SC GOP lawmakers say statue protections to stay ‘in place’ after Heritage Act ruling
The South Carolina Supreme Court finally ruled over the constitutionality of the Heritage Act, a controversial 2000 law that protects most monuments and statues in the state.
On Wednesday, a unanimous high court upheld the crux of the law, writing in the 22-page opinion that the “substantive provisions ... were not an unconstitutional overreach by our General Assembly. Rather, those provisions were part of the grand compromise of the Heritage Act.”
But the court did strike the Legislature’s two-thirds supermajority rule, writing the General Assembly does not have the authority to bind future legislatures. In the future, that means the Legislature will only need a simply majority of lawmakers should they vote to alter, change or remove a statue or monument.
Here’s how State House leaders, lawmakers and other high-profile Republicans reacted:
Senate President Harvey Peeler, R-Cherokee
“The Supreme Court yielded a decision and I accept their ruling. The protections over all of our state’s monuments and statues were ruled constitutional and they will remain in place.”
House Speaker Jay Lucas, R-Darlington
“Today’s opinion by the Supreme Court on the Heritage Act reaffirms the General Assembly’s ability to make decisions concerning the names of this state’s monuments and memorials. While I am disappointed that the Court chose to overturn the crucial two-thirds requirement contained in the original law, the opinion makes clear that the General Assembly is the sole authority. I reiterate what I have consistently said since 2015: the South Carolina House of Representatives will not engage in or debate the specifics of public monuments, memorials, state buildings, road names or any other historical markers during my time as Speaker.”
State Rep. Seth Rose, D-Richland
“Today’s ruling confirms what many lawyers in the General Assembly already believed — that a two-thirds vote requirement was unconstitutional. It’s a step in the right direction to have this issue clarified and I remain hopeful that ‘Pitch Fork’ Ben Tillman will be removed from the State House grounds if not by us — then certainly our youth that will one day lead.”
Attorney General Alan Wilson
“I want to thank the Supreme Court for a very scholarly, well-considered, and well-documented opinion. Their unanimous ruling confirms our earlier opinion on the Heritage Act. We agree with the Court that the compromise concerning the Flag and which led to passage of the Heritage Act is one of the great achievements in South Carolina history.
The Court ruled unanimously that the two-thirds majority vote required by the act is unconstitutional but the rest of the act is constitutional and stands.”
This story was originally published September 22, 2021 at 6:04 PM.
