By a single vote, Senate rejects flag amendment

WASHINGTON – A constitutional amendment to ban flag desecration died in a Senate cliffhanger Tuesday, a single vote short of the support needed to send it to the states for ratification and four months before voters elect a new Congress.

The 66-34 tally in favor of the amendment was one less than the two-thirds required. The House surpassed that threshold last year, 286-130. Republican Sens. Olympia Snowe and Susan Collins of Maine both voted in favor of the amendment.

“At this time when Americans are fighting and, tragically, perishing under the flag of the United States, it is long overdue that we pass a constitutional amendment to protect that very symbol of American ideals from acts of desecration,” Snowe said.

Collins noted that all 50 state legislatures have passed resolutions urging Congress to act to protect the American flag.

The proposed amendment, sponsored by Sen. Orrin Hatch, R-Utah, read: “The Congress shall have power to prohibit the physical desecration of the flag of the United States.”

It represented Congress’ response to Supreme Court rulings in 1989 and 1990 that burning and other desecrations of the flag are protected as free speech by the First Amendment to the Constitution.

Senate supporters said the flag amounts to a national monument in cloth that represents freedom and the sacrifice of American troops.

“Countless men and women have died defending that flag,” said Majority Leader Bill Frist, R-Tenn., closing two days of debate. “It is but a small humble act for us to defend it.”

Opponents said the amendment would violate the First Amendment right to free speech. And some Democrats complained that majority Republicans were exploiting people’s patriotism for political advantage in the midterm elections.