Flying at Half-Staff

Today, the Nation and the City by the Bay will honor and remember one of my home state’s greatest leaders, The Honorable Dianne Feinstein. Having grown up in the Bay Area, I was just a child when she assumed the mayorship of San Francisco following the assassinations of Mayor George Moscone and Supervisor Harvey Milk. Throughout her life, Senator Feinstein served as a role model for many regarding the nobility of public service, and for that I am personally grateful.

As a mark of respect for her memory, President Biden has ordered the Flag of the United States to be

flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, on the day of interment. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations.

His authority to do this comes from the authority vested in him under the Constitution and laws of the United States to make such a proclamation.

But where did the traditions and protocol surrounding this act of honor and remembrance come from?

While there is no exact recorded moment in history of when flying a flag at “half-staff” began, it is believed that the tradition started in the 17th century with some claims that it was originally done to make room for the invisible “flag of death” flying above. It has come to be known as the ultimate mark of respect that a nation, state, or organization can offer at the passing of an individual.

While many will interchange the terms “half-staff” and “half-mast,” the later term, under U.S. law and in post-WWI military tradition, is reserved solely for flags aboard the ships of the U.S. Navy and U.S. Coast Guard when flown from the mast of the ship.

When the President issues such a proclamation, under U.S. Code for flying the Flag, no other flag of a state, city, locality, or societal pennant is to be placed above or higher than the Flag of the United States, so all other flags must also fly at half-staff when the U.S. Flag has been ordered to half-staff. Governors and local officials may issue similar orders at the death of a someone, but only within their jurisdiction as set by state or local law. Sometimes, the state flag alone will be lowered alone, while the U.S. Flag remains at full-staff. Again, while protocol dictates this can happen, the reverse cannot as no flag shall fly higher than that of the American Flag.

While protocol and codified law in the U.S. Code dictate compliance, no penalty exists for failure to comply with the federal law thanks to the First Amendment to the Constitution of the United States.

When the U.S. Flag is to be flown at half-staff, it must first be raised crisply to the top or finial of the pole as it would on any day, then remain there for a brief moment, and then be solemnly lowered to the half-staff position. At the end of the day, the reverse is followed, solemnly raised to the finial, and slowly lowered to the ground.

In addition to memorial tributes as is the case today in honor of Senator Feinstein, U.S. Code dictates when the Flag is to be flown at half-staff and for how long:

• For thirty days (or a month) after the death of a current or former President, or President-elect

• For ten days after the death of a current Vice President, Vice President-elect, current or retired Chief Justice, or current Speaker of the House of Representatives.

• From the day of death until interment of an Associate Justice of the Supreme Court, Cabinet Secretaries, former Vice President, Speaker of the House, President Pro Tempore of the Senate, and Governor of a state, territory, or possession.

• Two days following the death of a Senator or Member of Congress

• On specific days of honor: Memorial Day until 12noon; Patriot Day, September 11; Peace Officers Day (unless it is also Armed Forces Day); Pearl Harbor Remembrance Day, December 7 (by Presidential Proclamation)

• By Presidential Proclamation, as we currently see for Senator Feinstein, under which President Biden extended it to sunset today, the day of her funeral.

The most recent changes to U.S. Code regarding flying the Flag at half-staff occurred after the 9/11 terrorist attacks, when in October 2001, President George W. Bush signed a new law memorializing fallen firefighters in coordination with the annual National Fallen Firefighters Memorial Service which is held the first Sunday in October in Emmitsburg, Maryland. The second change came on June 29, 2007 and requires that all federal facilities within a designated region adhere to any proclamation issued in honor of a servicemember who dies on active duty. This sadly was done in an effort by a grateful nation to honor the soldiers, sailors, airmen and marines killed in combat following 9/11.

As we turn our thoughts to the honors and tributes that will be rendered for Senator Feinstein today, think of her tonight as you watch the setting sun. Having been laid to rest, America will conclude our sacred act of remembrance to a truly trailblazing public servant by again raising our Colors to the top of the flagpole and then slowly and reverently lowering it to the ground. Tomorrow, with the rising of the Sun over our Nation, Americans will again find our Star-Spangled Banner at its customary place atop the flag pole waiving proudly over the land of the free and the home of the brave.

Rest well, good and faithful servant.