Americans United vs. Nevada VA

Should the Pentacle be a "Symbol of Belief"?

    The sacrifices that members of the US military make for their country are and have always been held in high regard by Americans. The praise and respect that veterans receive have been earned. While those who return home safely to the US receive high honor and praise, those who do not earned this even moreso. Sgt. Patrick D. Stewart was one of these men who gave is life in Afghanistan in September of 2005. Sgt. Stewart's wife, Roberta Stewart, rightfully believed that her husband should be memorialized in a way that was meaningful for him and his family. However, she being denied the right to do so by the VA. 

    The Stewarts were practicing members of the pagan Wicca religion. Mrs. Stewart wanted to place the symbol of their religion (the pentacle, pictured below) on a memorial marker on the Wall of Heroes at the Northern Nevada Veterans Memorial Cemetery (pictured below). Her request was denied by the VA, who stated that the symbol was not on the list of "approved symbols." While Mrs. Stewart's request for the inclusion of the pentacle on her husbands memorial was denied, it should be noted that there were 38 symbols that were approved. These 38 symbols represented a wide variety of religions and non religions, popular and unpopular. Americans United argued against the VA's denial on behalf of Mrs. Stewart, and filed a case in federal court. 

        The denial by the VA raises multiple constitutional questions regarding the First Amendment, and specifically the "free exercise" clause. Mrs. Stewart felt as though in order to properly honor her husband and be true to their faith, she must include the symbol of their religion on her husbands plaque. When she was denied this, she stated, “I was in shock the day I ordered my husband’s memorial plaque and was told I could not put our emblem of faith, the pentacle, on that plaque,” Stewart said. “I cried for days.  I never thought my own government would take the freedoms my husband and I held so dear away from us." She never expected that she would be denied the practice of her religion like everyone else was allowed. Mrs. Stewart was only looking for equal treatment through the inclusion of the pentacle on her husband's memorial. Denying Mrs. Stewart the right to use symbol of Wicca would be extremely discriminatory, since there are 38 other symbols that are allowed. Not only this, but it would be discriminatory towards a minority religion that is entitled to the same protection and rights as majority religions like Christianity.  It is clear that in this case the VA has no compelling interest in denying Mrs. Stewart the right to place her religious symbol on her husbands plaque. The inclusion of the pentacle would be causing harm to nobody, and cannot possibly be understood as an establishment of religion, granted the allowance of 38 other symbols. 

    If the VA was to have its denial upheld, it would set dangerous precedents that have the potential to eat away at religious freedom, and more specifically, the common expression of religion on memorials. A court ruling in favor of the VA would encourage entanglement between the state and religious practices and expression that could get all to close to state interpretation of sincerity or validity. For example, the VA might have the capacity to deny another religious minorities from including their religious symbol on a memorial because they do not regard that religion or its practices to be valid or sincere.  The list of 38 is named, "symbols of belief." If the pentacle was to be barred from this list that would mean that that the practice is not deemed a symbol of belief by the state. While Wicca is not by any means a majority religion, it has a legitimate history that dates back to the early to mid 1900s, and an established structure. Wicca is widely recognized as a legitimate religion. While this should not matter in the eyes of the state, who should not be interpreting sincerity, it supports Mrs. Roberta's case. For the symbol of Wicca to not be included or allowed in the list of "symbols of belief" opens the door for many other  religions to be discriminated against, regardless of their status in society. 

Eventually, a settlement was reached between the two parties, which allowed the pentacle to be used, and to be added to the list of 38 approved symbols.  The article correctly states that, "The government treated Wiccans differently, like second-class citizens, because some people don’t like their faith or considered it illegitimate." State interpretation of religion, and discrimination against one religion, was rightfully struck down in this case. I agree with the settlement that was reached in this case. Wicca was being wrongfully discriminated against because of its status as a minority religion in the US, and thankfully this did not stand. It was very clear that the VA in this case was not treating all religions equally, and had created a direct burden on Mrs. Roberta and her desire to freely express her religious views on her husband's memorial. The outcome of this case is a clear victory for religious freedom.  

Sources: 

https://www.au.org/the-latest/articles/pentacle-symbol-victory/ 

https://www.nbcnews.com/id/wbna18274639 

https://en.wikipedia.org/wiki/Wicca