The Senate voted down Sen. Roger Marshall’s (R-KS) National Defense Authorization Act amendment aimed at preventing government buildings or military installations from flying any flag other than the United States flag on Thursday, falling short of the required supermajority.
Members voted 50 to 49 for the motion, which failed because it needed 60 votes to pass. The measure would have made it illegal to fly, drape, or display any flag other than the American flag on federal buildings, embassies or consulates, or other properties, with limited exceptions. The amendment included several exceptions, including flags that represent the nation of a visiting diplomat, flags representing the state of a member of Congress, the POW/MIA flag at military installations, and others.
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The amendment comes after Marshall criticized the Biden administration’s decision to fly a pride flag prominently during a pride celebration at the White House in June.
This is a disgrace.
Not only is it in breach of US Flag Code, but it’s a glaring example of this White Houses’ incompetence and insistence on putting their social agenda ahead of patriotism. pic.twitter.com/Hn2jART16m
— Dr. Roger Marshall (@RogerMarshallMD) June 11, 2023
“This is a disgrace,” the Kansas senator posted on X, the social media platform formerly known as Twitter, at the time. “Not only is it in breach of US Flag Code, but it’s a glaring example of this White House’s incompetence and insistence on putting their social agenda ahead of patriotism.”
Marshall’s office cited the U.S. Flag Code, which reads: “The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of states or localities or pennants of societies are grouped and displayed from staffs.”
An X community note was added to the post later, explaining the flag code was not being violated since the White House kept the American flag flying on the roof of the residence.
Following the event, Marshall introduced the One Flag For All Act, which is similar to the amendment that was under consideration in the NDAA.
Earlier this week, Marshall backed off threats to hold up the defense bill in an effort to force a vote on a bill that would reform credit card fees that he sponsored with Senate Majority Whip Dick Durbin (D-IL). Marshall and Durbin received reassurances from Senate leadership that the legislation would come to the floor for a vote by the end of the year, according to sources close to the negotiations.
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Members have spent the last week debating the NDAA, which sets Pentagon policy and authorizes $886 billion in defense spending for fiscal 2024. The Senate is racing to push the must-pass bill through the chamber before the August recess, which unofficially begins when business concludes on Thursday evening.
