Can the Texas flag fly higher than the American flag?

Answer 1

According to USFlag.org, any state flag can be flown at the same height as long as the U.S. flag is on the right. There does not exist anywhere in U.S. or Texas flag code -- nor is there any law -- that states Texas has any special privileges for its flag (that's an urban legend).

"When flown with flags of states, communities, or societies on separate flag poles which are of the same height and in a straight line, the flag of the United States is always placed in the position of honor, to its own right.

...The other flags may be smaller but none may be larger.

...No other flag ever should be placed above it.

...The flag of the United States is always the first flag raised and the last to be lowered."

The Snopes site below has more information as well:

http://www.snopes.com/history/american/texasflag.asp

Answer 2

It is a common urban legend that the Texas flag is the only state flag that is allowed to fly at the same height as the U.S. flag. Allegedly, Texas has this right inherently (as a former independent nation) or because it negotiated special provisions when it joined the Union (this version has been stated as fact on a PBS website). However, the legend is false. Neither the Joint Resolution for Annexing Texas to the United States nor the Ordinance of Annexation contain any provisions regarding flags. According to the United States Flag Code, any state flag can be flown at the same height as the U.S. flag if the U.S. flag is in a position of "superior prominence or honor" (e.g. to the flag's own right, that is, the viewer's left). No flag is to be flown "in a position of equal or superior honor or prominence than" the U.S. flag. The only exceptions to this allowed are:

1. the church pennant may be flown above the U.S. flag during church services by a naval chaplain at sea
2. at UN headquarters (only), it's permissible to display the flags of other nations at positions of equal honor to the U.S. flag, and to display the UN flag in a position of more prominence or honor.

Consistent with the U.S. Flag Code, the Texas Flag Code specifies that the state flag should either be flown below the U.S. flag if on the same pole or at the same height as the U.S. flag if on separate poles.

So while it can be done, it's against the laws of both Texas and the United States to do so.

Answer 3

Yes. This is due to the fact that Texas was once its own independent nation prior to joining the United Sates. Texas retains this right in their state constitution along with the ability to split into 5 separate states should the citizens ever decide to do so.

I have looked through every portion of Section 8's rules on the flag and the answer is NO. The Stars and stripes must be flown above any other flag. Here is the whole flag code. If there is anything that allows Texas to do so, I would love to see it.

http://www.ushistory.org/betsy/flagcode.htm

Answer 4

No, that would be a violation of the U. S. Flag Code.