The Knights of Columbus has asked a federal court to allow it to hold its annual Memorial Day Mass inside a national cemetery in Petersburg, Virginia, a tradition that dates back over 60 years, after being denied a permit by the National Park Service.
The motion for a temporary restraining order was filed Tuesday in U.S. District Court for the Eastern District of Virginia (Richmond Division) by the Knights of Columbus Petersburg Council 694, which has held a service at the Poplar Grove National Cemetery since at least the 1960s.
“The policy and the decision blocking the Knights of Columbus from continuing their long-standing religious tradition is a blatant violation of the First Amendment and the Religious Freedom Restoration Act,” said John Moran, partner at McGuireWoods LLP in Washington, D.C.
“We urge the court to grant our restraining order and allow the Knights to hold their service this Memorial Day,” he said.
The fraternal Catholic organization sued after officials at the Petersburg National Battlefield rejected for the second year in a row the council’s application to hold the cemetery Mass, but offered to let them use a location “immediately adjacent to the cemetery.”
“National Cemeteries are established as national shrines in tribute to those who have died in service to our country, and as such any special activities within the cemetery are reserved for a limited set of official commemorative activities that have a connection to military service or have a historic and commemorative significance for the particular national cemetery,” said Alexa Viets, superintendent of the Petersburg National Battlefield, which includes the cemetery.
She told The Washington Times that federal regulations “prohibit the Battlefield from authorizing individuals or organizations to host a special event within National Cemeteries to protect the atmosphere of solemnity, quiet contemplation and tranquility within this space.”
The First Liberty Institute, which also represents the council, attributed the permit denial to a 2022 NPS policy update that designates “religious services” as “demonstrations” that are prohibited at national cemeteries.
National Park Service blocks Knights of Columbus Memorial Day Mass at Poplar Grove National Cemetery in Virginia - https://t.co/nTd20TJpPz - @washtimes @twthigherground @KoC #1A #Petersburg
— Valerie Richardson (@ValRichardson17) May 16, 2024
Memorial Day services at national cemeteries are a longstanding Knights of Columbus tradition.
In fact, another Knights council is holding its annual Memorial Day Mass at the Andersonville National Cemetery in Andersonville, Georgia, an event being promoted by the NPS on its website.
Memorial Day, which is observed annually on the last Monday in May, falls this year on May 27.
Roger Byron, First Liberty senior counsel, argued that the agency’s decision to deny the Petersburg council violates the First Amendment and Religious Freedom Restoration Act.
“The National Park Service is way out of line,” he said. “This is the kind of unlawful discrimination and censorship RFRA and the First Amendment were enacted to prevent. Hopefully, the court will grant the Knights the relief they need to keep this honorable tradition alive.”
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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