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.