Church-state group threatens suit over Wiccan veterans' markers

October 4, 2006

WASHINGTON (RNS) The federal government may soon face a lawsuit for its failure to recognize the Wiccan symbol as an approved emblem for U.S. veterans' memorial plaques.

In a letter to the Department of Veterans Affairs, Americans United for Separation of Church and State asked the agency to approve the inclusion of the Wiccan pentacle, a five-pointed star contained in a circle, as a symbol on veterans' memorials.

The group insisted that the government act by Oct. 10 or face legal action.

Veterans Affairs has delayed for years on an issue that amounts to unconstitutional discrimination against Wiccans on the basis of their religion, according to Americans United, a Washington-based church-state watchdog group.

"Our clients are prepared to take legal action, but we hope that won't be necessary," said Richard B. Katskee, assistant legal director for Americans United, on Tuesday (Oct. 3).

Americans United represents a prominent Wiccan group, Circle Sanctuary, and two of its members who are widows of U.S. veterans. Roberta Stewart lost her husband, Sgt. Patrick Stewart, when he was killed in action last year in Afghanistan. Karen DePolito's husband, Jerome Birnbaum, a Korean War veteran, died last year.

There are about 2,000 Wiccans in the U.S. armed services, Katskee said. But the Wiccan faith -- which involves nature worship and belief in magical powers -- is not on the U.S. Department of Veterans Affairs' list of 38 approved religions.

The agency approved the emblems of several other religions in recent years in a matter of months, including the Sikh and Soka Gakkai Buddhist emblems, according to Americans United.

By not approving the Wiccan symbol, Veterans Affairs appears to be favoring one religion over another, the group said.

Last month, the Nevada Office of Veterans Services approved the display of the Wiccan symbol on Sgt. Stewart's plaque in the Northern Nevada Veterans Memorial Cemetery in Fernley, despite the lack of federal approval.

The VA did not have an immediate response to the threat of the lawsuit.

-- Rebecca U. Cho