Widows sue to get symbol on military headstones

By SCOTT BAUER

The Associated Press

MADISON, Wis. -- The widows of two Wiccan combat veterans sued the government Monday, saying the military has dragged its feet on allowing the religion's symbols on headstones.

The Department of Veterans Affairs allows military families to choose any of 38 authorized headstone images. The list includes commonly recognized symbols for Christianity, Buddhism, Islam and Judaism, as well as those for smaller religions such as Sufism Reoriented, and the Japanese faith Seicho-No-Ie.

The Wiccan pentacle, a five-pointed star surrounded by a circle, is not on the list, an omission the widows say is unconstitutional.

Wiccans worship the Earth and believe they must give to the community. Approximately 1,800 active-duty service members identify themselves as Wiccans, according to 2005 Defense Department statistics.

The lawsuit claims that the VA has made "excuse after excuse" for more than nine years for not approving the symbol and that by doing so, it has trampled on the plaintiffs' constitutional rights of freedom of speech, religion and due process.

Americans United for Separation of Church and State, a Washington, D.C.-based group representing the plaintiffs in court, is seeking an order compelling the VA to make a decision.

"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," said the Rev. Barry Lynn, the group's executive director.

The lawsuit was filed in U.S. District Court in Madison and the U.S. Court of Appeals for the Federal Circuit in Washington.

In memos and letters cited by the lawsuit, Lindee L. Lenox, director of memorial programs for the veterans agency, said the government was reviewing the process for evaluating and approving new emblems and would not accept new applications until the review was complete.

The VA issued a statement Monday that outlined the procedure under way to create uniform standards under which new symbols can be accepted, but did not comment on the lawsuit itself.

Stewart said she wants the lawsuit to send a message that the government can't pick and choose which faiths appear on headstones.

"I'm hoping it's going to open the door to allow other pagan faiths to be approved," Stewart said.

Attorneys for Americans United argued in legal papers that it makes no sense for Wiccans to be excluded, saying that the Army allows Wiccan soldiers to list their faith on dog tags, that Wiccan organizations are allowed to hold services on military installations and that the Army Chaplains Handbook includes an explanation of the religion.