (and Educators) Must Be Too
Here is an overview from Traci Baxley. Research shows that children form race-related ideas long before they can verbalize about race and racism. It may surprise readers to know that racial awareness begins in infancy. Regardless of their age, all children get clues from their experiences (inside and outside of home) to make sense of the world. Therefore, early, intentional/proactive, honest, and age-appropriate conversations are important for promoting racial identity and pride. Here is a developmental look at children’s understanding.
•Infants show a preference for the faces of people from their own racial group as early as six months. Babies gaze longer and show happy expressions more frequently with people who look like them. Start early by introducing children to people who don’t look like them, and let children see pictures of people with a variety of skin tones and facial features.
•Toddlers use social cues such as body language and facial expressions to make sense of their world. They watch the way adults respond to differences in people and mimic our attitudes and racial biases without us even realizing it. As young as three, toddlers associate some racial groups with negative traits and use these associations to develop their own understanding about the world/environment around them. As caregivers, we need to be aware of our own biases and reactions to people whose skin color is different. Using books, videos, and music that highlight and celebrate differences.
•Preschoolers become even more aware of differences such as skin color and hair texture. They are increasingly observant of how others are similar and different from them. Toddlers compare and group/categorize people by race. Note that some children also begin to show a “pro-white” bias. Thus, they may begin to include or exclude playmates on the basis of race. Furthermore, minoritized children may associate White with wealth, power, and/or beauty.
Dr. Erik M. Hines•Kindergartners and first graders are beginning to notice that race is often a taboo topic – the proverbial elephant in the room. They may continue to include and exclude peers based on race. They are more aware of disturbing news, and they often ask questions about it. This is a timely opportunity to have meaningful conversations about race and racism.
In summary, as soon as children can ask race-based questions and make comments, support their natural curiosity by answering them, even the most difficult ones. Let them know that it’s fine/not wrong to notice skin color and to talk about race. We concur with Baxley that “the idea is to make differences normal and good!” We are uncomfortable and not prepared, our children will notice, and experience discomfort. It will be difficult to promote racial understanding and pride, which is so needed for minoritized children in these turbulent times.
A Final Word
We are staunch advocates of appreciating Black culture and its legacy of innovation, education, and significant contributions to the history of the United States. Broaching race with children is imperative to ensure that they have the confidence and belief in themselves with no limitations to their talents, creativity, brilliance and genius. These conversations around race not only prepares our youth to thrive but it also normalizes how conversations on race can be proactive as opposed to reactive.
Dr. Donna Y. Ford is Distinguished Professor of Education and Human Ecology at The Ohio State University.
Dr. Erik M. Hines is Professor of Counseling in the College of Education and Human Development at George Mason University.
Dr. Tanya J. Middleton is a Clinical Assistant Professor in the Department of Educational Studies at The Ohio State University.
June is Pride Month, dedicated to celebrating the richness and history of the LGBTQIA+ community. In addition to ensuring regulatory compliance, higher ed HR has an important role to play in creating a truly inclusive campus. A fundamental part of celebrating Pride is actively learning from and listening to this community, especially as the population of LGBTQIA+ employees continues to grow.
This Pride, CUPA-HR is spotlighting the voices of transgender and nonbinary employees by offering resources to empower HR in improving culture, policies and procedures for this group. Even if significant institutional change is not something you’re in a position to initiate, individual actions can add up. In addition to learning from the below resources, you can network with your colleagues at other institutions to provide support, personally recognize national days of awareness or remembrance, and encourage allyship.
Inclusion of Transgender and Nonbinary Employees in the Workplace: A Critical Conversation (Watch Now)
In this webinar, recorded in May, Jon Humiston of Central Michigan University and Aaric Guerriero of the Froedtert Health System explore ways to celebrate and embrace transgender and nonbinary employees.
They address frequently asked questions about transgender and nonbinary issues, including what terms are commonly used within the LGBTQIA+ community and what happens if you accidentally misgender someone. They also recommend best practices for inclusion, including:
Using gender-neutral language. For example, instead of “ladies and gentleman,” Jon suggests “amazing humans,” “everyone,” or “y’all.”
Changing paperwork and job descriptions if they mention just two gender pronouns — for example, he or she — to inclusive language like “they.”
Sharing your pronouns in your email signature and Zoom profile, so others feel comfortable doing the same.
Gender-Inclusive HR Strategies: Are You on the Right Track? (Read Now)
This blog post proposes a framework for higher ed HR practitioners to address their gender inclusion strategies. A checklist of questions will help you audit your efforts on campus, covering: policies and procedures (for example, do you have a name-in-use policy or chosen-name policy that is easy to access and navigate?); programmatic support (e.g., do you have LGBTQIA+ safe-zone training available for all employees?); and visibility (e.g., does your institution have a presence at local LGBTQIA+ pride events?). Reviewing these questions will help you identify gaps in your inclusion efforts.
This Knowledge Center toolkit, while not specifically about trans and nonbinary employees, covers legal obligations under Title VII and Title IX and supplies applicable guidelines from the Equal Opportunity and Employment Commission and Office for Civil Rights. Best practices and example policies are also included — for example, on name changes in official forms.
