AU FILES SUIT AGAINST VA IN PENTACLE QUEST
By Christopher Blackwell

On Nov. 13 Americans United for Separation of Church and State filed suit against the the United States Department of Veterans Affairs over its refusal to include the Wiccan symbol of faith on its official list of emblems for government headstones and markers.

The legal challenge was filed in both the U.S. District Court in Madison, WI and in the U.S. District Court of Appeals for the Federal Circuit in Washington, DC. The lawsuit says that the VA has made excuse after excuse for more than nine years for not approving the symbol.

Americans United is representing four plaintiffs:

1) Roberta Stewart, whose husband, Army National Guard Sgt. Patrick Stewart, was killed in Afghanistan in Sept. last year.

2) Karen DePolito, whose husband, Jerome Birnbaum, was a Korean War veteran who died last year.

3) Circle Sanctuary, a Wiccan church based in Wisconsin.

4) Isis Invicta Military Mission, a Wiccan and Pagan congregation based in California.

The filing of the litigation was announced at the National Press Club in Washington, D.C. by Americans United executive director Barry W. Lynn, Circle Sanctuary’s senior minister Rev. Selena Fox, Roberta Stewart, and Americans United Assistant Legal Director Richard Katskee.

On Nov. 13, the AU press release reported that Lynn told the press club, “For far too long, the VA has discriminated against service members of the Wiccan faith. After asking the VA on a number of occasions to stop its unfair treatment of Wiccans in the military, we have no alternative but to seek justice in the courts.”

The lawsuit charges the VA with violating Wiccans’ First Amendment rights.

The lawsuit said. “Because their loved one lacked the good sense to subscribe to one of the department’s officially approved religions, the National Cemetery Administration forbids them to acknowledge the faith the way that other veterans’ families do.”

Stewart and Circle Sanctuary have repeatedly called on the VA to include the pentacle and had been promised an answer in late Feb. But so far the VA has delayed giving an answer.

The earliest Wiccan request began almost a decade ago. During that time the VA has approved the symbols of six other religions -- including the Sikh emblem that was approved in just a few weeks.
The VA’s list of 38 approved symbols includes emblems for Atheists, Humanists, Sokagakai, Eckankar, Hindus , Muslims, Buddhists, Jews and more than a dozen for various Christian denominations.

Stewart is awaiting a plaque that the state of Nevada will provide, since the VA has so far refused. The state determined, that because the cemetery was on state land, VA had no say so on state veteran cemeteries.

Stewart remains committed to the suit for the benefit of all the other Wiccan military people, veterans and their families so that they won’t have to face the legal fight she has endured.

Stewart said, “I won’t rest until the VA recognizes the pentacle as an emblem of belief. I will continue to fight the department’s discriminatory policy on behalf of other Wiccan service members and their families.”

On Nov. 14, Stars and Stripes reported that Stewart said she wants Wiccan Pagan soldiers “ just to have the same freedoms as any other soldiers have.”

Rev. Fox said, “I’m appalled. I never thought I’d have to sue the government to get the Constitution upheld.”

The same day Fox News reported that Rev. Fox said, "I honestly think there must be some people who don't want to acknowledge that the religion should be entitled to the same rights as other religions,"