Judge rules Confederate memorial at Arlington Cemetery can be taken down after lawsuit halted removal

After a federal judge ruled a Confederate war memorial can be removed after hearing arguments Tuesday regarding a legal dispute over the fate of the memorial. 

"In accordance with this evening's court ruling, the Army will resume the deliberate process of removing the Confederate Memorial from Arlington National Cemetery immediately," said a representative from Arlington National Cemetery. "While the work is performed, surrounding graves, headstones and the landscape will be carefully protected by a dedicated team, preserving the sanctity of all those laid to rest in Section 16." 

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Work continues on the removal of the Confederate Memorial in Section 16 of Arlington National Cemetery, Arlington, Va., Dec. 20, 2023. (U.S. Army photo by Elizabeth Fraser / Arlington National Cemetery / released)

Congress had previously decided to remove the memorial from Arlington National Cemetery, and the Department of Defense supported the removal, but dismantling was halted Monday after a temporary injunction was issued. 

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. 

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.

READ MORE: Judge issues order keeping Confederate memorial at Arlington Cemetery for now

Defend Arlington says that preserving the memorial is essential, not only for historical reasons, but also because it symbolizes 'reconciliation' post-Civil War rather than glorifying the Confederacy.

"The woman at the top of the memorial was conceived by the sculptor himself, and it shows a woman turning a pruning hook into a plowshare, which is a symbol of don’t make war, make peace," said Scott Powell, a representative for Defend Arlington.

ARLINGTON, VIRGINIA - DECEMBER 19: A memorial to Confederate soldiers at Arlington National Cemetery is shown December 19, 2023 in Arliington, Virginia. A federal judge has temporarily barred the planned removal of the memorial after a lawsuit filed

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 The Associated Press contributed to this report. 

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