Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Judge issues order keeping Confederate memorial at Arlington Cemetery for now

A federal judge has issued a temporary restraining order barring removal of a memorial to Confederate soldiers at Arlington National Cemetery

Matthew Barakat
Monday 18 December 2023 12:41 EST
Confederate Memorial Arlington
Confederate Memorial Arlington (Copyright 2023 The Associated Press. All rights reserved.)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A federal judge on Monday issued a temporary restraining order barring removal of a memorial to Confederate soldiers at Arlington National Cemetery.

A group called Defend Arlington, affiliated with a group called Save Southern Heritage Florida, filed a lawsuit Sunday in federal court in Alexandria, Virginia, seeking the restraining order. A hearing has been scheduled for Wednesday.

Work to remove the memorial had begun Monday before the restraining order was issued, but the memorial remains in place on cemetery grounds.

The cemetery had said on Friday that it expected to complete the removal this week. It said the removal was required by Congress, and that it was complying with environmental and historic-preservation regulations.

But the lawsuit accused the Army, which runs the cemetery, of violating regulations in seeking a hasty removal of the memorial.

“The removal will desecrate, damage, and likely destroy the Memorial longstanding at ANC as a grave marker and impede the Memorial’s eligibility for listing on the National Register of Historic Places,” the lawsuit accuses.

Cemetery officials did not immediately respond Monday to a call and email seeking comment. A spokesman for the Florida heritage group also did not immediately respond to phone and email message sent Monday morning.

Last week, a federal judge in the District of Columbia dismissed a lawsuit seeking to block removal of the memorial filed by the same plaintiffs. Alston, in his order issued Monday, told the parties to be prepared to discuss how that case affects his decision whether to extend his temporary restraining order beyond Wednesday.

The temporary restraining order issued Monday by U.S. District Judge Rossie Alston said that a lawyer for the plaintiffs represented to the court that the work at the memorial involves the disturbance of gravesites.

In a footnote, Alston wrote that he “takes very seriously the representations of officers of the Court and should the representations in this case be untrue or exaggerated the Court may take appropriate sanctions.”

On Friday, the cemetery had said in a statement that “the area around the Memorial will be protected to ensure no impact to the surrounding landscape and grave markers.”

The statue, unveiled in 1914, features a bronze woman, crowned with olive leaves, standing on a 32-foot pedestal, and was designed to represent the American South. According to Arlington, the woman holds a laurel wreath, a plow stock and a pruning hook, with a biblical inscription at her feet that says: “They have beat their swords into plough-shares and their spears into pruning hooks.”

Some of the figures also on the statue include a Black woman depicted as “Mammy” holding what is said to be the child of a white officer, and an enslaved man following his owner to war.

Last year an independent commission recommended the memorial be taken down as part of a report to Congress on renaming of military bases and assets that commemorate the Confederacy.

More than 40 House Republicans wrote to Defense Secretary Lloyd Austin recently, arguing that the commission overstepped its authority when it recommended that the monument be removed.

Virginia Gov. Glenn Youngkin disagrees with the decision and plans to move the monument to the New Market Battlefield State Historical Park in the Shenandoah Valley, Youngkin spokeswoman Macaulay Porter said.

___

Freelance photographer Kevin Wolf contributed to this report from Arlington.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in