Boccieri Service Flag Bill Passes House

Congressman John Boccieri (D-Ohio), a veteran of the war in Iraq and life member of AMVETS Post No. 44 in Youngstown, Ohio, today announced the House passage of legislation he introduced to prevent restrictions on the display of Service flags. H.R. 2546, the Blue Star/Gold Star Flag Act of 2009 ensures the rights of individuals to display a Service flag on residential property without limitation. H.R. 2546 has more than 50 bipartisan cosponsors, including 22 Republicans.

“The Service flag is a symbol of respect for our military members who put their lives on the line only because their country asked them to,” said Boccieri. “As a veteran, I am proud to champion this important measure for military families, giving them the right to honor their soldiers’ sacrifices, no matter where they live.”

The Service flag, sometimes referred to as either the Blue Star or Gold Star flag is an official banner authorized by the Department of Defense for display by families of members serving in the armed forces during a period of war. Each blue star on the flag represents a service member in active duty, while a gold star signifies a service member killed in action or who died in service.

Boccieri’s bill is similar to the Freedom to Display the American Flag Act of 2005 which prohibits a condominium association, cooperative association, or residential real estate management association from preventing residents from displaying the American flag on or around their homes. Boccieri’s bill extends these same privileges to the Service flags.

According to regulations established by the Secretary of Defense, organizations can fly the Service flag as long as it honors the members of that organization serving during a period of war. The Ohio House of Representatives displayed a Service flag for then-State Representative Boccieri and State Senator Steve Stivers while they deployed to Iraq and Afghanistan in 2004-2005.

AMVETS, which was a vocal supporter of the Freedom to Display the American Flag Act of 2005, also supports Boccieri's bill, allowing Blue Star and Gold Star families to display their flags without recourse from housing associations or other groups.

"It's ridiculous for these associations to attempt to prohibit proud military families--particularly Gold Star families--from demonstrating support to their loved ones and honoring their sacrifices," said AMVETS National Legislative Director Ray Kelley. "AMVETS hopes that this bill moves through the legislative process quickly, so we can protect the rights of our military families, putting an end to this petty squabble once and for all."

Now, Boccieri's bill will head to the Senate for consideration. American Veteran will follow developments closely. Check back regularly for updates.

(Video: Congressman John Boccieri delivers remarks on the House floor on why the passage of the service flag protection act is important to him. Video courtesy of the Office of Congressman John Boccieri.)

Reps. Boccieri and Hunter Introduce Resolution on Military Funerals

Last week, two Iraq veterans serving in Congress, Reps. John Boccieri (D-Ohio) and Duncan Hunter (R-Calif.), introduced a bipartisan resolution calling on the Supreme Court to preserve privacy for military families mourning their loved ones.

The resolution, House Continuing Resolution 261, would express the sense of Congress that the Supreme Court should uphold lower court decisions that military funeral proceedings should be private, peaceful ceremonies where Gold Star families are allowed to mourn with dignity.

The resolution comes as the Supreme Court prepares to hear the case of Gold Star father Albert Snyder, who sued the Kansas church that picketed the funeral of his son, Marine Lance Cpl. Matthew Snider, who was killed in Iraq in 2006.

The church, which we refuse to acknowledge on this blog, has picketed military funerals since 2005, brandishing offensive signs and screaming at mourning Gold Star families, posturing that American troops were dying in combat as a result of America's tolerance for homosexuality.

In an effort to protect grieving families, motorcycle groups like the Patriot Guard Riders and AMVETS Riders have offered escorts and cordons for funeral processions alongside local law enforcement.

After being exposed to the group's hateful message, Snyder decided to take action, suing the Kansas church for defamation, invasion of privacy and intentional infliction of emotional distress. Snyder was originally awarded more than $10 million in damages, until the decision was overturned by the Fourth U.S. Circuit Court of Appeals, which also ordered Snyder to pay associated court fees for the Kansas church.

With the case making its way to the Supreme Court, AMVETS leaders support Boccieri and Hunter's resolution, calling to preserve dignified military funerals.

"What this radical church has done is abhorrent and cannot simply be viewed in the context of preserving First Amendment rights," said AMVETS National Commander Duane J. Miskulin. "Our grieving Gold Star families deserve only the utmost respect when mourning the loss of their loved ones. AMVETS hopes that the Supreme Court will agree that picketing military funerals violates the personal rights of a grieving family."

The Boccieri/Hunter resolution, which has already garnered support from fellow veterans in Congress, Reps. Chris Carney (D-Pa.) and Tim Walz (D-Minn.), among others.

Both Hunter and Boccieri said the issue was personal in nature to them, given their experiences in the current conflicts. Hunter has served multiple combat tours, leading Marines in both Iraq and Afghanistan, and Boccieri, a life member of AMVETS Post No. 44 in Youngstown, Ohio, flew C-130 missions in Iraq.

"Service members who make the ultimate sacrifice in defense of our nation--as well as their families--deserve our unending respect and appreciation," said Hunter. "Those who attempt to discredit their sacrifice by hurling insults and engaging in other offensive behavior bring great shame to themselves. The right to free speech is one of our nation’s most fundamental and protected rights, but it’s unfortunate when certain individuals or groups think it’s appropriate, for the purpose of creating controversy, to publicly malign our fallen heroes and disrupt such an important moment for their families. It’s my hope is that the Supreme Court will move to uphold existing laws that allow these families to mourn the loss of their loved ones without disturbance."

"The right to free speech ends where the privacy of a family mourning the loss of a service member begins,” said Boccieri. “While our law doesn’t restrict hate groups from spewing their venom, it forces them to do it at a respectful distance from the grieving family. This is personal for me after flying wounded and fallen soldiers out of Baghdad."

The Supreme Court granted certiorari on the Snyder case earlier this year and it has been placed on the docket for the current session, with a decision expected to come by fall.

American Veteran will continue to follow developments closely.

(Image: Dear Colleague letter from Reps. Boccieri and Hunter, calling for support to H.CON.RES 261. Letter courtesy of the Office of Congressman John Boccieri.)

This Week at American Veteran

This week at American Veteran, we will follow hearings in both the House and Senate committees on Veterans Affairs. Wednesday, the Senate committee will hear testimony on VA's implementation of the Post-9/11 G.I. Bill and on Thursday the House committee will seek to address the VA's controversial fiduciary program. American Veteran will post video links the morning of each hearing. We will also post AMVETS leaders' thoughts on each of these critical issues.

This week, AMVETS will also play a role in hosting the annual VA Research Week Forum with the nation's other leading veterans' organizations on Thursday at VA headquarters in Washington. VA leaders and top researchers from around the country will converge on Washington for the week to discuss advancements in fields such as rehabilitation, neurology, and Gulf War research. American Veteran will follow the day's events closely.

AMVETS Deputy National Legislative Director Christina Roof will also be out in force on Capitol Hill, mustering support for a letter to VA Secretary Eric Shinseki asking for an update on the VA's assistance dog study.

This week, American Veteran will also highlight the work of two veterans in Congress, Rep. John Boccieri (D-Ohio) and Rep. Duncan Hunter (R-Calif.) who introduced a bipartisan resolution late last week, expressing the sense of Congress on military funeral protests.

Finally, the editorial staff of American Veteran magazine will begin to lay out the spring print edition of American Veteran magazine this week. Any last-minute submissions should be submitted to rgallucci@amvets.org this week. Be on the look-out for the new issue in early May.

As always, we're eager to hear from you, our readers about the blog and the magazine, so please leave us your comments.