Flag of Mississippi


The U.S. state of Mississippi currently does not have an official state flag following the retirement of the most recent version on June 30, 2020. Mississippi has had two official state flags in its history, and a commission has been established to design a third. The flag of the United States is used in Mississippi for official purposes and other symbols used to represent the state include a seal and coat of arms.
The first flag, known as the "Magnolia Flag", was adopted in 1861 and consisted of a "Flag of white ground, a magnolia tree in the, a blue field in the upper left hand corner with a white star in the, with a red border and a red fringe at the extremity of the Flag." The Magnolia Flag was inadvertently declared to be "null and void" by a state constitutional convention in 1865 and the state was left without an official flag until the second one was adopted in 1894.
The second flag, designed by Edward N. Scudder and adopted in 1894, consisted of three equal horizontal tribands of blue, white, and red, with the canton of the Confederate battle flag. The thirteen stars on the state flag officially represented "the number of the original states of the Union," though they are sometimes thought to be for the states that seceded from the Union plus Missouri and Kentucky, which also had both Confederate and Union governing bodies. From 2003 to 2020, this was the only state flag to incorporate the Battle Flag of the Army of Northern Virginia into its design. State legislators have proposed new flag designs omitting the Confederate symbols, especially following the Charleston church shooting and the killing of George Floyd.
On, during the George Floyd protests, Governor Tate Reeves stated that if the Mississippi Legislature passed a bill that weekend addressing the flag issue, he would sign it into law. Subsequently, on June 28, 2020, the Legislature passed a bill to repeal the sections of the Mississippi State Code which made provisions for a state flag, mandate the removal of the former flag from public buildings within 15 days of the bill's effective date, and establish a commission to design a replacement that would exclude the Confederate battle flag and include the U.S. national motto "In God We Trust". Reeves then signed it into law on June 30, 2020.

History

First flag (1861–1865)

Before 1861, Mississippi lacked a flag. When the State Convention at the Capitol in Jackson declared its secession from the United States on January 9, 1861, near the start of the American Civil War, spectators in the balcony handed a Bonnie Blue flag down to the state convention delegates on the convention floor, and one was raised over the state capitol building in Jackson as a sign of independence. Later that night, residents of Jackson paraded through the streets under the banner. Harry McCarthy, an Irish singer and playwright who observed the street parade, was inspired to write the patriotic song "The Bonnie Blue Flag".
The first flag was known as the "Magnolia flag". It was the official state flag from March 30, 1861, until August 22, 1865. On January 26, 1861, the delegates to the state convention approved the report of a special committee that had been appointed to design a coat of arms and "a suitable flag". The flag recommended by the committee was "A Flag of white ground, a magnolia tree in the centre, a blue field in the upper left hand corner with a white star in the centre, the Flag to be finished with a red border and a red fringe at the extremity of the Flag." Due to time constraints and the pressure to raise "means for the defense of the state", the delegates neglected to adopt the flag officially in January but did so when they reassembled in March 1861. The Magnolia Flag was not widely used during the war, as the various Confederate flags were displayed more frequently. Following the war's end, a state constitutional convention nullified many of the ordinances and resolutions passed by the State Convention of 1861. Among those nullified was the ordinance of March 1861 "to provide a Coat of Arms and Flag for the State of Mississippi",

Second flag (1894–2020)

On February 7, 1894, the Legislature replaced the Civil War era Magnolia Flag with a new one designed by Edward N. Scudder, that incorporated the Confederate battle flag in its canton. This second state flag consisted of three equal horizontal tribands of blue, white, and red, with the canton of the battle flag of the Army of Northern Virginia. The 13 stars on the state flag officially represented "the number of the original states of the Union"; though they are sometimes thought to have been for states that seceded from the Union, plus Missouri and Kentucky which had Union and Confederate governments.
The Mississippi Code of 1972, in Title 3, Chapter 3, described the flag as follows:
§ 3-3-16. Design of state flag. The official flag of the State of Mississippi shall have the following design: with width two-thirds of its length; with the union to be square, in width two-thirds of the width of the flag; the ground of the union to be red and a broad blue saltire thereon, bordered with white and emblazoned with thirteen mullets or five-pointed stars, corresponding with the number of the original States of the Union; the field to be divided into three bars of equal width, the upper one blue, the center one white, and the lower one, extending the whole length of the flag, red ; this being the flag adopted by the Mississippi Legislature in the 1894 Special Session.


In 1906, Mississippi adopted a revised legal code that repealed all general laws that were not reenacted by the legislature or brought forward in the new code. The legislature inadvertently omitted mention of the 1894 flag, leaving the state with no official state flag from 1906 to 2001; this was not discovered in Mississippi statute until the 21st century. In 2000, the Supreme Court of Mississippi confirmed that the state legislature had in 1906 repealed the 1894 adoption of the state flag; the flag used since then and considered official had actually only been customary or traditional.

Proposals to change the second flag

Prior to 2020

2001 referendum

In January 2001, then-Governor Ronnie Musgrove appointed an independent commission which developed a new proposed flag design. On April 17, 2001, a legally binding state referendum to change the flag was put before Mississippi voters by the legislature on recommendation of this commission.
The referendum, which asked voters if the new design prepared by the independent commission should be adopted, was defeated in a vote of 64% to 36%, and the 1894 state flag was retained. The proposed flag would have replaced the Confederate battle flag with a blue canton with 20 stars. The outer ring of 13 stars would represent the original Thirteen Colonies, the ring of six stars would represent the six nations that have had sovereignty over Mississippi Territory, and the inner and slightly larger star would represent Mississippi itself. The 20 stars would also represent Mississippi's status as the 20th member of the United States.
When Georgia adopted a new state flag in 2003, the Mississippi flag remained the only U.S. state flag to include the Confederate battle flag's saltire. In 2001 a survey conducted by the North American Vexillological Association placed Mississippi's flag 22nd in design quality of the 72 Canadian provincial, U.S. state, and U.S. territorial flags ranked.

2015 replacement efforts

In the wake of the 2015 Charleston, South Carolina church shooting, in which nine black parishioners of an Emanuel African Methodist Episcopal Church were killed by Confederacy admirer and white supremacist Dylann Roof, there were renewed calls for Southern states to cease using the Confederate battle flag in official capacities. This extended to increased criticism of Mississippi's state flag. All eight public universities in Mississippi, along with "several cities and counties", including Biloxi, later refused to fly the state flag until the emblem is removed. The flag was excluded from state-flag displays in New Jersey, Oregon, and Philadelphia that included the flags of the other 49 states.
Over 20 flag-related bills, some calling for another statewide referendum, were introduced in the legislature in 2015 and 2016, but none made it out of committee. A 2016 federal lawsuit alleging that the flag is tantamount to "state-sanctioned hate speech" was dismissed by both a district court and the 5th Circuit Court of Appeals. The US Supreme Court declined to hear the case.

Hospitality flag

An alternative was devised in 2014 by local artist Laurin Stennis, granddaughter of former U.S. senator John C. Stennis. Her proposal was originally dubbed the "Declare Mississippi flag" and has been popularly called the "Stennis flag". Laurin Stennis's stated mission was to create "an image that would better capture our history and hopes without denying or romanticizing our past" and focus on history, hope, and hospitality. In June 2020, Stennis stepped back from the effort to change the flag, citing potential harm associated with her last name, which she shares with her grandfather who was a segregationist for much of his career. Her design has since been renamed the "Hospitality flag".
The flag consists of a single blue star on a white field, an inversion of the white star on a blue field of the Bonnie Blue flag. It is encircled by 19 smaller stars representing each state in the Union when Mississippi joined, as well as symbolizing "unity and continuity" drawing inspiration from the artifacts of the indigenous peoples of the region. The central white field represents "faith and possibility", and is flanked on each side by a vertical red bars, representing "the blood spilled by Mississippians, whether civilian or military, who have honorably given their lives in pursuit of liberty and justice for all". In an interview, Stennis said the red bars also stand for "Mississippians' 'passionate differences' on the flag issue".
Since its inception, numerous bills have been brought before the legislature to instate the Stennis flag, but so far none has passed. On April 17, 2019, Mississippi governor Phil Bryant signed a new specialty license plates bill. One of the new specialty plates will include the Stennis flag along with the phrase "History + Hope + Hospitality". This was the first time that the Stennis flag's design received some form of state sanction by being used in an official capacity.

Bicentennial flag

A flag was created by the Mississippi Economic Council to celebrate the state's bicentennial in 2017. This flag consisted of a blue, white and red tricolor with the state seal centered on the white stripe. The flag also had the words "Established 1817" and "Bicentennial 2017" written on the white stripe on either side of the seal. This flag, without the wording, has been used as an alternative to the official state flag and has been suggested as a possible replacement for it. In late June 2020, former Governor of Mississippi, Phil Bryant, suggested using the bicentennial flag as a future state flag. Following the retiring of the previous state flag on June 30, 2020, this banner has been used in some instances as a de facto placeholder.

2020 replacement

On June 9, 2020 lawmakers gathered votes and started drafting legislation to change the state flag. The action came after weeks of national protests following the killing of George Floyd, including a protest outside the Mississippi Governor's Mansion on June 6. This was the first substantial action to change the state flag since the 2001 referendum. The proposed legislation would adopt Laurin Stennis's design as the flag of Mississippi. With the support of Republican Speaker of the House, Philip Gunn, lawmakers began to court Republican congress members to vote for the resolution. Gunn ensured that he would get the resolution passed through a House committee if verbal support from 30 Republicans was secured to go along with the 45 Democratic members of the House. An update on June 10 showed that lawmakers believed that they had secured at least 20 Republicans that were in favor of voting for the resolution to change the flag, while 20 more were on the fence. The lawmakers' goal was to secure at least 40 Republicans to go along with the 45 Democrats needed to suspend rules to allow a bill to be considered in the session. On June 11, Senate Democrats filed a resolution to change the state flag. On June 24, Lieutenant Governor Delbert Hosemann announced his support for a new flag. Hosemann was joined by Attorney General Lynn Fitch, State Auditor Shad White, Agriculture Commissioner Andy Gipson and Insurance Commissioner Mike Chaney. A vote that took place on June 27 suspended rules in the chambers to allow for legislators to debate and vote on a bill addressing the flag issue. At that time, there was no consensus on the method of changing the flag, whether it be retiring the current flag or immediately adopting another.
A proposal being floated by several members of the Legislature is to create a new Mississippi flag. This flag, with a yet-to-be-determined design that did not include any Confederate images, would be used alongside the current flag. This plan was soundly rejected by Governor Tate Reeves who compared it to the separate but equal doctrine, stating that if implemented it wouldn't "satisfy either side of this debate".

Response

On June 18, 2020, the commissioner of the Southeastern Conference, Greg Sankey, announced the SEC would consider banning championship events in Mississippi until the flag is changed. The SEC is the athletic conference for the two largest universities in Mississippi, Ole Miss and Mississippi State. The announcement by the conference was followed by support of changing the flag from Chancellor Glenn Boyce of The University of Mississippi and President Mark E. Keenum of Mississippi State University. The athletic directors of the universities, Keith Carter and John Cohen, also supported changing the flag, along with various coaches from the universities. On June 19, the National Collegiate Athletic Association banned all post-season play from occurring in Mississippi until the flag is changed. The NCAA had previously banned predetermined events such as football bowl games and men's basketball tournament games in 2001 from occurring in the state. The new rule also bans merit-based championship sites, such as baseball regionals, softball regionals, women's basketball tournament games and tennis tournament games. Ole Miss hosted both baseball and softball regionals in 2019. Mississippi State hosted a baseball regional, men's tennis tournament games and women's basketball tournament games in 2019.
Also on June 19, the leaders of the eight public universities in Mississippi issued a joint statement calling for a new state flag. On June 22, Conference USA banned all postseason play in Mississippi until the removal of the Confederate emblem from the state flag. Conference USA is home to the state's third largest university, Southern Miss, and has hosted its annual baseball tournament in Mississippi for eight of the past nine years. On June 23, presidents of the fifteen community colleges in Mississippi issued a joint statement showing their support for a new flag.
The Mississippi Baptist Convention condemned the current state flag on June 23, 2020. In a statement, Baptist leaders said: "The racial overtones of the flag's appearance make this discussion a moral issue. Since the principal teachings of Scripture are opposed to racism, a stand against such is a matter of biblical morality."
Retailer Walmart announced that it would cease displaying the state flag at its 85 Mississippi store locations on June 23, 2020. The retailer normally displays the applicable state flag alongside the U.S. national flag at its locations in the U.S.

Legislative action

On June 27, 2020, the Mississippi Legislature passed a resolution, House Concurrent Resolution 79, that suspended rules in the legislative chambers in order to debate and vote on a bill to remove and replace the state flag. The motion was passed with the House approving by a vote of 85–34 and the Senate approving by a vote of 36–14.
On June 28, 2020, the Legislature passed a bill, House Bill 1796, that would relinquish the state flag, remove the state flag from public buildings within 15 days of the bill's effective date, and constitute a nine-member commission to design a new flag that would be put to voters in a referendum to be held in November 2020. The bill required that the Confederate battle flag not be included on the proposed design, and the motto "In God We Trust" be included, as Georgia did when it removed the Confederate emblem from its state flag in 2003. In the House, the bill was passed by 91 in favor and 23 against. In the Senate, the bill was passed with 37 in favor and 14 against.
Earlier that weekend, Governor Tate Reeves had stated that he would sign any flag bill passed that weekend by the Legislature into law. Subsequently, after the Legislature passed the bill, a spokesperson for the governor stated: "The governor does not want to rush this moment in history for our state. Once ... he's had the opportunity to review it, Gov. Reeves will sign the bill in the coming days." Reeves then signed the flag bill into law on June 30, 2020. As the legislation repealed the sections of the Mississippi State Code which made provisions for a state flag, namely Section 3-3-16, Mississippi ceased again to have an official state flag at this point.

Flag commission and referendum

Under the terms of House Bill 1796, a body known as the Commission to Redesign the Mississippi State Flag will be constituted which is to suggest a design for a new state flag no later than 14 September 2020. The act stipulates that any design proposed by the commission must include the words "In God We Trust" and must not contain the Confederate battle flag. The commission will consist of nine members, three of which will be appointed by the Speaker of the Mississippi House of Representatives, three members appointed by the Secretary of State of Mississippi, and three by the Governor of Mississippi. The proposed design will then be subject to a referendum to be held concurrently with the United States presidential election on 3 November 2020. Should the referendum result in a "yes" vote for the proposed design, then that design officially be adopted as the new state flag of Mississippi during the next regular legislative session. Should the referendum result in a "no" vote for the proposed design, the commission can reconvene and propose different designs. The legislation states that further referenda can then be held on the Tuesday after the first Monday in November of a year in which the commission makes a new recommendation until a "yes" vote is achieved. Mississippi will remain without an official state flag until a new one is adopted through this process.
Call for public submissions
The commission has invited public submissions for ideas for a new state flag in mid-July 2020. In accordance with the rules imposed by House Bill 1796, designs will only be accepted if they contain the words "In God We Trust" and not include the Confederate battle flag. The commission also added that suggestions should be unique and adhere to principles of the North American Vexillological Association: that the design should use only two or three basic colors, be simple enough for a child to draw, and have meaningful symbolism. Entries are to be submitted by email or by post and must be received by the commission by August 13, 2020 to be considered.
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