The Senate also rejected a proposal Tuesday, 36-64, that included Bennett's own bill designed to protect the flag. Hatch voted against it while Bennett voted for it.

Senate Minority Leader Harry Reid, D-Nev., Sen. Robert Menendez, D-N.J., and Sen. Ken Salazar, D-Colo., voted in favor Bennett's bill but also in favor of the constitutional amendment. Sen. Russ Feingold, D-Wis., voted against both items.

"In the end, you have to do what you think is the right thing to do," Bennett said. "I'm sent here to go through the issues and to make a decision. If the public doesn't like that decision, they can always change me."

Bennett said he will wait and see whether he will introduce a flag bill again. He said it is unlikely to ever get out of committee as long as the constitutional amendment option is still alive. Hatch said Tuesday that he will continue to introduce the amendment until it gets passed.

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