SC Confederate monument protection law is upheld
COLUMBIA, S.C. – The South Carolina Supreme Court ruled Wednesday that a state law preventing anyone from moving a Confederate monument or changing the historical name of a street or building without the Legislature’s permission is legal.
But in the same ruling, the justices struck down a requirement that twothirds of the General Assembly must approve a move or name change.
The unanimous decision keeps intact South Carolina’s Heritage Act, which has stopped colleges and local governments from removing statues honoring Civil War soldiers or segregationists even as other areas of the South took them down after protests sparked by the killing of George Floyd last year by white police officers in Minnesota.
The law was passed in 2000 as part of a compromise to remove the Confederate flag from atop the South Carolina Statehouse dome. The rebel banner was moved to a pole on the capitol lawn, where it flew until 2015 when lawmakers removed it after nine Black church members were killed in a racist massacre at a Charleston church.
One of the people who sued lawmakers over the Heritage Act is the widow of state Sen. Clementa Pinckney, the pastor at Emanuel AME church in Charleston who died in the attack.
The law specifically protects monuments from 10 wars – from the Revolutionary War to the Persian Gulf War. It also protects monuments honoring African Americans and Native Americans as well as a catchall phrase of “any historic figure or historic event.”
Jennifer Pinckney has pointed out that means she couldn’t make changes to a monument to her late husband unveiled this year without asking lawmakers for permission.
Days after the Confederate flag was removed in 2015, South Carolina legislative leaders vowed they would not approve the removal of any other statues or renaming of buildings under the
Heritage Act and have kept their word.
South Carolina Senate President Harvey Peeler said in the summer of 2020 that “changing the name of a stack of bricks and mortar is at the bottom of my to-do list.” He issued another statement Wednesday: “The protections over all of our state’s monuments and statues were ruled constitutional and they will remain in place.”
House Speaker Jay Lucas said in 2015 that no other changes would be considered while he was the chamber’s leader. After Wednesday’s ruling he again repeated that promise.
Lawmakers in 2021 refused to even take the first step toward requests to remove monuments like Orangeburg asking to remove a Confederate statue or change names like Clemson University asking to rename a building that currently honors the late U.S. Sen. “Pitchfork” Ben Tillman, who led violent racist mobs to stop Black people from voting.
Left undecided after Wednesday’s ruling is what might happen if a local government ignores the law. The act included no specific punishment for breaking it. Some Republicans have suggested taking away a local government or school’s state funding, but that idea hasn’t gained traction in the Legislature.