Following the death of former President Jimmy Carter, President Joe Biden issued an order to fly American flags at half-staff for 30 days. But those 30 days include Inauguration Day, when President-elect Donald Trump officially takes office.
Some state governors, including Texas Gov. Greg Abbott and Alabama Gov. Kate Ivey, have announced their states will fly flags at full-staff on Inauguration Day, citing a federal statute as their reasoning. Some widely shared posts on social media say the governors are “defying U.S. policy.”
THE QUESTION
Are states required to follow White House order to fly flags at half-staff in memory of former President Jimmy Carter?
THE SOURCES
- President Biden’s Proclamation Announcing the Death of James Earl Carter Jr.
- The Office of Alabama Governor Kay Ivey
- Office of the Texas Governor Greg Abbott
- U.S. flag code
THE ANSWER
No, states are not required to follow White House order to fly flags at half-staff in memory of former President Jimmy Carter.
WHAT WE FOUND
President Joe Biden’s order to fly American flags at half-staff for 30 days in honor of late President Jimmy Carter applies only to flags on federal property, such as the White House and at national parks. While state governments typically follow such orders, they are not legally obligated to.
The text of Biden’s executive order says it’s for flags “at the White House and on all public buildings and grounds … of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions.”
Executive orders generally apply to the federal government, and there isn’t a federal law requiring states to follow any particular flag protocol when it comes to honoring late presidents.
At least two governors have said that flags on their states’ properties will fly at full-staff on Inauguration Day: Alabama Gov. Kay Ivey and Texas Gov. Greg Abbott. Both governors cite a federal statute commonly called the U.S. flag code as their reasoning for why they’ll fly their flags at full-staff on Inauguration Day.
The flag code says the U.S. flag should be displayed on all days, “especially on” various holidays and Inauguration Day. It doesn’t say whether flags must be displayed at full-staff on those days.
The flag code also dictates the U.S. flag should be displayed at half-staff on federal grounds for 30 days from the death of a president or former president. Biden’s executive order uses the exact text from this part of the flag code.
The flag code doesn’t outline any repercussions for federal officials who don’t follow this requirement.
Earlier in January, President-elect Donald Trump complained on Truth Social about the executive order requiring flags be flown at half-staff during his inauguration. Both Ivey and Abbott are Republicans.
Ivey said Alabama’s flags will return to half staff on Jan. 21, 2025, the day after Inauguration Day.