A state Governor MAY order flags to be flown at half mast for the death of a former POTUS.

Federal law supersedes state law. Therefore, BY LAW, the flag MUST be flown at full mast on Inauguration Day, regardless of political beliefs.

That said, the Flag Code (4 US Code 7) – calls for it to be lowered at federal buildings government buildings and U.S. Government owned ships – but doesn’t govern state/local government facilities nor privately owned ones. POTUS can request others participate but that is only a request. What Governors choose to do is up to them by law.

It’s also been announced that the US Capitol Building Flag will be flown at Full-Staff during the inauguration. I don’t have a problem with that either. I choose to believe Carter would have wanted that – because of his lifelong advocacy of democracy and his respect for peace and prevailing authorities. I think he would have felt it appropriate to allow the Speaker to make the call on this one.

I think Carter also would have known and appreciated that there is an important message sent internationally that the flag sends when Full-Staff for important transitions of power. In fact, that Full-Staff stature is so important that a flag is never to be raised to Half-Staff directly. It must be raised swiftly and triumphantly to full staff before being slowly lowered anytime it is taken to Half-Staff. So, if a flag is ordered Half-Staff and is not lit at night – etiquette demands it be raised in the morning light to Full-Staff, then lowered to half-staff each morning. Then, at the end of the day, it is raised to Full-Staff briskly before being taken down for the night.

The importance of this is so strong that if a US Military Change of Command Ceremony happens to coincide with a Half-Staff event — the US Flag is raised to Full-Staff for the duration of the ceremony to honor the occasions. Since the inauguration is the Change of Command Ceremony of the Commander in Chief of the Armed Forces – this is wholly appropriate and should be expected practice.