Texas Supreme Court Plaques
Lawsuit Background

Texas Supreme Court Plaques Case

LAWSUIT BACKGROUND

 

This case, which is still generating news and headaches for President Bush (see current story:), was filed 4 years ago on behalf of Texas Division SCV Commander Denne Sweeney and later on behalf of the Division itself by the Southern Legal Resource Center.

 

The suit seeks to declare unconstitutional, then Gov George Bush's removal of the Confederate Memorial Plaques from the foyer of the Texas Supreme Court Building - a building built with Confederate pension money and designated by a constitutional amendment (voted on by the people of Texas) to be a memorial to Texans who served in the armed forces of the Confederate States of America (see Gov Bill Daniel & the Story of the Confederate Memorial Plaques). The two bronze plaques were removed on Friday, June 9, 2000, in the dead of night to prevent a temporary restraining order filed by the SLRC from being appealed to the Court of Appeals the following Monday.

 

The Original Plaques placed in 1962 read:

I RELY ON TEXAS REGIMENTS IN ALL TIGHT PLACES, AND FEAR I HAVE TO CALL UPON THEM TOO OFTEN. THEY HAVE FOUGHT GRANDLY, NOBLY, ... ROBERT E. LEE (with Confederate Battle Flag)

(Great Seal of the Confederacy) DEDICATED TO TEXANS WHO SERVED THE CONFEDERACY

The "Lee Quote" Plaque was replaced with:

 

THE COURTS OF TEXAS ARE ENTRUSTED WITH PROVIDING EQUAL JUSTICE UNDER THE LAW TO ALL PERSONS REGARDLESS OF RACE. CREED OR COLOR.

 

The "Great Seal Plaque" was replaced with:

 

BECAUSE THIS BUILDING WAS BUILT WITH MONIES FROM THE CONFEDERATE PENSION FUND, IT WAS, AT THAT TIME, DESIGNATED AS A MEMORIAL TO THE TEXANS WHO SERVED THE CONFEDERACY

 

After extensive archival research performed by Attorney Charles Nettles and constitutional, statutory and legal research performed by Attorney Robert N. Jones, Jr. and the SLRC legal staff, the Southern Legal Resource Center filed suit on behalf of Texas Division on June 9, 2000 date. This lawsuit initially sought a Temporary restraining order to prevent the removal of the plaques - which appeared imminent.

 

The Court refused to intervene and the very evening of the denial of the Temporary Restraining Order and before an appeal could be filed, the Plaques were jack-hammered off the building with the complete approval and cooperation of Governor Bush and the Texas Supreme Court.

 

Months of hearings and legal wrangling before the General Services Commission (the State entity who physically removed the plaques now the Texas Building and procurement Commission) followed as Texas Division tried amicably to resolve the issue without prosecuting the lawsuit. The State of Texas was given every opportunity to do the "right thing" before pushing the lawsuit was resolved on as the only remaining alternative. The lawsuit was significantly amended and is yet unresolved.

 

Immediately after the Plaques were removed a vigil sprung up in front of the Supreme Court Building. Complete with copies of the original plaques and a spray of Confederate flags, the vigil sought to inform Texans as to the illegal removal of the plaques and their significance to the building. For 3 years between 2-20 vigil keepers stood in front of the Supreme Court plaza almost every work day for 2 hours at lunch-time.

 

Texas Division retained Dallas attorney Bill Kuhn to proceed with the lawsuit in September, 2002.

 

Why the Plaques Case is so important to every Texas citizen and every American

 

When a sitting Governor (Who is now the President of the United States) can violate the Texas Constitution he is sworn sworn to uphold to enable him to cut political deals to help his Presidential campaign is an issue of concern to ALL Americans.

 

Although no longer attorney's of record on the case, the SLRC has a continuing interest in the litigation we researched, crafted and commenced.  We hope this page will help educate all Americans as to the critical importance of this case.

 

Respectfully submitted,

 

Kirk D. Lyons

Original counsel of record 2000-2002 for Denne Sweeney and the Texas Division Sons of Confederate Veterans