Colorado Politics

Colorado attorney general warns that setting Pride flags ablaze can be a crime in some circumstances

It can be a crime to burn a Pride flag, depending on the circumstances, Colorado Attorney General Phil Weiser said on Wednesday after the state Republican Party issued a call to do just that in a series of anti-LGBTQ messages.

The Colorado GOP drew criticism and condemnation this week when its chairman, Republican congressional candidate Dave Williams, distributed an email to supporters with the subject line “God Hates Pride.” The email featured a prominent graphic reading “God Hates Flags” to mark the start of Pride Month, an annual celebration of the LGBTQ community.

Several Republican candidates denounced the state GOP’s message, including Valdamar Archuleta, the president of the Log Cabin Republicans of Colorado and the presumptive GOP nominee in the heavily Democratic 1st Congressional District.

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Saying the email “went too far and was just hateful,” Archuleta on Tuesday said he was rejecting the state party’s official endorsement, though he added he still plans to support the Republican ticket.

In response to critics, the Colorado Republican Party posted on X: “Burn all the #pride flags this June.”

State residents might want to think twice before taking that instruction literally, Weiser, a Democrat and Colorado’s top law enforcement officer, told Colorado Politics.

“Colorado is at our best when we honor our nation’s credo of e pluribus unum, out of many, we are one,” Weiser said in an emailed statement. “Any attack on a member of the LGBTQ community is disgusting. If such actions, including burning Pride flags, take the form of vandalizing property, harassing individuals, or causing physical harm to others, they can even be a crime.”

He added: “By taking part in the Hate Free Colorado coalition, our department is focused on fighting such crimes and supporting victims.”

Williams questioned Weiser’s interpretation of the law in a series of text messages to Colorado Politics late Wednesday.

“Free speech a crime? So the AG thinks it’s okay to burn an American flag but pride flags are off limits?” Williams said.

“The tweet was meant to be a written or verbal act of defiance, but we wouldn’t let the AG’s unconstitutional opinion deter our Free Speech right to do it if we wanted to.”

Williams denied that the party was “advocating damaging someone’s property,” adding: “We would only advocate for people to legally and peacefully exercise their Free Speech rights.”

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