Press Release

Congressman McHenry Votes for Constitutional Amendment to Protect American Flag

U.S. House passes amendment to the Constitution to ban flag desecration – awaiting Senate action.

Today, the House passed H.J. Res. 10, The Flag Protection Amendment, which proposes an amendment to the Constitution that would authorize the Congress to prohibit the physical desecration of the flag of the United States. Congressman Patrick McHenry (R-NC-10) voted with a strong majority in the House to pass the amendment by a 286-130 margin.
Today, the House passed H.J. Res. 10, The Flag Protection Amendment, which proposes an amendment to the Constitution that would authorize the Congress to prohibit the physical desecration of the flag of the United States. Congressman Patrick McHenry (R-NC-10) voted with a strong majority in the House to pass the amendment by a 286-130 margin.

Since 1994, 119 incidents involving flag desecration have been reported in the states, the District of Columbia, and Puerto Rico. In 1989, laws on the books of the federal government and 48 states (every state except Alaska and Wyoming) outlawed the physical desecration of the American flag.

“The American flag is an enduring symbol of liberty, democracy, and justice,” said Congressman McHenry. “I am proud to help protect it as we approach Independence Day and as our soldiers rally behind it in the War on Terror.”

The U.S. Supreme Court ruled in 1989 in Texas v. Johnson that state laws prohibiting flag desecration were unconstitutional. Congress then passed a law outlawing the practice, which was also quickly struck down by the Court. Since then, Congress has repeatedly attempted to ban the practice with a Constitutional Amendment.

To be enacted into law, the resolution will also have to be adopted by a two-thirds majority in the Senate, and then ratified by three-fourths of America’s state legislatures.

“The flag honors those who have protected it for the last 225 years,” he continued, “and as the greatest symbol of America history of liberty and democracy the Stars and Stripes represents the very best we have to offer.”