Madison, USA - The Star of David is OK, as are more than a dozen variations of the Christian cross. Even the atomic whirl used by atheists gets the thumbs-up from the federal government.
But a Wiccan symbol representing earth, air, fire, water and spirit isn't recognized by the federal government for veterans' grave markers.
A federal lawsuit filed Monday accuses the U.S.
Department of Veterans Affairs of violating the constitutional rights of Wiccans because the government does not allow its symbol on headstones in national cemeteries.
"I honestly think there must be some people who don't want to acknowledge that the Wiccan religion should be entitled to the same rights as other religions," said Selena Fox, who is senior minister of the Wiccan Circle Sanctuary in Barneveld.
Roberta Stewart, a widow of a soldier killed in
Afghanistan last year, has waged her own personal war to see the Wiccan pentacle placed on the tombstone of her husband, Nevada National Guard Sgt. Patrick Stewart.
Stewart, whose husband was awarded the Bronze Star and Purple Heart, was rebuffed by federal veterans' officials when she sought approval to affix the pentacle to the Veterans' Memorial Wall in Nevada, but state officials said they would erect a plaque with the symbol.
Stewart said she had the plight of other families in mind when she decided to file the lawsuit. Joining her are Karen DePolito, of Utah, whose husband, Jerome Birnbaum, is a Korean War veteran who died last year; Circle Sanctuary; and Isis Invicta Military Mission, a Wiccan and Pagan congregation serving military personnel based in Geyserville, Calif.
The lawsuit claims the VA has made "excuse after excuse" for more than nine years for not approving the pentacle, and argues that constitutional rights of freedom of speech, religion and due process have been violated by the department's not acting on requests to allow the symbol.
The lawsuit, filed in the U.S. District Court in Madison and the U.S. Court of Appeals for the Federal Circuit in Washington, seeks an order compelling the VA to make a decision.
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.
Legal papers filed by attorneys for Americans United for Separation of Church and State, a religious liberty watchdog group, said it makes no sense for Wiccans to be excluded.
The Army allows Wiccan soldiers to 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, attorneys said.
Wiccans worship the Earth and believe they must give to the community. Some consider themselves "white" or good witches, pagans or neo-pagans. Approximately 1,800 active-duty service members identify themselves as Wiccans, according to 2005 Defense Department statistics.