If Ol' Blue Eyes was worthy, why not Whitney?

New Jersey Governor Chris Christie  ordered New Jersey’s flags flown at half-staff in official mourning for Whitney Houston, and a lot of people are outraged. The critics of the honor fall into two categories: those who believe that the honor should be reserved for military heroes and high government officials, and those who believe that Houston is especially unworthy because of her well-documented substance abuse problems.

For his part, Governor Christie defiantly declares that Houston, as a daughter of New Jersey, deserves the state honor because of her contributions to the culture.

Technically and officially, Christie is out of line. Federal law is very specific about the proper treatment of the flag, including when it can be flown at half-staff. Simply put, celebrities don’t qualify, no matter who they are. A state governor can proclaim that the flag be flown at half-staff in his or her state for fallen soldiers, but not for non-military individuals. But governors ignore the law routinely, and have for decades. Tennessee’s governor lowered the flag when Elvis died. Massachusetts did the same for Red Sox great Ted Williams, though he was also a war hero, so no one was going to object. The law, in terms of custom and enforcement, is a dead letter, and probably should be.

True, some governors have abused the spirit of the law, including Christie, when he lowered the flag for Clarence Clemons, the saxophonist for Bruce Springsteen’s E Street Band—a great musician, but hardly a figure of transcendent national significance. If 4 USC Section 7 isn’t going to be followed or enforced, then we need some new standards, or before we know it they’ll be lowering the flag for Joan Rivers. Continue reading →