NC Court of Appeals rules Graham Confederate monument cannot be removed by Alamance County

The National Association for the Advancement of Colored People was the first in a long line of plaintiffs in a lawsuit against Alamance County and its Board of Commissioners for protecting the Confederate monument located in front of the county courthouse in Graham.

The North Carolina Court of Appeals ruled in favor of the county commissioners on March 19, stating that the commissioners lack the authority to move the monument due to North Carolina’s Monument Protection Law — which states that “a monument, memorial, or work of art owned by the State may not be removed, relocated, or altered in any way without the approval of the North Carolina Historical Commission.”

In the opinion of the court, the Justices added that the federal government recognizes military service as part of the Confederate Army. 

“The record conclusively shows that the Monument is a monument located on public property which commemorates military service that is part of North Carolina’s history. In so concluding, we note our federal government recognizes that service in the Confederate Army qualifies as 'military service," the court wrote.

The case was initially filed on March 30, 2021 by North Carolina State Conference of the NAACP, the Alamance County branch of the NAACP, Down Home NC, Engage Alamance and many others — including Elon Town Council member and Senior Pastor for the Elon Community Church the Rev. Randy Orwig.

“Being a clergy person in the county gave me that ability to balance the plaintiffs in terms of being representational of many clergy in the county who feel that this no longer serves our values,” Orwig told Elon News Network in 2021 when the suit was filed. “Even though there are some people who still want to call it heritage, the monument itself represents inhospitality.”

This suit was filed against all five members of the Alamance County Board of Commissioners, stating that maintenance and protection of the Confederate monument is unconstitutional, and that it should be moved from its current location on Courthouse Square to a “historically appropriate location.” The case was heard by the Court of Appeals on Nov. 14, 2023. 

Graham’s Confederate monument was ordered by the Alamance County Chapter of the United Daughters of the Confederacy in 1912 and was later dedicated on May 16, 1914. Since then the monument has been the subject of numerous controversies, events and protests — especially at the height of the George Floyd era in 2020. Elon University President Connie Book also called for the removal of the statue in 2020. 

The statue is currently located across the street from Sesquicentennial Park, where Wyatt Outlaw was lynched on Feb. 26, 1870 by members of the White Brotherhood.