Democratic senator questions legality of Heritage Act

A Democratic state senator is questioning the constitutionality of a state law that bars altering any public monument that honors historic figures or events without overwhelming approval by the Legislature.

State Sen. Darrell Jackson of Columbia is also proposing exemptions.

Jackson asked the S.C. attorney general’s office Tuesday whether the Heritage Act’s two-thirds requirement violates the Legislature’s autonomy. The question centers on whether the Legislature of 2000 can pass a law binding its successors. The opinion would not carry legal weight.

The law is being challenged in court by American Legion members in Greenwood. They want to change a memorial on city property that lists those killed in World Wars I and II as “colored” and “white.”

Jackson plans to introduce a bill that would exempt local governments from the Heritage Act.