U.S. Court Rules That Rebel Flag Display Is Legal

MONTGOMERY, Ala. — A federal appeals court has refused to get involved in a dispute over the Confederate battle flag that flies atop the Alabama Capitol.

The U.S. 11th Circuit Court of Appeals, in a ruling made public Thursday, said the flying of the Rebel banner on public buildings, which many people find offensive, does not violate the Constitution, as alleged by the NAACP and 14 black state lawmakers.

The Atlanta-based appeals court upheld a district court decision in favor of the state, rejecting claims that the flag display violates the 1st, 13th and 14th amendments.

The National Assn. for the Advancement of Colored People, along with the 14 legislators, sued the state to remove the Confederate flag, which flies atop the Capitol dome with the American and state flags.

One of the legislators, Rep. Alvin Holmes, said no decision had been made on an appeal, but he added that he hopes the case is taken to the U.S. Supreme Court.

“The issue of the Confederate flag is not going to go away,” Holmes said. “We are going to continue our efforts to remove it because it represents slavery and oppression toward black people. It’s hurting the image of the state and hurting industry coming into the state.”

The appeals court suggested that those who oppose the display go through the Legislature to get it taken down.