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In August 2017, a national debate about the display of Confederate flags and monuments once again gained steam after a protest of the planned removal of a statue of Confederate General Robert E. Lee from a park in Charlottesville, Virginia turned deadly. In the wake of that incident, several cities (and protestors) moved to quickly take down monuments, statues, and plaques. Meanwhile, rumors appeared that Congress had passed two laws retroactively declaring Confederate soldiers United States veterans, which means that removing the statues is illegal. Some of the claims were bolstered by a link to an extremely dubious web site: The rumor also appeared as a meme on the Facebook page Uncle Sam's Misguided Children on 16 August 2017: The same image was previously shared by the same Facebook page in a July 2015, just after a gunman in Charleston, South Carolina, killed nine black churchgoers. According to the meme, two acts of Congress (Public Law 810 of 1929 and Public Law 85-425 of 1958) bestows upon Confederate soldiers the benefits and status of a United States military veteran. Public Law 810 refers to Part II, Chapter 23 of U.S. Code 38 which says that the government should, when requested, pay to put up monuments or headstones for unmarked graves for three groups of people: No portion of the law appears to confer any privilege other than markers for graves of Confederate soldiers, nor does it grant Confederate soldiers status equal to those of veterans of the United States military. As of 1901, 482 individuals (not all soldiers) were already interred in the Confederate section of Arlington National Cemetery. In 1868, President Andrew Johnson pardoned Confederate soldiers, but did not grant them U.S. veteran status. Public Law 85-425 was passed 23 May 1958, entitling the widows of deceased Confederate soldiers (what few were left by 1958) to military pensions: A National Archives and Records Administration document details the matter of Confederate soldiers and pensions, and shows that the law seems to recognize those who fought for the Confederacy as veterans of a war, but not necessarily of the United States military. The last recorded Confederate soldier deaths were in 1959, meaning that the 1957 law had negligible effects for those under its provisions, and in any event the law again conferred no status or other benefit to Confederate soldiers themselves. We reached out to several historians, none of whom wished to be quoted on the record. Several were dubious about the purported laws. One, a scholar who specializes in the Civil War and Reconstruction, told us that he, too, had trouble locating them: The cited ruling did not recognize the flag of the Confederacy as a legitimate American flag suitable for display in veterans' memorials. The Veterans' Affairs document to which the historian pointed, Federal Stewardship of Confederate Dead, contained historical context about Confederate burials and the evolution of federal involvement in the interment of their dead, and included President William McKinley's 1898 remarks to legislators in Georgia, noting that was a time when no disabled Confederate veteran was eligible to live in a federal soldier’s home, receive a pension, or, when they died, be buried in a national cemetery: Until the turn of the 20th century, United States government interment of Confederate soldiers generally involved deceased prisoners buried during the Civil War on Union lands. In 2013, The Atlantic reported that the United States government continued to follow through on its subsequent promises to provide for all Confederate war dead: When a debate over Confederate monuments and flags came under the national spotlight in June 2015, codified changes in burials and pensions enacted in 1929 and 1958 were puffed up to suggest that a nebulous act of Congress, either in the 1920s or the 1950s, officially declared that Confederate soldiers were the same as United States veterans in the eyes of the federal government. However, no legislation either explicitly or implicitly granted Confederate soldiers status as United States veterans. Survivors of dead Confederate soldiers often took offense at measures appearing to equate them to Union soldiers, objections that died off as Southerners from the Civil War era did.
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