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Photo Credit: The Creative Exchange on .

Natalie��Bravo is an��IPilogue��Writer and a 2L JD Candidate at��Osgoode��Hall Law School.��

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The colourful Pride flag is a widely recognized LGBTQ+ symbol. The rainbow flag was designed by the late , an American artist and activist (1951-2017). The design was inspired by the American flag and the history of the nation. According to Baker, The political activism of Baker’s close friend, , further inspired him to develop a visible proclamation of pride.

Today, the rainbow flag is an symbol—so much so that it is recognized by a prominent art institution, In 2015, the flag joined MoMA’s permanent design collection as a Despite the worldwide acclaim, Baker with the flag. He deliberately wanted it to be a free symbol for all, with unlimited use.

Before the Pride flag’s creation, The triangle was created in Nazi Germany to identify and stigmatize homosexuals who were seen as a during World War II. Though reclaimed by the LGBTQ+ community, the symbol was effectively an oppressive device carrying an incredibly negative and traumatic history. something to celebrate love.

in 1974. Milk was an American politician, remembered for his activism and for being . Before his in 1978, Milk led a positive civil rights-focused campaign, and challenged Baker to create a positive pride symbol of hope. Baker was by his friend . to design a symbol for

The 1970s were a markedly rebellious and productive time for gay rights activism. The of 1969 were a series of riots in response to police raids that specifically targeted gay communities. Stonewall is widely regarded as the first ever Pride event. The riots sparked a decades-long that accomplished a wide array of legal rights and acceptance for LGBTQ+ individuals worldwide.

The first Pride flags were at the in San Francisco (SF). Baker, then 27, along with about thirty volunteers fundraised and gathered thousands of . The collaborative flag-making was important to Baker, as it demonstrated a genuine connection to each other and the community. These first flags were raised in the After Milk’s death later that year, , led by . This spurred increased demand for the rainbow symbol and the start of something new.

In one of his last , Baker stated, “we needed something to express our joy, our beauty, our power. And the rainbow did that.” Initially, the flag was made up of . The colours were cut down to seven, to meet demand, and then down to six, for greater visibility from afar. For Baker, a rainbow was a of hope and each colour represented an aspect of pride.

“Original 8 color Flag: 1978” available at .

Up until his death, Baker continued his activism and utilized the flag for such purposes. In 1994, for the 25^th anniversary of the Stonewall riots, he prepared a . When he passed in 2017, he was to commemorate Stonewall’s 50th anniversary. His life’s work solidified him as an important LGBTQ+ figure.

Through the years, the Pride flag has gone through several redesigns by various individuals. Notably, in 2018, designer Daniel Quasar updated the flag in the name of diversity and inclusion to create the . Quasar added five more colours to represent racialized and transgender communities, as well as lives lost to AIDS. Redesigns like these are legally possible due to the public use nature of the Pride flag. However, unlike Baker, Quasar released their flag under a , keeping some control over their redesign. They received for this decision, as many share Baker’s sentiment that a Pride flag should be owned by all.

“Progress” Pride Flag by����is licensed under a��.

What people may not know of Baker’s famous Pride symbol is that the original flag came close to being from public use. In 1978, Baker visited LGBTQ+ focused civil rights attorney seeking trademark assistance regarding the flag. An advocacy organization tried to register the copyright of the flag as their own. The group alleged that since the flags were created at the centre, it belonged to them. Baker this with the help of Coles. He didn’t want the flag for himself, nor did he want compensation. Throughout his life, he chose never to enforce his ownership under the U.S. Baker maintained that the flag should be for public use and owned by everyone.

The rainbow Pride flag lives on as a world-famous symbol thanks to Baker’s critical IP decisions. The undeniable hues can be seen almost everywhere this June. It is difficult for me to imagine what the status of the rainbow flag as a Pride symbol would be had it been successfully restricted under U.S. law.