Papillion, Neb. ? Another Nebraska judge has refused to dismiss the flag-desecration charge against a Kansas woman.

Douglas County Judge Joseph Caniglia was appointed to hear the Sarpy County case after two other judges were removed from the case. Caniglia refused Friday to throw out the case against Shirley Phelps-Roper on constitutional grounds.

Phelps-Roper was accused in 2007 of letting her then-10-year-old son stand on an American flag during a protest at the funeral of a National Guardsman in Bellevue. Authorities also say she wore a flag as a skirt that dragged on the ground.

Nebraska’s law bars intentionally “casting contempt or ridicule” upon an American flag. Phelps-Roper has argued the law is unconstitutional.

Caniglia scheduled an Aug. 23 trial.