The granite marker honoring Confederate General Robert E. Lee was originally installed in 1947 by the United Daughters of the Confederacy (UDC), a group tied to preserving Confederate memory during the Jim Crow era. It features the seal of the Confederate States of America. In 2021, Charleston County School District removed it from the Charleston Charter School for Math and Science campus amid post-2020 racial reckoning efforts. The city stored it until August 2024.
Key Events and Timeline
- July 2024: UDC sues the school district, citing South Carolina’s Heritage Act (2014 law protecting certain war monuments, including Civil War ones, from removal without due process).
- August 2024: UDC drops the lawsuit. Reports indicate the city of Charleston transferred the marker to UDC without council approval or conditions, despite not being a party to the suit.
- December 2025: Marker appears in Marion Square, owned by the Board of Field Officers of the Fourth Brigade under an 1833 deed mandating public use. No prior public notice given. Location is blocks from Emanuel AME Church, site of the 2015 racist massacre killing nine Black parishioners.
This sequence raises transparency issues, as the transfer bypassed public oversight.
Legal Context: South Carolina Heritage Act
South Carolina Code § 10-1-165 shields “historical monuments” from removal, repair, or relocation without a two-thirds legislative vote or court order. It explicitly covers Civil War memorials. Courts have upheld it in cases like the 2017 Howard School marker dispute.
- UDC’s Leverage: The lawsuit pressured the district, but the city’s handover to UDC effectively sidestepped litigation.
- Marion Square Ownership: Private entity (military descendants’ board) controls the park but must keep it public. They approved placement, but city’s role in enabling UDC possession is questioned.
- Potential Challenges: Opponents could argue violation of public notice laws, equal protection under the 14th Amendment, or local ordinances on public spaces. No statewide ban on new Confederate monuments exists, unlike removals.
Broader Implications for Charleston
Marion Square’s prominence amplifies controversy, clashing with Charleston’s “#CharlestonStrong” post-Emanuel narrative of racial healing. Mayor William Cogswell (Republican, elected 2023) faces scrutiny—his administration handled the transfer. Critics demand records on communications between city, UDC, and park board.
Similar disputes persist regionally: South Carolina removed 40+ Confederate symbols since 2020, but Heritage Act limits further action. Public backlash could spur council review or lawsuits.
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