PolicyBrief
S. 4126
119th CongressMar 17th 2026
A bill to address the ineligibility of Ashli Babbitt for military funeral honors.
INTRODUCED

This bill formally disqualifies Ashli Babbitt from receiving military funeral honors due to her participation in the January 6, 2021, insurrection.

Ruben Gallego
D

Ruben Gallego

Senator

AZ

LEGISLATION

New Bill Formally Denies Military Funeral Honors for Ashli Babbitt Following January 6th Actions

This bill takes the specific step of declaring Ashli Babbitt ineligible for military funeral honors, a benefit typically afforded to veterans. The legislation explicitly points to her actions on January 6, 2021, as the grounds for this disqualification. Specifically, it cites her attempt to enter the House Speaker's Lobby through a broken window of a barricaded door during the Capitol breach as the conduct that triggers this exclusion under federal law.

The Standard for Military Honors

To understand how this works, we have to look at 10 U.S.C. 985, which is the section of the U.S. Code governing who gets a military send-off. Usually, if you served honorably, you’re entitled to things like a folding of the flag and the playing of Taps. However, federal law already allows for the denial of these honors for people who have committed certain capital offenses or are involved in acts of terrorism. This bill effectively codifies that Babbitt’s participation in what it defines as an insurrection meets the threshold for losing those privileges, ensuring the Department of Defense does not provide ceremonial services for her burial.

Practical Impact and Precedent

For the average person, this bill serves as a high-profile application of military conduct rules. While most veterans receive their honors without a hitch, this legislation highlights that the government views the events of January 6th as a disqualifying event for those who held military status. By naming a specific individual, the bill bypasses the usual administrative review process and sets a legislative marker. For the family or estate involved, this means they are legally barred from receiving the ceremonial recognition that often accompanies the passing of a veteran, moving the decision from a military bureaucracy directly into the federal statute books.