S.C.R. No. 24 SENATE CONCURRENT RESOLUTION 1-1 WHEREAS, The United States flag belongs to all Americans and 1-2 ought not be desecrated by any one individual, even under 1-3 principles of free expression, any more than we would allow 1-4 desecration of the Declaration of Independence, Statue of Liberty, 1-5 Lincoln Memorial, Yellowstone National Park, or any other common 1-6 inheritance which the people of this land hold dear; and 1-7 WHEREAS, The United States Supreme Court, in contravention of 1-8 this postulate, has by a narrow decision held to be a First 1-9 Amendment freedom the license to destroy in protest this cherished 1-10 symbol of our national heritage; and 1-11 WHEREAS, Whatever legal arguments may be offered to support 1-12 this contention, the incineration or other mutilation of the flag 1-13 of the United States of America is repugnant to all those who have 1-14 saluted it, paraded beneath it on the Fourth of July, been saluted 1-15 by its half-mast configuration, or raised it inspirationally in 1-16 remote corners of the globe where they have defended the ideals of 1-17 which it is representative; and 1-18 WHEREAS, The members of the Legislature of the State of 1-19 Texas, while respectful of dissenting political views, themselves 1-20 dissent forcefully from the court decision, echoing the beliefs of 1-21 all patriotic Americans that this flag is OUR flag and not a 1-22 private property subject to a private prerogative to maim or 1-23 despoil in the passion of individual protest; and 1-24 WHEREAS, As stated by Chief Justice William Rehnquist, 2-1 writing for three of the four justices who comprised the minority 2-2 in the case, "Surely one of the high purposes of a democratic 2-3 society is to legislate against conduct that is regarded as evil 2-4 and profoundly offensive to the majority of people--whether it be 2-5 murder, embezzlement, pollution, or flag burning"; and 2-6 WHEREAS, This legislature concurs with the court minority 2-7 that the Stars and Stripes is deserving of a unique sanctity, free 2-8 to wave in perpetuity over the spacious skies where our bald eagles 2-9 fly, the fruited plain above which our mountain majesties soar, and 2-10 the venerable heights to which our melting pot of peoples and their 2-11 posterity aspire; now, therefore, be it 2-12 RESOLVED, That the 74th Legislature of the State of Texas 2-13 hereby petition the Congress of the United States of America to 2-14 propose to the states an amendment to the United States 2-15 Constitution, protecting the American flag and 50 state flags from 2-16 wilful desecration and exempting such desecration from 2-17 constitutional construction as a First Amendment right; and, be it 2-18 further 2-19 RESOLVED, That official copies of this resolution be prepared 2-20 and forwarded by the Texas secretary of state to the speaker of the 2-21 house of representatives and president of the senate of the United 2-22 States Congress and to all members of the Texas delegation to that 2-23 congress, with the request that it be officially entered in the 2-24 Congressional Record as a memorial to the Congress of the United 2-25 States; and, be it further 2-26 RESOLVED, That a copy of the resolution be prepared and 2-27 forwarded also to President Bill Clinton, asking that he lend his 3-1 support to the proposal and adoption of a flag-protection 3-2 constitutional amendment; and, be it finally 3-3 RESOLVED, That official copies likewise be sent to the 3-4 presiding officers of the legislatures of the several states, 3-5 inviting them to join with Texas to secure this amendment and to 3-6 restore this nation's banners to their rightful status of treasured 3-7 reverence.