A resolution expressing the sense of the Senate that Ashli Babbitt is disqualified from eligibility for military funeral honors under section 985 of title 10, United States Code.
- Bill Number
- S.Res. 382
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2025-09-10: Referred to the Committee on Veterans' Affairs. (text: CR S6539)
- Last Updated
- 2025-09-24T17:00:29Z
AI-Generated Summary
Purpose
This Senate Resolution (S. Res. 382) expresses the Senate's opinion that Ashli Babbitt, an Air Force veteran who died during the January 6, 2021, events at the U.S. Capitol, is ineligible for military funeral honors due to her actions, which the resolution describes as disqualifying conduct that discredits the Armed Forces.
Key Provisions
- Background on Events: The resolution outlines that Babbitt participated in an illegal attempt to breach the Capitol during a violent insurrection aimed at overturning the 2020 presidential election certification. It notes law enforcement's response, Babbitt's possession of a weapon, and her attempt to climb through a broken window, leading to intervention by a Capitol Police officer to protect nearby House members and staff.
- Military Funeral Honors: It references 10 U.S.C. § 985, which allows denial of honors to individuals whose conduct would bring discredit to the Armed Forces. The resolution states that Babbitt's actions undermine the integrity of these honors, reserved for those who upheld their oath to the Constitution.
- Senate's Sense:
- Babbitt's January 6 actions disqualify her under the cited law, and granting her honors would discredit the Air Force.
- The Senate expresses gratitude to law enforcement and personnel who defended the Capitol and rejects efforts to glorify the insurrectionists' actions.
Significant Changes to Existing Law
This is a non-binding resolution expressing the Senate's view and does not amend or create new laws. It interprets existing eligibility criteria under 10 U.S.C. § 985 (which permits denial of military funeral honors for discreditable conduct) but has no legal force to enforce changes.
Potential Impacts
- On Government Agencies: Could pressure the Department of the Air Force or Department of Defense to review or revoke prior decisions, such as the August 15, 2025, granting of honors to Babbitt, though it lacks binding authority.
- On Citizens: Symbolic impact on veterans and families, potentially affecting public perception of military honors and the legacy of January 6 participants.
- On International Relations: Minimal direct impact, as this is a domestic matter focused on U.S. events and military traditions.
Main Stakeholders Affected
- Ashli Babbitt's Family and Supporters: Directly challenges eligibility for honors, potentially influencing memorial practices.
- U.S. Air Force and Department of Defense: Called out for a prior decision deemed "indefensible," which may prompt internal policy reviews.
- Veterans and Military Community: Affects the perceived integrity of funeral honors for all service members.
- Law Enforcement (e.g., Capitol Police): Receives explicit thanks, reinforcing support for their role in defending democratic institutions.
- Congress and Political Figures: Highlights divisions over the January 6 events, with implications for House and Senate members referenced in the resolution.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces interpretation of 10 U.S.C. § 985 without creating precedent, as resolutions are advisory. It ties eligibility to upholding the constitutional oath, emphasizing post-service conduct.
- Constitutional: Underscores the Senate's view on defending the Constitution against perceived threats like the January 6 insurrection, aligning with oaths of office but not addressing due process for Babbitt's actions (she was not charged, as she died during the event).
- Political: Serves as a partisan statement condemning the January 6 events and rejecting their glorification, potentially fueling debates on accountability, veteran honors, and election integrity. Introduced by Sen. Gallego and referred to the Committee on Veterans' Affairs, it reflects congressional oversight of military traditions amid ongoing political polarization.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-09-10: Referred to the Committee on Veterans' Affairs. (text: CR S6539)
- 2025-09-10: Introduced in Senate
Bill Versions
- Expressing the sense of the Senate that Ashli Babbitt is disqualified from eligibility for military funeral honors under section 985 of title 10, United States Code. — issued 2025-09-10 — PDF (3 pages)