Why the Veteran Affairs Should Approve the Wiccan Pentacle
Author: Ashley Kinser
Posted: February 4th. 2007
Times Viewed: 568
The government should not limit what type of religious emblem a person can put on a headstone in a national graveyard paid for by United States taxpayers, but they are. On August 27, 1997, the Aquarian Tabernacle Churches Archpriest, Pete Davis, sent the first application to the Veteran Affairs. The application was to obtain the approval of "the Wiccan Pentacle [to be] among the emblems of belief that may be engraved on government issued headstones and markers of deceased veterans" (Egbert par. 1). Since 1997, Wiccans have not yet been approved nor denied (par. 2). As a result, Wiccans in the past have not been able to appeal to the courts about a decision because the Veteran Affairs has not made a final decision regarding the approval of the pentacle as the emblem representing Wiccan faith (par. 21). Wiccans want the pentacle to be "recognized in death just as the VA recognizes the faith preferences of other veterans" (par. 2). This is a problem that needs to be resolved immediately!
During the past nine years, Wiccans across the United States have applied for their emblem, a pentacle, to be approved as a religious symbol by the VA. Since there are an estimated 1,800 Wiccans in the military (Shane par. 16), they want the opportunity to be honored by having their emblem on their headstone or grave marker in a veteran cemetery; just as the other thirty-eight religious beliefs have been honored. Over the period of nine years, Wiccans have sent many applications, but each time the VA informs them that their regulations are in the process of changing, and they can re-apply after the regulations are changed (Egbert par. 27). At first they did not notify Rev. Davis of the ability to re-apply. Herein lies the question: why hasn't the pentacle been approved? "Prior to the Rev. Davis' application, the VA had no regulation governing the adoption of such emblems and 'additions and revisions to the list' of approved emblems' were the result of [the VA's] surveys of religious organizations and periodic monitoring of numbers of request for particular emblems of belief" (par. 23). When Rev. Davis first applied in 1997, the requirements for an emblem to be approved were "a written request signed by a recognized head of the Church, a brief description of the Church, and a camera ready copy of the requested emblem" (par. 25). Rev. Davis complied with these requirements by identifying himself "and his position in the Church, gave a brief overview of the Wiccan religion and attached a copy of the Pentacle, the Wiccan emblem of belief, described as a five pointed, interwoven star enclosed in a circle" (par. 22). So, what is the problem you might ask? He has submitted the required information, so what is stopping it from being approved? The answer is still up for speculation, nine years later.
The VA was negligent in responding to Rev. Davis for four years. The Secretary of the VA is the one who has the final say on whether the religious emblem receives approval or not. The Secretary of the VA currently is R. James Nicholson (par. 10). On Nov. 27, 2001, Nicholson replied to Rev. Davis' letter to include the pentacle as a recognized emblem. In Nicholson's response he informed Rev. Davis "that the VA was currently 'revising' its regulations regarding applications for inclusion of the new emblems on the list of government approved emblems for the military headstones and markers" (par. 24) In his response, there were various misleading statements. There were no existing regulations in 1997 when Rev. Davis submitted the application. To "refer to a 'revision' of prior regulations" (par. 25), there have to be regulations that have been in place prior to 2001 for them to be able to be revised. Even though six months prior to the letter, there was an "NCA Directive 3310" (par. 25) adopted as the VA's new regulations, Rev. Davis was not informed in either the Secretary's letter, nor about the fact that he was able to re-apply once regulation was in place. The NCA Directive 3310 added new requirements to the VA's previous requirements for a headstone marker; "a graphic depiction of the emblem of belief and a written description of its meaning were required" (Fox, par. 18). The additional requirements that was added in the NCA Directive 3310, was "' the recognized head of the organization' needed to make the application and provide 'a brief description of the organization, with specific information, to include national officers, number of chapters, the total number of members and years of operation in the United States, and affiliation with other organizations'" (par. 18). Ironically, Rev. Davis had already complied with the NCA Directive 3310 regulations with his previous application.
On many occasions, Rev. Davis wrote and submitted numerous applications to the VA, attempting to get the pentacle approved. "On December 15, 2003, Rev. Davis again wrote to the VA, reiterating his request that the Secretary take action on the ATC's application" (Egbert, par. 26). This letter included references to court case "Dettmer v. Landon, 617 F. Supp. 592 (E.D. Va 1985), aff'd, 799 F. 2d 929,930 (4th Cir. 1986), in which [the] Wicca [religion] was recognized as a religion entitled to the First Amendment protection" (par. 26). When there was no response from VA, "Rev. Davis sent a follow-up letter" (par. 27) on April 22, 2005. The VA responded on May 10, 2005, informing Rev. Davis "he had lost the December 15 letter, [and he] was revising the VA's guidelines and criteria, and would accept new application once the revisions had been completed" (par. 27).
From 1997 until now, Wiccans have sent in numerous letters to the VA. A Wiccan Veteran, Scott Stearns, who is currently employed by the VA, sent one of the applications in. Scott Stearns is also one of the petitioners who are trying to get the pentacle approved. Stearns has been a "member of the ATC since 1996" (par. 7). He, like the others, wants "the assurance of knowing that upon his death he will be allowed to display the emblem of belief corresponding to his religious affiliation on his headstone or marker" (par. 7). He started a message blog online that consisted of information, letters, and reactions to the problem at hand. One of those entries consisted of a request made by Wiccan, Michaela M. Barry. She requested to use the Freedom of Information Act to request "documents dating back to 1996," (Stearns par. 98) which pertains to the applications for new emblems. She was sent "a huge FedEx box with just about everything in it" (par. 97) In her findings, she found out that out of all the applicants, the Wiccan/Pagan community had submitted the majority of them. Even though over half was from Wiccans requesting the pentacle as a recognized emblem of faith, "none of them have been approved" (par. 97). Another disturbing fact she found was there was a repeated request from "the Pagan Headstone Campaign, for [... ] 'face to face' meetings [which] were denied, despite letters provided to Ms. Barry that referenced meetings have taken place between other groups and the VA Cemetery Administration" (par. 99). This is clearly discrimination.
The VA has three different variations of documented responses that were sent to Wiccan applicants as to why they haven't approved the pentacle, some dating back to 1997 (par. 97). "They are as follows: Response 1-'... we are reviewing the information and expect to make a decision within the next 30 to 45 days"' (par. 99). "A decision letter will be sent to you at that time... '" (par. 99). "Response 2-'... In order for us to make a determination to include the Wiccan emblem on VA's approved list, one [redacted] should provide the following information: A Written request to include the Wiccan emblem, signed by the recognized head of the organization'" (par. 101). " A brief description of the organization, with specific information to include national officers, number of chapters, the total number of members, and years of operation in the U.S. and affiliation with other organizations" (par. 102). "A 3 inch high reproducible camera-ready copy of the Wiccan emblem so that our contractors can determine if the emblem can be reproduced clearly and easily on a headstone or marker in a production-line environment" (par. 103). "Response 3-'... our response to these letters is pending until we obtain approval on new policy guidelines... ' (par. 104). These responses were given at various times in the prolonged nine-year process in which the Wiccans complied. For example, the response given to Rev. Davis that he received the first time he submitted the application, in August 1997, was Response 1 (par. 107). The ATC wrote twice in 2003 and 2005 and received no response. The Circle Sanctuary Church applied April 8, 2005; they complied with all guidelines in Response 2 and "they received Response 3 on May 8, 2005" (par. 113). Additionally to Wiccan churches, senators and congressmen such as: Senator Grassley, Senator Leahy [... ], Congressman Jenkins, [... ] Congressman Brady [... ] (par. 114) made requests to get the pentacle approved. There were ten different congressmen and senators that submitted a request from dates December 2003 until April of 2005 (par. 111).
If the VA was applying the same rules to all the other religions as they are with Wiccans, then Wiccans may not have a reason to believe they are being discriminated against; but they have approved eight other emblems. Some of the religions are "the United Church of Christ [that was approved on] May 13, 2003" (par. 116). This church did not even complete all the proper procedures that were required by "the 2001 Directive" (Egbert par. 34) by the VA, but the VA still approved it (par. 34); another religious emblem was approved for the American Humanist Association; the exact date of approval is unknown (Stearns par. 116). The VA has approved 38 other emblems, and eight of these were approved while the VA was supposedly changing their regulations, "typically within months" (Egbert par. 2). To not approve a religion that has complied with all the regulations that has changed over the nine year period is discriminating to Wiccans' rights as U.S. citizens. Not only is the VA discriminating, they are violating "the First Amendment of the United States Constitution and the Religious Freedom Restoration Act, 42 U.S.C. 2000bb" (par. 3). The Free Speech clause has been violated because the Veteran Affairs has imposed "viewpoint preferences on the speech of [Wiccan] veterans and their families" (par. 46). "The Free Speech Clause [also] forbids governmental censorship of particular religious viewpoints within government-sponsored fora" (par. 46). It is evident that the VA is imposing censorship of the Wiccan faith because they have never complied with "the Pagan Headstone Campaign" (Stearns 97) request to have face-to-face meetings with them (par. 97). They are violating this clause because of an apparent religious bias that the Secretary or the administration's voter base apparently views upon the Wiccan religion. This is proven by the VA never approving or denying the request of the pentacle as the Wiccan emblem of faith.
The VA is violating "the Establishment Clause of the First Amendment" (par. 47). They are in violation of this clause because '"the clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another' Larson v. Valente, 456 U.S.228, 244 (1982)" (Egbert par. 47). "The 'Establishment Clause... commands a separation of church and state"' (par. 48), while the 'Free Exercise Clause [... ] "requires government respect for, and non-interference with, their religious beliefs and practices of our Nation's people, Cutter v. Wilkinson, 544 U.S.709, 719 (2005) '" (par. 48). Since the First Amendment states this, it is evident that the VA is committing unlawful actions by not putting closure to the matter at hand.
The VA is violating the Religious Freedom Restoration Act as well. This act "provides that the federal government 'shall not substantially burden a person's exercise of religion... except... if it [the government] demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest; and is the least restrictive means of furthering that compelling governmental interest' 42 U.S.C. 2000bb-1" (par. 49). Clearly the Wiccan religion does not burden or restrict any governmental interest, so therefore, the VA should recognize the pentacle emblem. If the VA has a compelling governmental interest, this interest needs to be identified by the VA and shared with those filing petitions. The VA is clearly violating "the free exercise of religion of [the Wiccan] veterans and their families" (par. 49) by not approving the pentacle symbol.
As US citizens, we are protective of these rights. When they are violated for nine years, this becomes an issue that needs to be brought to court. In the past, Wiccans have not been able to appeal to the VA's decision on the emblem, because they have never officially approved nor denied, but on September 29, 2006 petitioners of the Wiccan faith issued a Writ of Mandamus (par. 51). It is stated by the petitioners of the Writ of Mandamus, "because the agency has deliberately refused to act, this court should issue an order in the nature of mandamus directing the agency to act on the pending applications and to grant Petitioners' request" (par. 3). The Wiccans have petitioned in the Federal and Short Circuit courts, along with the ATC; The Circle Sanctuary is applying as well to this petition (Davis par. 1). The VA has denied the ATC, but this is not stopping them. The petitioners are still waiting for the other judges to be assigned to the Circle Sanctuary case (par. 1). The VA's excuse was that the Wiccans that applied for the Writ of Mandamus were out of their jurisdiction, and that they need to file in a Federal Court, which they already have (Egbert v. Nicholson par. 4). It said also "petitioners have not shown the need for such a drastic, extraordinary remedy as mandamus at this time" (par. 30); "petitioners have not shown they lack an adequate alternative means to obtain the desired relief without the Court's action on the matter because Petitioners are invited to apply under the new regulation when it goes into effect in the near future" (par. 32). I do not agree at all with these statements. The evidence shows that Wiccans have in fact "shown a need for such a drastic, extraordinary remedy as [the writ of] mandamus" (par. 30). They have shown the need for the mandamus because no other way is possible, since the VA will not give them a direct answer. This has gone on for nine years; most religions received approval of their religious emblems within a few weeks to a couple of months. Petitioners have heard the story over and over again about what they can do when the new regulations are in effect. It shouldn't matter what their present regulation states. The lawful thing to do is for the Wiccans to be approved under the regulations in 1997 when the first application was submitted even though they still can comply with any new regulation the VA dictates.
One of the problems with the VA not approving the pentacle is not only is thatWicca a recognized religion [Dettmer v. Landon], but it is also recognized "by other governmental bodies" (Egbert par. 20). "The Internal Revenue Service first recognized Petitioner ATC as a tax-exempt Church in 1988" (par. 20). In 1991, the ATC was granted "exemption umbrella recognition in the Wiccan tradition, thereby allowing other Wiccan Churches to qualify as tax-exempt" (par. 20). The CNCI is also one of the many Wiccan churches that are tax-exempt; the "Correllian Nativist Church International, Inc. (CNCI) is a tax-exempt church formed in 1979 to provide religious services and support to the greater Wiccan community, including Wiccan veterans" (par. 9). This is a problem because since the IRS has approved Wicca, then the VA should not have any reason to question the Wicca religion in any way. They have no right to; it's not their job.
In the 1970's, the military included Wicca in the "military Chaplains handbooks, and for decades the military has allowed its members to list Wicca as their religion on military dog tags" (par. 19). These are many reasons why the VA should allow the pentacle as a recognized emblem. This military allows the recognition when the soldiers are alive; they should when they die, especially since they are presently fighting for our freedom. The war for freedom loses credibility when it will not allow the ones fighting for freedom to put their religious emblem on their headstone or grave marker.
The lawful, ethical, and logical action would be to approve the pentacle as the emblem representing Wiccan faith. Wiccans have been given the run-around for nine years; it is time for this drawn out approval to be official. There is not a lawful, ethical, or logical reason why, if the VA is going by the laws our forefathers have set to protect our rights, and by the compliant information the Wiccans have submitted numerous times, there should be no question. There should be an answer given; the pentacle's approval to the VA's emblems of faith list would be the only lawful, ethical, and logical answer to give Wiccans.
This issue is not a question of whether or not Wicca is right or wrong. This issue is a question of what's logically, ethically, and lawfully the right thing to do. The right thing is approving the pentacle as an emblem of faith. For a moment, put whatever religious belief you may have and think about if the tables were turned. How would you feel if you were in this situation? Wouldn't you want your death honored as your life was by allowing you to practice your beliefs on base, and label your faith on your dog tag? All the Wiccans want is justice. They deserve to have the pentacle as their emblem of faith approved, just as the other thirty-eight emblems of faith have been approved in the past.
One possible counterargument to resolving this issue would for Wiccans to pay for the pentacle themselves to be engraved on a VA headstone or marker. In the Patrick Stewart case, Roberta, Patrick's wife, was given that option, but she, like the rest of the Wiccans, believes that they shouldn't have to, especially when thirty-eight other religions that have submitted similar information have been approved. Patrick Stewart was a fallen solider in Afghanistan last year. Roberta wanted to honor their religion, just as the petitioners of the Writ Mandamus do. She wanted to place "his plaque on the Northern Nevada Veterans Memorial Wall in Ferley" (Shane par. 4). Chrystal, a friend and "a retired Navy Chaplain" (par. 12) states, '"It's not the government's job to second guess the value of a religion"' (par. 14). Stewart, finally, a little over a year later, received a little closure when she took her matter to Nevada courts, and they agreed with Stewart. Because it was at a state cemetery, it was approved. "Tim Tetz, executive director of the Nevada Office of Veteran Services, said: (Robinson par. 86) 'The VA still has not determined yet if a Wiccan symbol can go on the headstone"' (qtd. Robinson, par. 87). '"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"' (par. 87). The fight for all the other Wiccan veterans to get approved is still a battle that they will not give up on until they are approved.
This is a problem that can be solved, easily. The VA needs to put their personal biases aside, specifically what they think of Wicca, as a religion, and they must accept that the Wiccans have provided all the information required. They are in strict violation of the First Amendment and Religious Freedom of Restoration Act; this is obviously against the law and against the VA's persona to honor the religious beliefs of fallen soldiers. No matter what religious background soldiers have, they are fighting for our freedom, but yet they don't have the freedom to display their symbol of their faith. As a society, we are not supposed to limit what a person believes, just because it is not what a majority may believe. It is not our right to judge them. The Constitution protects that, even though some choose not to obey the Amendments. If the tables were turned and Wicca was the main religion everyone practiced, would they have an issue with the cross on a headstone? In my readings, I have found that they wouldn't because Wiccans encourage their believers not to be narrow-minded. ("US Army Chaplain's... " par. 19). They encourage them to research all religions, not just their own. It is said best by Charles Evans Hughes, "When we lose the right to be different, we lose the privilege to be free"(Hughes, par. 1).
