The Colorado Republican Party is threatening to sue the Durango School District “for every last dime they have” over a proposed resolution to classify the Black Lives Matter flag and an iteration of the LGBTQ pride flag as protected government speech.

Last fall, Durango School District 9-R instated a ban on the Black Lives Matter flag and a version of the LGBTQ pride flag, which includes symbols and colors representative of transgender and intersex individuals, as well as people of color. The district said it decided to prohibit the flags after receiving a complaint from a parent.

Two weeks later, the school board unanimously voted to reverse the ban following protests from students, parents, and faculty. 

Several months later, in mid-December, the school board introduced a resolution to officially sanction the flags as “protected government speech.” 

In response to the resolution, Hope Scheppelman, the Colorado GOP’s vice chair, Darcy Schoening, the party’s director of special initiatives, each wrote letters to the district, accusing it of violating the Constitution’s Equal Protection Clause “by promoting an anti-religious fetish.”

Broadly speaking, the Equal Protection Clause requires that a governing entity treat all individuals in the same manner in similar conditions and situations.

“The Constitution also does not allow the government to protect and encourage violence, the operating principle of BLM,” the letter continued. 

‘Government-sanctioned discrimination’

According to Scheppelman, the district is violating the Equal Protection Clause by prioritizing the interests of one group over another, making some students feel “excluded or marginalized”. 

“By implementing policies that elevate one group’s preferences while disregarding the privacy, safety, and comfort of the broader student body, the district risks fostering discrimination rather than inclusion,” she told Colorado Politics. 

Scheppelman said she believes allowing the flags to be displayed in schools will create division among students and staff, rather than fostering unity. 

She also argued that any flags or symbols that promote “a specific ideology, political agenda, or group to the exclusion or detriment of others” should be prohibited from public schools.

In addition, Schoening accused the district of violating the Constitution’s Establishment Clause, which prohibits the government from establishing or favoring one religion over another, or non-religion over religion — or vice-versa.

“Most major religions forbid gay marriage, or at least forbid transgender ideology,” she wrote, calling the resolution “government-sanctioned discrimination.”

Durango 9-R School Board President Kristin Smith said the board plans to meet on Jan. 9 to discuss the lawsuit threat with legal council.

In the meantime, the district sent the following statement: “We appreciate your organization sharing your viewpoint as we work toward a solution that aligns with the Board’s commitments to our students, staff, families, and community.” 

Schoening previously served as co-chair of the El Paso County chapter of Moms for Liberty, a group that advocates for parental rights and against school curricula that includes topics like LGBTQ rights and critical race theory.

She described the Black Lives Matter flag as “a direct call for violence” that is “meant to be divisive.” She referenced the 2020 protests following the death of George Floyd, whom she called a “violent drug addict,” saying that Black Lives Matter protestors in Denver “rioted” in the streets and “destroyed” the Capitol building, causing hundreds of thousands of dollars in damage. 

“Therefore, a BLM flag in and itself is construed by many people as incitement, or a true threat, excluded from government-sanctioned speech,” she said. 

Schoening suggested using flags with images of Martin Luther King Jr. instead, saying it would “make the same statement without violent connotations”.

‘Stop with your politics’

Scheppelman and Schoening urged the school board to reject the resolution, adding that if they don’t, they’ll end up in court. 

“Stop with your politics,” Schoening wrote. “Is it worth it? To make the rainbow-haired kids stop yelling at you? You all need to get a grip on what you were hired to do, which is to strengthen the education of children and make important decisions regarding the district. This is not either of those things. Do your jobs. Stop allowing a few children to distract from the mission of schools.”

In an email sent out to Colorado Republican Party members, Schoening said the party is prepared to “professionally and personally” to sue Durango 9-R School District for “making kids live in fear,” adding that she recently spoke to the child of a police officer who said Black Lives Matter flags “make her whole body shake.” 

Scheppelman said she has made multiple attempts to hold discussions with the school board, but that the body declined.