Was that Lying or Laying in State?

Q: What does it mean when a body is “lying in state?”

A: At first blush, this may seem out of the ordinary for this column – a column routinely dedicated to answering your legal curiosities. But, with the recent passing and “lying in state” of President Ford, this question piqued my curiosity, when posed by my overly inquisitive friend.

It appears that there are at least three variations on the theme of “lying in state.” At its heart, “lying in state” refers to that honor given to the body of an esteemed individual wherein the person’s body is laid in a place of prominence so that others can pay their respects. In that sense, it is often referred to as, “lying in repose” – meaning, literally, to lie (or rest) “in peace.” Thus, any deceased person can “lie in repose” and often do at the funeral home or place of worship of his or her family’s choosing.

What we are more familiar with, however, is the idea of “lying in state” where the person is a person of prominence and the pedestal is the rotunda of the United States Capitol. By regulation and custom, only those due an official, or “state,” burial are entitled to the honor of “lying in state.” That same regulation and custom usually only permits U.S. Presidents, Congressmen, and military commanders to be “laid in state.”

You may remember that in 2004, we witnessed Ronald Reagan’s “lying in state,” which was preceded by his “lying in repose” at the Ronald Reagan Library. But, when Chief Justice William Rehnquist passed away, his family chose to have his body “laid in repose” within the Supreme Court building, even though President Bush offered to authorize his “lying in state.”

Since the building of the US Capitol, thirty bodies have placed upon the Lincoln catafalque – the bier (or stand) made of hewn pine boards, roughly nailed together to support Lincoln’s casket – at the center of our legislature. Eleven Presidents, a variety of congressmen, Generals such as MacArthur and Eisenhower, and unknown soldiers from American wars have been granted this traditional honor. Other notables include, Pierre L’Enfant – the planner of the District of Columbia, J. Edgar Hoover – the colorful director of the FBI, Henry Wilson – the only Vice-President to have been given the honor, as well as one (and the only) woman, who did not fill any of the traditional offices, yet was indisputably deserving of the honor: Rosa Parks.

The third level of this postmortem honor is called, “lying in honor.” After a 1998 assassination attempt by a lunatic claimed the lives of two Capitol Police officers, the US Congress provided a way in which heroic individuals, like Officer Jacob Chestnut and Detective John Gibson, could be honored.

“Lying in state” is a distinct honor of national significance and is used only in the most unique of circumstances, thus maintaining its regal significance. While it is not a legal right, it is a tribute that often requires laws to permit it, as in the case of Rosa Parks and “lying in honor.” Thus, Sidebar’s mission to answer questions involving the law or legal process is satisfied.

And, if your mind is like mine, there is one question swirling around your mind right now: What is the difference between “lying” and “laying,” “lie” and “lay,” and “laid” and “lain?”

I’m an attorney. Go ask your English teacher.

Copyright: Jeremiah G. Dys, Esq. May not be used absent express, written permission. Please contact the author for permission to reprint.