Vote on flag desecration may be 'cliffhanger'
By Andrea Stone, USA TODAY Wed Jun 15, 7:00 AM ET
The Senate may be within one or two votes of passing a constitutional amendment to ban desecration of the U.S. flag, clearing the way for ratification by the states, a key opponent of the measure said Tuesday.
"It's scary close," said Terri Schroeder of the
American Civil Liberties Union, which opposes the amendment. "People think it's something that's never going to happen. ... The reality is we're very close to losing this battle."
Congress regularly has debated the issue since the
U.S. Supreme Court overturned a Texas flag desecration law in 1989 and its own Flag Protection Act the next year. But until now, it has failed to muster the two-thirds vote needed in both the House of Representatives and the Senate before states try to ratify the measure.
Next week, the House will vote on the amendment for a seventh time. If history is a guide, it will pass for a seventh time. That's when the spotlight switches to the Senate, where the amendment has always died.
But this time may be different. Amendment supporters say last year's election expanding the Senate Republican majority to 55 has buoyed their hopes for passage. Five freshmen senators - Richard Burr of North Carolina, Tom Coburn of Oklahoma, Jim DeMint of South Carolina, John Thune of South Dakota and David Vitter of Louisiana - voted for the amendment as House members and plan to do so again.
They will be joined by at least five Democrats who have co-sponsored the resolution, including Dianne Feinstein of California and Ben Nelson of Nebraska. Both are up for re-election next year.
Not all senators have publicly declared their support or opposition.
In 2000, when the Senate last took up the matter, 63 voted for the amendment, four short of a two-thirds majority.
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The rest of the story
I'm so glad that eliminating free speech is a pressing issue. Let's hope this fails.
U.S. Senate may pass flag desecration Constitutional amendment 
