SC Supreme Court says state law that protects monuments can stand without supermajority vote requirement


COLUMBIA, SC (WSPA) — The Supreme Court of South Carolina has issued a ruling in a case surrounding the Heritage Act.

The state law was passed in 2000. Officials said the General Assembly originally passed the law to remove the Confederate flag from the top of the dome at the State House. They also wanted to address other issues surrounding monuments and memorials.

The law included a provision that said monuments and memorials, including Confederate monuments, can only be changed with a two-thirds super majority vote by the General Assembly.

After listening to arguments in May, justices issued a ruling Wednesday afternoon.

They ruled the supermajority vote requirement for the General Assembly to make changes was unconstitutional. They wrote, “The 113th General Assembly like all legislatures had no authority to restrict the power of future legislatures to act by majority vote.” From now on, lawmakers would need a simple majority vote to make changes.

Through a severability clause included in the Heritage Act, the rest of the law would stand if a portion was struck down or repealed.

State Supreme Court justices upheld the rest of the the law giving the General Assembly the power to rename or remove monuments. Petitioners argued that power should belong to local officials.

You can read the full ruling by clicking or tapping here.

This is a developing story.


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