In a significant development, the Department of Defense (DOD) has officially transferred the Reconciliation Memorial to the Commonwealth of Virginia. This action comes amidst ongoing legal battles and public outcry over the memorial’s removal from its original location at Arlington National Cemetery.
The transfer, announced on August 6, 2024, has been met with mixed reactions. Defend Arlington, the lead plaintiff in the lawsuit against the DOD’s decision to remove the memorial, expressed both appreciation for Virginia’s role in preserving the memorial and determination to see it returned to its rightful place at Arlington.
“While we appreciate Virginia providing a safe haven for the Memorial, its rightful place is at Arlington, and if this transfer is true, they do this at their own peril,” a Defend Arlington spokesman stated.
The controversy over the memorial’s removal stems from a 2021 recommendation by the Naming Commission, which was subsequently adopted by Secretary of Defense Lloyd Austin. The commission proposed the removal of the 1914 “Peace Monument” as part of a broader effort to reevaluate and potentially rename military assets named after Confederate figures.
Defend Arlington, along with other plaintiffs, filed a lawsuit in early 2023 to halt the removal of the memorial. The lawsuit argues that the DOD’s interpretation of the enabling legislation, which exempted grave markers from the 2021 National Defense Authorization Act, was incorrect. The case was dismissed by the lower court in December 2023, but the plaintiffs are optimistic about their appeal, particularly in light of the recent overturing of Chevron deference in the Loper Supreme Court decision affirming the courts’ ability to review agency actions.
HK Edgerton, an African-American Army veteran and plaintiff in the lawsuit, criticized the DOD’s decision, stating, “This is a typical example of the US Government thumbing its nose at the rule of law and using black Americans as an excuse. I and a lot of others don’t agree with it.”
Appellate briefs are due from the plaintiffs on August 16, 2024. If successful, the plaintiffs believe the DOD will be required to restore the memorial to its historic location in Section 16 at Arlington National Cemetery, and the transfer to Virginia would be invalidated.
Defend Arlington, established in 2022 to inform the public about the Naming Commission’s recommendations and to advocate for the memorial’s preservation, has shifted its focus to restoring the memorial since its removal in late 2023. The group encourages supporters to call their Member of Congress at 202-224-3121 to urge them to take all necessary actions to restore the Arlington National Cemetery Reconciliation Memorial.
As the legal battle continues, the fate of the Reconciliation Memorial remains uncertain. Supporters and opponents alike will be closely watching the developments in the appellate court and the broader public discourse surrounding this contentious issue.
