Park Service changes mind, lets Knights of Columbus hold Mass at Poplar Grove cemetery
PETERSBURG – Mass will be celebrated at a national cemetery this year following Thursday’s dismissal of a lawsuit over denial by the National Park Service to allow it.
Attorneys for the Petersburg-based Knights of Columbus Council 694 and First Liberty Institute agreed to drop the suit after the park service, which operates Poplar Grove National Cemetery on Vaughan Road on the outskirts of Petersburg, reversed its decision and granted a permit to conduct the service. The denial was based on a longstanding but little-noted NPS policy classifying religious services at national cemeteries as prohibited “demonstrations.”
According to papers filed Thursday in U.S. District Court in Richmond, all parties in the lawsuit “stipulate to the dismissal of this action without prejudice.” Each party will bear its own fees and costs.
No reason was stated in the record for the dismissal. A message left with NPS seeking comment was not immediately returned.
Lawyers for the plaintiffs praised the decision.
“The Knights are thrilled that they will be able to exercise their religious beliefs and keep this honorable tradition alive,” First Liberty counsel Roger Byron said in a statement.
Added John Moran, a partner with McGuireWoods in Washington: “We are grateful to the NPS for allowing the Knights to hold their service this Memorial Day.”
Quick resolution to suit
First Liberty, a Texas-based faith group, and McGuireWoods sued the park service earlier this week following the denial. KoC 694 had conducted the service at Poplar Grove for almost six decades until last year when NPS told the group it was going to adhere to longstanding policy prohibiting religious services and other demonstrations in national cemeteries.
KoC 694 still held the Memorial Day observance but at another location.
According to NPS policy adopted in 1986 and reaffirmed in 2014, demonstrations inside national cemeteries include "picketing, speechmaking, marching, holding a vigil or religious service, or any other like form of conduct that involves the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to attract a crowd or onlookers.”
Last March, KoC 694 submitted a new request to hold the services at Poplar Grove. According to court records, the group did not learn of NPS’ denial until two months later, on May 17.
Virginia politicians weighed in
Gov. Glenn Youngkin and Attorney General Jason Miyares sided with the plaintiffs in the action. On Thursday, Miyares’ office released a brief it filed with the court favoring the right to hold the service.
“It is difficult to conceive of a more blatant violation of the Free Exercise Clause or the federal Religious Freedom Restoration Act,” Miyares wrote in the brief.
Thursday afternoon, Miyares issued a statement applauding the decision.
“I’m pleased that the Petersburg Knights of Columbus was granted access to observe Memorial Day and gather to pray and mourn the loss of fallen military personnel," he said in the statement. "The First Amendment very clearly allows religious and non-religious groups to hold these types of gatherings on government grounds. It’s shameful and un-American that they were denied in the first place.”
In his statement, Byron thanked Youngkin and Miyares for their “tremendous support in this case.”
Memorial Day is Monday, May 27.
Bill Atkinson (he/him/his) is an award-winning journalist who covers breaking news, government and politics. Reach him at batkinson@progress-index.com or on X (formerly known as Twitter) at @BAtkinson_PI.
This article originally appeared on The Progress-Index: Knights of Columbus gets permission to hold Mass at national cemetery
