Why the Texas flag has no exclusive right to fly at the same height as the United States flag
There is a persistent myth concerning the Texas state flag. It is frequently repeated in schools, veterans organizations, civic groups, and conversations about flag protocol.
The claim usually goes something like this:
“Texas is the only state allowed to fly its flag at the same height as the United States flag because Texas was once an independent republic.”
Sometimes the claim goes further, suggesting that Texas negotiated this privilege as a condition of joining the Union.
Neither claim is correct.
Texas was an independent republic before becoming a state. That historical fact is not in dispute. However, its former independence does not give the Texas flag special status under the United States Flag Code, and no provision of the 1845 annexation agreement establishes such a privilege.
The Texas flag may be flown at the same height as the United States flag on separate adjacent flagpoles, but so may the flag of every other state. The difference is not in the height. It is in the position of honor.
The Historical Origin of the Myth
The Republic of Texas existed as an independent nation from 1836 until its admission to the United States in 1845. The Lone Star Flag was adopted as the republic’s national flag in 1839. Today, Texas Government Code § 3100.001 identifies that same flag as the official state flag.
Texas entered the Union on December 29, 1845, becoming the twenty-eighth state. Its admission followed congressional action, including the Joint Resolution for Annexing Texas to the United States, approved March 1, 1845.
That resolution addressed such matters as admission, territory, public property, debts, and the possibility of creating additional states. It did not establish a special exemption from national flag customs. Nor did it establish an enduring right for Texas to treat its state flag as equivalent to the national flag of the United States.
This is where the historical fact becomes confused with a ceremonial claim. Texas once possessed national sovereignty. After statehood, its flag represented a state of the United States, not a separate sovereign nation.
The National Park Service specifically addresses this misconception in its article Of Mythical Importance. It also notes that Texas was not unique in having a history of independence. Vermont and Hawaii, for example, also possessed periods of independent political existence before entering the Union.
Historical sovereignty does not determine a state flag’s precedence within the United States.
Reference: National Park Service, Of Mythical Importance; Texas State Library, Joint Resolution for Annexing Texas.
The flag display at the top of the page is correct, all flagpoles are the same height and all of the flags are at “full truck” (all the way to the top). What matter here is the intended direction of display (A DrillMaster/ICS term). That means it shows correctly from one direction, but not from another. It’s not a problem that it does not display correctly from one direction. However, it might be better to have the US pole higher so that the display reads correctly from both sides as shown below.
Was Texas the Only State with a History of Independence?
Texas was not the only present-day state with a history involving an independent republic or a claim of sovereignty.
Vermont functioned as an independent republic from 1777 until its admission to the United States in 1791. Hawaii was an internationally recognized independent kingdom before its annexation in 1898.
California provides a particularly visible example because its official state flag bears the words “CALIFORNIA REPUBLIC” beneath the grizzly bear.
On June 14, 1846, American settlers at Sonoma revolted against Mexican authority and proclaimed the California Republic. The resulting Bear Flag Revolt established a short-lived revolutionary government. On July 9, 1846, the United States flag replaced the Bear Flag at Sonoma.
The original Bear Flag became the inspiration for California’s official state flag, adopted in 1911. Its design preserves the bear, star, red stripe, and words “California Republic.” California’s brief independence movement was not equivalent to the internationally recognized Republic of Texas. Nevertheless, it is another example of a present-day state’s historical association with a claimed independent republic.
Florida’s history includes similar, although distinct, episodes. The Republic of West Florida was proclaimed in 1810 in territory now principally within Louisiana. The Republic of East Florida was attempted in 1812. Florida also declared itself a sovereign and independent nation when it adopted its Ordinance of Secession in January 1861.
These historical situations differ significantly. An internationally recognized nation, a functioning independent republic, a short-lived revolutionary government, and a declaration of secession are not legally or historically interchangeable.
However, none of these distinctions changes modern flag precedence. No state receives special privileges under the federal Flag Code merely because it previously existed, or claimed to exist, as an independent nation. Texas, California, Vermont, Hawaii, and Florida must all follow the applicable national principles of flag display.
A state’s historical sovereignty does not determine the ceremonial precedence of its present-day state flag.
References
- California State Capitol Museum, California State Flag
- California State Parks, The History of the California State Flag
- California State Parks, Bear Flag Monument
- National Park Service, The Bear Flag Revolt
- Florida Department of State, Republic of West Florida
- State Archives of Florida, Historic Constitutions
- Museum of Florida History, Florida Secedes from the Union
What the United States Flag Code Actually Says
The federal Flag Code, codified in Title 4 of the United States Code, establishes nationally recognized customs for displaying and honoring the United States flag.
Section 7 addresses the position and manner of display. Section 7(f) provides that when state, city, or organizational flags are flown on the same halyard as the United States flag, the U.S. flag should occupy the peak.
The section further establishes:
“No such flag or pennant may be placed above the flag of the United States or to the United States flag’s right.”
Notice what that language does not say. It does not say that every state flag must be flown lower than the United States flag when displayed on a separate adjacent flagpole. It does not identify Texas as an exception. It does not grant special privileges to states that were formerly independent nations. Instead, the provision establishes the national flag’s superior position of honor.
When two flags are displayed on separate adjacent flagpoles of equal height, the national flag occupies the position of honor, to its own right. From the perspective of an audience facing the two flags, that normally places the United States flag on the left and the state flag on the right.
Section 7(e) addresses a different arrangement: a grouped display (displayed, not carried) involving a number of state or local flags. In that arrangement, the United States flag should be at the center and highest point of the group. These provisions address different display configurations. They should not be treated as interchangeable.
Section 7(g), which discusses the display of flags of two or more nations on separate staffs of the same height, does not establish a special rule for Texas either. The Texas flag is a state flag in this context, regardless of its historical use as the flag of an independent republic.
Equal physical height on adjacent flagpoles does not mean equal ceremonial precedence.
Reference: 4 U.S.C. § 7, Position and Manner of Display.
Texas Law Explicitly Permits the Same-Height Arrangement
Here is perhaps the most useful part of this discussion. Texas has its own statutory flag code, found in Chapter 3100 of the Texas Government Code.
Section 3100.055 addresses the display of the Texas flag with the United States flag. Subsection (a) provides that if both flags must be displayed on the same flagpole or flagstaff, the United States flag should be above the Texas flag.
Subsection (b)(1) states:
“the flags should be displayed on flagpoles or flagstaffs of the same height”
The same subsection establishes several additional customs:
- The flags should be approximately equal in size.
- The United States flag should appear to the observer’s left of the Texas flag.
- The United States flag should be raised first.
- The Texas flag should be lowered first.
These provisions establish a perfectly ordinary arrangement for displaying the national and state flags together. The Texas flag code does not say that Texas alone enjoys this privilege. It describes how the Texas flag should be displayed with the United States flag.
The federal Flag Code permits the same-height arrangement for other state flags. For example, the Alabama, Florida, or California flag may also be displayed on a separate adjacent flagpole of the same height as the United States flag, with the United States flag occupying its proper position of honor.
Texas is not the exception. It follows the same national precedence principles as every other state.
Reference: Texas Government Code § 3100.055.
Flagpole Display Is Not Color Guard Procedure
Another misunderstanding occurs when people apply rules for stationary flag displays directly to marching color guards. The two subjects are related, but they are not identical.
A stationary outdoor display involves the arrangement of flags on flagpoles, including their relative positions, height, and order of raising and lowering. A color guard involves personnel carrying flags according to prescribed drill procedures.
The federal Flag Code addresses processions in the introductory language of 4 U.S.C. § 7. It places the United States flag on the marching right when carried with another flag, or in front of the center when carried ahead of a line of other flags.
Texas Government Code § 3100.067(b) similarly states that when the Texas flag is carried in procession with the United States flag, the United States flag should occupy the marching right. Neither provision creates an exception for Texas based on its former sovereignty.
A color guard carrying the United States and Texas flags must still observe the applicable requirements for its organization and drill system. For military color guards, the governing service publications set the applicable formations, flagstaff handling, honors, and movements.
For JROTC color guards, the applicable service and program requirements must be followed. Procedures reserved for authorized military honor units do not become applicable simply because a cadet team is participating in a ceremony. Veterans organizations and civilian ceremonial teams must likewise distinguish their own authorized or adopted procedures from those belonging to other organizations.
The historical status of Texas does not authorize a team to disregard the applicable instructions governing the display, carrying position, or handling of its Colors.
Does the Texas Flag Dip During the Pledge of Allegiance?
Another misunderstanding concerns when the Texas state flag should be dipped during a color guard presentation.
Texas Government Code § 3100.070(a)(2) states that the Texas flag should not:
“be dipped to any person or thing, except as a mark of honor for the United States flag.”
This provision establishes an exception to the general prohibition against dipping the Texas flag. It does not establish a requirement to dip the flag whenever the United States is mentioned, honored, or acknowledged.
More importantly, it does not prescribe dipping the Texas flag during the Pledge of Allegiance.
The Pledge of Allegiance and the National Anthem Are Different Ceremonial Occasions
The distinction becomes clearer when examining military ceremonial procedures.
Army Training Circular 3-21.5, Drill and Ceremonies (3 May 2021), paragraph 15-12, identifies the prescribed occasions for dipping organizational Colors.
These include the playing of the national anthem, “To the Color,” and foreign national anthems, as well as rendering specified honors to commanders and certain other individuals. The Pledge of Allegiance is not among the prescribed occasions.
Although DAFMAN 34-165 applies specifically to personnel assigned to or augmenting Department of the Air Force honor guard programs, its explicit treatment of the Pledge illustrates this distinction.
15.3.1. Refer to DAFI 90-1201, paragraph 2.16.8 for specifics on dipping the USAF and USSF departmental flags. Note: If the Pledge of Allegiance is recited after the playing of the national anthem, then the NCOIC of the Colors Team (NCT) gives the subdued command Bearers, Ready, TWO to return the organizational flag to port or right shoulder. The organizational flag will not be dipped during the Pledge of Allegiance.
The national anthem is an occasion for prescribed ceremonial honors, including dipping appropriate organizational Colors under applicable military procedures.
The Pledge of Allegiance is an expression of allegiance to the flag and the republic it represents. Federal law prescribes the conduct of individuals during its recitation, including the rendering of military salutes by persons in uniform.
However, an individual’s salute does not automatically establish a requirement for a color bearer to dip a Color.
The prescribed conduct of the audience and the prescribed movements of the color guard are separate matters.
Applying This Distinction to the Texas Flag
Because the Texas flag code permits dipping the state flag as a mark of honor for the United States flag, a dip may be appropriate during a prescribed ceremonial salute honoring the national flag, consistent with the team’s governing procedures. However, the Texas flag code does not identify the Pledge of Allegiance as one of those occasions.
Military ceremonial practice provides a useful distinction: organizational Colors are dipped during specified honors, including the national anthem, but not simply because an audience recites the Pledge of Allegiance. Therefore, where a visiting color guard follows comparable military ceremonial procedures, the appropriate practice is to maintain the Texas flag upright during the Pledge of Allegiance.
The same principle applies during the Texas Pledge of Allegiance. The Texas flag is not dipped to honor itself. A host organization’s additional pledges, including pledges to religious or organizational flags, likewise do not establish an occasion for dipping the Texas flag.
The team should follow its governing procedures rather than interpreting the host’s recitation of a pledge as an automatic command to render additional ceremonial honors. This is a distinction between permission and prescribed action.
The Texas flag code permits a particular honor to the United States flag. It does not require that honor during the Pledge of Allegiance.
References
- Texas Government Code § 3100.070(a)(2), Limitations on Display.
- 4 U.S.C. § 4, Pledge of Allegiance to the Flag; Manner of Delivery.
- Department of the Army, TC 3-21.5, Drill and Ceremonies, 3 May 2021, paragraphs 15-11 and 15-12.
- Department of the Air Force, AFMAN 34-515, USAF Honor Guard Manual, 11 August 2015, paragraph 7.3.2 (superseded; historical reference).
Why Are Students Still Being Taught This Myth?
Several years ago, a cadet told me that a teacher had taught him that Texas was the only state permitted to fly its flag at the same height as the United States flag. The cadet was not presenting a theory. He was repeating what he understood to be a historical fact learned in school.
That experience raises an important question: Why does this misinformation continue to circulate in educational settings? The answer may be more complicated than teachers simply failing to check their facts.
When an Official Government Publication Gets It Wrong
The United States Census Bureau published a Guide to State and Local Census Geography: Texas. On page 2, under the heading “Other Information of General Geographic Interest,” the guide claims that Texas was uniquely admitted to the United States by treaty and that this permitted its flag to fly at the same height as the national flag.
Both propositions are incorrect.
Texas entered the Union through congressional joint resolutions after a proposed annexation treaty failed to obtain Senate approval. Moreover, the federal Flag Code recognizes the same general adjacent-flagpole arrangement for other state flags.
Yet here is an official federal government publication repeating the mythology.
This matters because readers may reasonably regard a federal publication as a reliable source of historical information. However, the Census Bureau’s institutional authority in census geography does not make it an authority on flag law or the legal terms of Texas statehood.
The source must be evaluated according to both its competence and the evidence supporting the particular claim.
When Academic Research Repeats the Error
In 2023, the Journal of Social Studies and History Education published Carlos A. Morales-Ramírez’s article, “The Usurper of the Lone Star Flag.” The journal identifies itself as a peer-reviewed publication sponsored by the Texas Council for the Social Studies and the University of Houston-Downtown. On page 75, the article repeats the assertion that Texas is the only state permitted to fly its flag at the same height as the U.S. flag.
The citation supporting that statement leads directly to the Census Bureau’s geography guide. This is a documented example of an erroneous claim moving from a government publication into academic literature.
Publication and peer review do not automatically establish the accuracy of every assertion. Nor does a citation necessarily demonstrate that the cited authority is correct. In this instance, consulting the federal Flag Code, the Texas Government Code, and the historical annexation records would have exposed the error.
What Are Texas Schools Actually Required to Teach?
The Texas Essential Knowledge and Skills for fourth-grade social studies include instruction concerning the Texas Revolution, the Republic of Texas, annexation, patriotic symbols, and the Texas Pledge of Allegiance. These are legitimate educational subjects.
The standards do not establish that Texas enjoys an exclusive privilege concerning the relative height of its flag. The distinction is important because a teacher may properly teach Texas history while introducing an inaccurate explanation of a particular historical or ceremonial practice.
A student ordinarily has little reason to question a factual statement presented by an instructor. Once the student learns the story, that information may be repeated to classmates, family members, and eventually another generation.
This is one plausible means by which historical folklore becomes accepted knowledge. The available evidence does not establish how frequently the myth is taught in public schools.
Teaching the Difference Between a Fact and Its Explanation
Consider the statement that the Texas flag may fly at the same height as the United States flag. That statement is correct when the flags are displayed on separate adjacent flagpoles in the prescribed arrangement.
Now consider the explanation that Texas alone possesses this privilege because it was once an independent republic. That explanation is false. A student who learns both statements together may remember the correct arrangement while accepting the incorrect historical justification.
This illustrates why checking the result alone is insufficient. The authority cited to justify the result must also be examined. Teachers, historians, ceremonial instructors, and military personnel should be willing to correct inherited explanations when the primary sources do not support them. The objective is not to diminish Texas history or criticize teachers who unknowingly repeated an error. It is to prevent historical misinformation from being passed on as established fact. A state’s traditions deserve accurate explanations.
An Educational Opportunity
The Texas flag myth provides an excellent classroom exercise in evaluating sources. Students can compare the 1845 annexation documents, the federal Flag Code, Texas Government Code Chapter 3100, and the Census Bureau’s published assertion.
They can determine which documents establish the historical facts and which provisions govern flag display. They can also discover that an official-looking source is not necessarily authoritative on every subject it discusses. That lesson extends far beyond flag protocol.
The proper standard for teaching ceremonial history should be the same as for performing a ceremony: establish the governing authority, understand its applicability, and do not substitute tradition or assumption for documented requirements.
The Distinction Between History, Law, and Ceremonial Practice
A state’s history can explain the origin, symbolism, and significance of its flag. It does not necessarily establish the flag’s present ceremonial status.
Federal flag customs establish national principles of display and precedence. Texas law establishes additional guidance for the Texas state flag. Military and organizational publications prescribe procedures for the personnel and activities within their respective scope. These sources must be understood according to their subject matter and applicability.
The federal Flag Code primarily codifies national customs for civilians and civilian organizations, as explained in 4 U.S.C. § 5. Much of it is advisory rather than independently enforceable. Military regulations, by contrast, may establish binding requirements for personnel subject to them. For that reason, it is important to distinguish a recognized national custom, a specific state provision, and a procedural requirement imposed by a governing organization.
The existence of one does not automatically establish the other. For someone planning a flag display or commanding a color guard, the practical questions are straightforward:
What flags are being displayed? Are they mounted on stationary flagpoles or carried in formation? Which instructions govern this particular display or team?
Only then can the appropriate procedure be determined.
Texas Does Not Need a Myth to Honor Its Flag
The Lone Star Flag has a documented history extending to the Republic of Texas. Its design, symbolism, and historical identity are established in state law. That history is significant without adding ceremonial privileges that do not exist.
Texas may display its state flag at the same height as the United States flag on separate adjacent flagpoles. So may every other state. When both are flown on the same flagpole, the United States flag occupies the upper position. When the flags are carried in procession, the United States flag occupies its prescribed position of honor.
And when a military or other formally organized color guard carries the Texas flag, the team follows the procedures applicable to that team. There is no special Texas exemption.
The Texas flag deserves the honors properly afforded to a state flag. Respecting those honors requires understanding the actual standards, not perpetuating a myth.
References
- United States Code, Title 4, § 5, Display and Use of Flag by Civilians; Codification of Rules and Customs. Official text.
- United States Code, Title 4, § 7, Position and Manner of Display. Official text.
- United States Code, Title 4, § 8, Respect for Flag. Text.
- Texas Government Code, Chapter 3100, State Flag, particularly §§ 3100.001, 3100.055, 3100.067, and 3100.070. Texas Legislature.
- Texas State Law Library. Is the Texas Flag Flown at the Same Height as the U.S. Flag? Legal FAQ.
- National Park Service, Palo Alto Battlefield National Historical Park. Of Mythical Importance. Historical examination.
- Texas State Library and Archives Commission. Joint Resolution for Annexing Texas to the United States, approved March 1, 1845. Historical document.
A documented chain of misinformation:
- United States Census Bureau. Guide to State and Local Census Geography: Texas, p. 2. Official Census Bureau publication.
- Morales-Ramírez, Carlos A. (2023). “The Usurper of the Lone Star Flag.” Journal of Social Studies and History Education, 7(2), 70–81, particularly p. 75. Published article.
- Texas State Library and Archives Commission. Narrative History of Texas Annexation. Historical account and primary-source references.
- Texas Education Agency. Texas Essential Knowledge and Skills for Grade 4, revised June 2024, § 113.15. Curriculum standards.
- Texas State Law Library. Is the Texas Flag Flown at the Same Height as the U.S. Flag? Legal FAQ.