Shirley Phelps-Roper of Topeka, Kan., was charged with violating the law in 2007. Authorities say she let her then-10-year-old son stand on an American flag at the funeral of a National Guardsman in Bellevue. They also say she wore a flag as a skirt that dragged on the ground.
A Sarpy County judge ruled earlier this year that the case could proceed, despite arguments made by Phelps-Roper's attorney that the law is unconstitutional.
In a ruling issued Tuesday, Sarpy County District Judge William Zastera said the order allowing the charges to stand isn't something Phelps-Roper can appeal.
(Copyright 2009 by The Associated Press. All Rights Reserved.)