Background

The Senate recently voted on S. J. Res. 12, the Flag Burning Amendment. This was a proposed amendment to the constitution that would have given congress the power to prohibit the desecration of the flag. The vote was 66-34, one vote shy of the required two-thirds majority necessary to pass.

Flag desecration is an important and emotional issue for many Americans. The flag is one of the most visible symbols of our great history, the struggles for independence, and the values that we, as Americans, hold very dear. A symbol of this magnitude deserves our protection. Opponents of a flag desecration amendment argue that by taking away the right to use the flag during a moment of protest infringes upon the freedoms that the flag represents. However, a restriction on physically desecrating the flag would not eliminate a person�s ability to use one of the many other equally effective methods of protest.

In 1989, the Supreme Court heard the arguments in the case of Texas v. Johnson. The Supreme Court ruled in a 5-4 decision that the burning of the flag was protected as speech under the First Amendment. This decision invalidated statutes that outlawed flag desecration in 48 out of 50 states. (click for more about Texas v. Johnson)

For this reason, a constitutional amendment was necessary to protect the flag. In order to amend the constitution, the amendment would have needed to pass both the House and the Senate with a two-thirds majority. Then, it would have been presented to the states where ratification from three-fourths, or 38, of the states would have been necessary. The House of Representatives has passed a Flag Desecration Amendment six times in the last ten years. The most recent passage was in 2005 when it passed with a vote of 286-130.

I have co-sponsored and supported a flag desecration amendment in each of the last two Congresses. I am currently a co-sponsor of S. J. Res. 12, which is sponsored by Senator Orrin Hatch (R-Utah). Although the Flag desecration amendment is no longer on the agenda for this session, I will still work with my colleagues in Congress to protect this symbol of our great country.