WASHINGTON — In what Democrats called an annual GOP rite of spring, the Republican-controlled House on Tuesday passed an amendment to the Constitution to criminalize flag burning for the fifth time in eight years.
The one-line change to the Constitution — "The Congress shall have power to prohibit the physical desecration of the flag of the United States" — was approved by a 300-125 vote.
It is unlikely that the GOP-controlled Senate will take up the constitutional amendment this year, said Senate Judiciary Chairman Orrin Hatch, R-Utah, one of the bill's Senate supporters. The Senate has never passed the legislation under Republican or Democratic control.
"It's always an uphill battle, but we're hoping we can get it done," Hatch said. "Maybe not this year, but at least probably next year."
In the Utah delegation, Republicans Chris Cannon and Rob Bishop voted with the majority for the constitutional amendment, and Democrat Jim Matheson opposed it.
The issue has been especially divisive among Utahns in Congress. Hatch annually leads the fight for it in the Senate, and Sen. Bob Bennett, R-Utah, is among his chief opponents — often helping to barely beat him — even though they agree on almost all other topics.
While Hatch says a constitutional amendment is the only way to overcome Supreme Court rulings that allow flag desecration, Bennett says it is unwise to tinker with the Constitution — and possibly muddy up the right of free speech. He prefers trying again to pass a simple statute to protect the flag.
Matheson said Tuesday, "I agree with Utah Sen. Bob Bennett when he says amending the Constitution is too dramatic a step. I think flag burning is despicable, but even offensive speech is part of what Americans have fought and died for." Cannon and Bishop sided with Hatch.
The House has passed the amendment with required two-thirds majorities in 1995, 1997, 1999 and 2001, but it never passed the Senate. Hatch fell four votes short there in 1995 and 2000 and would have won if all Republicans had voted with him.
The Bush administration supports the legislation, the White House said.
Burning an American flag shows disrespect for America, and the majority of the American people approve of legally protecting Old Glory, supporters said. "If we allow its defacement, we allow our country's gradual decline," said Rep. Steve Chabot, R-Ohio.
But many opponents say the legislation would limit free speech rights.
"The whole purpose of the underlying constitutional amendment is to stifle political expression that we find offensive," said Rep. Robert Scott, D-Va. "While I agree that we should respect the flag, I do not think it is appropriate to use the criminal code to enforce our views on those who disagree with us."
Lawmakers have debated the flag amendment almost annually since a 5-4 Supreme Court decision in 1989 saying flag-burning was a protected free speech right. That ruling overturned a 1968 federal statue and flag protection laws in 48 states.
Contributing: Lee Davidson, Deseret News Washington correspondent.