ROBERTA STEWART CONTINUES QUEST FOR VA PENTACLE
By Christopher Blackwell

September and October were two very busy months for Roberta Stewart, widow of Sgt. Patrick Stewart, and Rev. Selena Fox, head minister of Circle Sanctuary, in the continued quest to get the VA to recognize the pentacle for Wiccan veterans headstones.

Nevada grants Sgt. Stewart right to memorial plaque with pentacle

On Sept. 13, Circle Times [of Circle Sanctuary] reported an important new development in Roberta Stewart’s quest for a pentacle for her husband’s memorial plaque. The Nevada Office of Veterans Services (NOVS) announced that they were taking State action to get Sgt. Stewart’s plaque with pentacle produced.

In a press release from NOVS announced, under advisement of the Nevada Attorney General's Office, that Nevada state veterans cemeteries were solely under control of the State of Nevada and that federal officials have no authority over them. As a result the Nevada Office of Veteran Services could have a contractor construct the plaque with the pentacle.

The Las Vegas Sun reported, the same day, NOVS executive director Tim Tetz said,”The VA still has not determined yet if a Wiccan symbol can go on the headstone. But we have determined we control the state cemetery and that we therefore have the ability to recognize him for his service to his country.”

Tetz said the plaque would be installed on the memorial wall next to one honoring his crewmate Chief Warrant Officer John Flynn.

"I promised his widow and many others that we would diligently pursue every option to make certain Sgt. Stewart received recognition for his contributions as an Army soldier, a Nevadan and an American hero," said Tetz.

Those in Nevada who had unsuccessfully pleaded Roberta Stewart’s request with the VA included Gov. Kenny Guinn, Sen. Harry Reid, D-Nev., and Rep. Jim Gibbons, R-Nev.

The Nevada Attorney General cited part of a federal regulation on federal cemeteries that reads: "Neither the Secretary nor any employee of the Department of Veterans Affairs shall exercise any supervision or control over the administration, personnel, maintenance, or operation of any State veterans cemetery."

The Las Vegas Sun reported Mrs. Stewart said that she hoped that the plaque would be in place in time for the anniversary of her husband’s death.

Mrs. Stewart said, "I'm proud that my state of Nevada is overriding the national VA to do this. It gives me great peace to know my husband did not die in vain. But the quest will continue. There are still other Wiccans who may not receive a pentacle because they do not live in Nevada.”

The adjutant general of Nevada's National Guard, Brig. Gen. Cindy Kirkland welcomed the news.

The Las Vegas Sun reported Kirkland said, "We are proud of the combat service of every Nevada National Guardsman and I am pleased we are able to recognize Sgt. Stewart's sacrifice and the ideals for which he stood."

Sgt. Patrick Stewart enlisted in the Army in 1989 and served in Desert Storm and in Korea. After completing his active duty, he enlisted in the Nevada Army National Guard in 2005 and went to Afghanistan with Task Force Storm. His helicopter was shot down in Sept. 2005.

Americans United jumps into fray

In its news release of Sept. 26, Americans United said it had sent a letter to the VA giving it 14 days to approve the pentacle or face litigation.

AU is representing Circle Sanctuary and two of its members Roberta Stewart and Karen DePolito. DePotito’s husband, Jerome Birnhaum is a Korean War veteran who died last year.
Though the Nevada Office of Veterans Services announced in September that the Wiccan symbol would be inscribed on Sgt. Stewart’s plaque, the VA has continues to refuse to recognize the Pentacle.

In a five-page letter sent to Secretary of Veterans Affairs R. James Nicholson and Under Secretary for Memorial Affairs William F. Tuerk, the AU’s Litigation Counsel Aram A. Schvey wrote that the VA’s continued refusal to recognize the Wiccan symbol violates the Constitution.

Schvey wrote, “The VA has pursued a path of discriminatory delay for the past nine years, refusing to add the pentacle while simultaneously adding the symbols of other faiths, in plain violation of the Constitution, well-established administrative law, and common decency.”

He concluded that the VA’s continued violation of constitutional rights of veterans must not be allowed and that litigation is unavoidable if the VA continues to exclude the Symbol from its list of approved emblems.

Memorial service in Fernley, Nev.

On Oct. 3, the Leader-Courier reported on the Sept. 25 memorial service in Fernley for Sgt. Stewart and his four comrades held at the Northern Nevada Veterans Memorial Cemetery near Sgt. Stewart’s hometown.

At Monday’s ceremony Mrs. Stewart said, “We are here to honor my husband and the sacrifices he made.”

Reverend Selena Fox, of Circle Sanctuary, said that while they were standing at the memorial wall that candles were lit for the five soldiers that died in Operation Enduring Freedom.

Fox then lit a candle in remembrance for soldiers Sgt. Stewart, Chief Warrant Officer John Flynn of Sparks, Sgt., Kenneth Ross Peoria, Arizona, Sgt. Tate Baum of Pendleton, Ore., and Warrant Officer Adrian Stump, Pendleton, Ore.

Rev. William Chrystal, their former military chaplain, told how when Sgt. Stewart came home from Desert Storm and joined the National Guard, that he loved flying low over northern Nevada to see the mustangs.

He recalled Chief Warrant Officer Flynn coming home from flight school and then starting his family.

Thoughout his prayers he reminded people of American’s religious freedoms. Chrystal said, “Oh Creator, Great Spirit, Heavenly Father, we call you by an endless variety of names.”

He said, ”Freedom isn’t something we can take for granted. Freedoms for which Pat and John and others died are freedoms which can be snatched from us at any moment.”

Chrystal said, “We are here to remember them and the freedoms for which they fought, especially to worship you in one’s own way and to express it as he or she feels is appropriate.”

Rev. Fox said there were Wiccan families of other soldiers killed in Iraq, Korea, and Vietnam, who were also fighting to have the Wiccan emblem on grave markers.

She said, “Let us focus on the importance of American tradition of freedom and religious liberty for all. Let each of us pray… that all of our American freedoms are upheld.”

At the end of the 22-minute ceremony a bell was rung 22 times in tribute to Mustang 22, the call number of the Chinook helicopter that the men died on when it was shot down.

Memorial service in Reno

The Las Vegas Sun reported on Sept. 26 about a memorial service, in Reno, Nev., marking the anniversary of death of Sgt. Patrick Stewart and four comrades in Afghanistan.

Roberta Stewart praised the state leaders for recognizing his Wiccan faith.

At the downtown Veteran’s Memorial, Stewart said that they were there to remember her husband, his comrades and their sacrifices.

As to the state promise of a memorial plaque with a pentacle, Stewart said she hoped it would be ready for Patrick's birthday on Oct. 31.

The Las Vegas Sun reported Stewart said, "The state of Nevada did what was right, and all of its delegates came forth and stood strong for the Constitution. Now it's time for the federal government to do the same, and recognize all faiths. This is America.”

She said that unless the VA changes its stance, she will file a lawsuit.

The Rev. Fox said she has been pushing the VA on requests for the pentacle for years.

Fox said the VA actions defy the constitutional protections of religious freedom. She said, “Just because it's guaranteed doesn't mean it's implemented.”