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Nathan Feldman filed the suit, claiming his two children were discriminated against when Denver Public Schools rejected his demand to add the "straight pride" flag next to LGBTQ+ banners in classrooms.
A Denver parent's lawsuit that would have forced educators to display the "straight pride" flag has been thrown out.
Nathan Feldman filed the suit against Denver Public Schools, claiming he and his two children were discriminated against and that their First Amendment rights were infringed upon when DPS rejected his demand to add the heterosexual banner next to LGBTQ+ flags in classrooms. Feldman sued for the flags to be instated, and for damages of at least $3 million.
Feldman's lawsuit claimed, via Colorado Politics, that schools were allowing "nonbinary and non-cisgender students to have flags displayed that represent their genders but not allowing Plaintiffs to have flags displayed that represent their genders," incorrectly conflating sexual orientation with gender identity.
DPS responded that individual teachers made the decision to display LGBTQ+ flags in their classrooms, and that they are not required to display them by district policy but rather that the policy protects their rights to display the flag, as it is a "symbol consistent with the District’s equity-based curriculum."
"Plaintiffs assert that passing a resolution recognizing LGBTQIA+ students or staff without providing equal recognition to those who don’t so identify is an actionable distinction. Not so," DPS' attorneys wrote.
Efforts to make "straight pride" happen have continuously failed as they've popped up across the United States. In 2019, a "straight pride" event in Dallas infamously only attracted three attendees.
U.S. Magistrate Judge Scott T. Varholak recommended that Feldman's case be dismissed in August, writing that while he may "plainly disagree with DPS’s selected messaging, and phrase this disagreement in constitutional terms," Feldman had "ultimately fail to allege any injury except exposure to a flag that they do not feel represented by."
U.S. District Court Judge Regina M. Rodriguez recently affirmed the recommendation and dismissed Feldman's case, writing that he gave "no legal support" for his argument, "and the Court finds none."
