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Judge allows Wiccan lawsuit to proceed

MADISON, Wis. — A federal lawsuit filed by Wiccans against the Department of Veterans Affairs will proceed despite a request by the VA that it be put on hold for perhaps as much as a year.

The lawsuit, filed in November, accuses the VA of coming up with “excuse after excuse” for more than nine years for not putting the Wiccan symbol on grave markers of veterans who were members of that religion. The department does not allow Wiccan religious symbols on veterans’ headstones in national cemeteries.

The VA argued in a motion filed Jan. 19 with the U.S. District Court in Madison that the lawsuit should be put on hold while the department finalizes a new rule governing symbols on gravestones. That process could take as long as 12 months, but the agency will make a decision on the Wiccan request within a month after the new rule is issued, the government’s motion said.

The Wiccans’ attorney objected, arguing that nothing requires the VA to finalize its rules within a year or to take up the Wiccan request at all.

U.S. District Judge John Shabaz issued a one-line order Jan. 26 allowing the case to proceed. He set a trial date for June 29.

“We’re pleased that the litigation will go forward, and the VA will not be able to delay further coming to the right decision and giving the families of veterans the memorials that they’re entitled to,” said Richard Katskee, lead lawyer in the case for Americans United for Separation of Church and State.

U.S. Attorney Erik Peterson, who is defending the government, did not immediately return a call seeking comment.

Selena Fox, a Wiccan high priestess with Circle Sanctuary in Barneveld, praised the judge’s decision.

“The VA’s decadelong pattern of delay, disregard and discrimination against the Wiccan religion must stop,” she said. “The thought of possibly having to wait more than a year to have our case heard was terrible.”

The Wiccan faith is founded on respect for the earth, nature and the cycle of the seasons.

The Wiccan symbol is a pentacle, a five-pointed star representing earth, air, fire, water and spirit. Variations not accepted by Wiccans have been used in horror movies as a sign of the devil.

The lawsuit argues that the department’s refusal to act on requests to permit the symbol on veterans’ grave markers violated Wiccans’ constitutional rights of freedom of speech, religion and due process. The lawsuit seeks an order compelling the VA to make a decision.

The lawsuit was filed by Circle Sanctuary, Isis Invicta Military Mission, a Wiccan and Pagan congregation serving military personnel based in Geyserville, Calif., and two widows of Wiccans — Roberta Stewart of Nevada and Karen DePolito of Utah.

The lawsuit says it makes no sense for Wiccan symbols to be banned from grave markers when Wiccan soldiers can list their faith on dog tags, Wiccan organizations are allowed to hold services on military installations, and the Army Chaplains Handbook includes an explanation of the religion.

Americans United also objects to the VA’s proposed rule covering acceptance of new symbols on grave markers, Katskee said. It contains guidelines that give the VA too much discretion in deciding what to allow and does not have a firm enough timeline governing the process, he said.

“It leaves a lot of room for the government to reject things out of hand,” Katskee said.

The VA has suspended consideration of all requests while the new rule is being drafted. A message left with its public affairs office was not immediately returned.

The VA currently allows 38 religious symbols to be placed on gravestones. The list includes commonly recognized symbols for Christianity, Buddhism, Islam and Judaism, as well as those for smaller religions such as Sufism Reoriented, Eckiankar and the Japanese faith Seicho-No-Ie.