Author: Paula Johnson
Posted: February 18th. 2007
The Soldiers’ Standards Book issued in January 2006 is 21 pages long and it details the mission, standards and policies of the Third Army, U.S. Army Forces Central Command, and Coalition Forces Land Component Command. This manual addresses Army Values, Military Customs and Courtesies, Soldier Conduct, Wear and Appearance of the Uniform and Safety and Force Protection.
The letter on page one of the manual signed by Franklin G. Ashe, CSM, USA, Third Army Command Sergeant Major and R. Steven Whitcomb, Lieutenant General, USA, Commanding “serves as a basis for challenging and demanding performance that meets the standard and establishes a basis for challenging and demanding performance that meets the standard and establishes a basis for on-the-spot corrections and performance counseling.”
The standard of performance for military personnel who have voluntarily enlisted dictates they must follow the command to “respond at a moment’s notice when needed.” All soldiers are required to follow the list of seven core Army values;
•Loyalty
•Duty
•Respect
•Selfless Service
•Honor
•Integrity
•Personal Courage
This manual, published just over one year ago requires that soldiers “Bear true faith and allegiance to the United States Constitution.” And cites an obligation to support and defend the Constitution by adhering to the “spirit as well as the letter of the law.” Soldiers must fulfill their obligations because concept of duty is a moral obligation. Soldiers are REQUIRED to “treat people as they should be treated.” Respect is defined by the Army as showing regard for someone or something and the willingness to show consideration and appreciation for others and extends specifically to the area of religious beliefs. In living up to this code, soldiers are expected to serve selflessly with honor and integrity. Personal integrity should be maintained without legal or other obligations and honor is further defined by doing what is right both legally and morally. Soldiers are expected to be the embodiment of personal courage. “It takes moral courage to stand up for one’s belief in what is right, particularly when it is contrary to what others believe. It is courage to preserve in what we know to be right and not tolerate wrong behavior by friends, peers, subordinates, or superiors.”
The United States Department of Veterans Affairs would do well to read and observe the values required of our soldiers and outlined in the above referenced manual. The agency charged with caring for the widows and orphans of war, has consistently failed to display courage, morality and respect for the spirit as well as the letter of the law in doing right by Wiccan and Pagan soldiers who served their country honorably in life and want only to be memorialized with the same rights and privileges as the adherents of other religions when they die.
The US Department of Veterans Affairs posted its new and revised "Proposed Rules and Regulations for the Headstone and Marker Process" on January 19, 2007 for review and public comment. The VA would like to update their “ordering procedures for headstones and markers and to clarify its policy for addition of new emblems of belief to the VA’s existing list of approved emblems. The proposed new rules and regulations do not provide even a glimmer of hope that the VA has seen the light and plans to live up to the standards set by the United States Army as outlined in their list of the seven “Army Values” our brave soldiers are expected to embody. It is clear by the way that these proposed rules and regulations are written that the VA is looking for ways to continue the selective exclusion of religious groups who do not meet a very narrow definition of the Judeo-Christian model of religious belief and practice.
According to the VA, “Congress has authorized the VA to promulgate all necessary rules and regulations to ensure that these cemeteries are maintained as ‘national shrines as a tribute to our gallant dead and that the graves are appropriately marked.” The VA cites their own rules as a basis for the perpetuation of their rulemaking procedures. The VA states, “When ordering a government-furnished headstone or marker, an applicant may request that the VA also inscribe an emblem of belief that represents the belief system of the decedent.”
My “Top Ten List for why the VA’s Proposed Rules and Regulations Should NOT Be Implemented" is as follows:
1. The proposed rules do not permit the enlisted soldier or veteran to apply for the religious emblem that most represents their belief system before their death. The VA wants to establish a rule that simply does not meet the requirements of their own mandates. All enlisted military personnel and veterans are given the opportunity to declare their religion at the time of enlistment and this declaration is evident on their military ID, also known as “dog tags.” Those who serve their country should be able to trust that their government will honor and protect their Constitutional right to freedom of religion. There is no need to leave this matter to an “applicant” of the deceased. Clearly the matter of reflecting a soldier or veterans belief systems in the event of death on their memorial should be easy to implement prior to the event of the death either in the military records of the deceased, through a notarized statement or valid ‘Last Will and Testament.’
2. The VA proposes to update ordering procedures, and intends to do so by clarifying their policy for requesting new emblems. If the VA policy permits the selection of a religious emblem that represents the belief system of the deceased, it would appear any attempt to establish a criteria for regarding the legitimacy of a religious belief system should occur at the time of enlistment and not at the time of death when it is most important that a soldiers sacrifice be appropriately marked as a national shrine and the soldier is the least able to explain his or her belief system. Leaving this issue to the grieving selectively exacts a cruel and unusual punishment on all of the families of deceased war dead and veterans who adhere to any belief system that is represented by a symbol not on the list of the 38 religious emblems already approved by the VA.
3. The VA states in its proposed rules that recognition as a church in the award of 501 (c) (3) status is generally sufficient for purposes of appointing military chaplains. It states that 501 (c) (3) status is determined by court decisions and existing criteria already established by the Internal Revenue Service. The VA states that IRS 501 (c) (3) recognition is sufficient for some of the policies administered by the Department of Defense but wants to add additional obstacles or criteria to their approval process making IRS 501 (c) (3) status only one of the factors considered.
4. The VA claims it would make no attempt to distinguish among the doctrines of various churches or other groups holding a system of belief provided the beliefs are genuine and not frivolous…or contrary to public policy. It points out that the IRS makes no attempt to "evaluate the content of whatever doctrine a particular organization claims is religious, provided the particular beliefs of the organization are sincerely held by those professing them." The VA would like "a concise written description of the main tenets of the affiliated organization's belief system."
The VA's request for a written description of a religions tenets does nothing more than provide a basis for the VA to determine whether or not a religious belief is in fact actually religious. The burden of proving the legitimacy or sincerity of religious belief should not fall on the shoulders of those who serve their country fighting for the integrity of the Constitution. The burden of proof should not fall on the shoulders of the families that grieve their loss. It is immoral and blatantly unconstitutional and this process appears to have been invested in finding non-mainstream religion guilty of not being legitimate until proven legitimate.
5. The VA would like to preclude "the addition of any emblem that would have an adverse affect on the dignity and solemnity of cemeteries honoring those who served the Nation." If the United States government was not embarrassed to accept the life’s blood of those who later desire to be memorialized in death with a religious emblem not on the VA list, then the VA should not be embarrassed or concerned about the evidence of their beliefs undermining the cemeteries dignity or solemnity.
6. In considering an application for the addition of a religious emblem, the VA would like to give its representatives the power to evaluate the religion of a deceased soldier or veteran and in doing so would like to "consider information from any source." Denying the legitimacy of the Wiccan religion based on information from any source could have far reaching implications. Faith-based organizations are eligible to receive federal funding for the community work they participate in. The VA should not have the right to consider information from any other source in its process of determination for adding a new religious emblem to its list of approved emblems. This rule is so broad that virtually any religious organization in existence with a vested interest in receiving federal funding could undermine the legitimacy of any application and thus the religion it represents. This rule could set a dangerous precedent for further discrimination against adherents of the Wiccan religion.
7. The provision of a government issued headstone, plaque or marker is an employee benefit afforded to military personnel and thus it is subject the 1964 Civil Rights Act compelling employers to accommodate the religious practices of their employees. Wiccan and Pagan soldiers are not creating an undue hardship on the military in asking for what they were promised upon enlistment. Numerous VA requisitions for headstones show that the VA has negotiated a pay-one-price arrangement with the contractors who supply them with headstones, markers and plaques. All requisitions include provisions that permit the addition of new symbols at no additional cost to the VA. In other words, it does not cost the VA one penny more to inscribe a Pentacle as opposed to one of the existing 38 symbols. The VA states in the rules and regulations that it is Department of Defense policy to accommodate the free exercise of religion provided it does not interfere with the military mission. The inclusion of the Pentacle on the list of VA approved religious emblems will not interfere with the military mission and the VA can show no compelling interest and has offered no explanation why they have not approved the Wiccan emblem of religious belief. The new rules and regulations are just one more attempt by VA officials to continue their pattern of discrimination against Wiccan soldiers and veterans.
8. The VA's "Proposed Rules and Regulations" do not indicate the length of time it can hold an application for a religious emblem in limbo simply by choosing to not make a decision at all. In fact, the new rules and regulations do not even require that the VA ever make a decision in response to an application for a new religious emblem, thus potentially placing Wiccans and Pagans in a position to spend another decade waiting for an answer that will never arrive.
9. The proposed rules and regulations state that in order to add a new emblem there must be an immediate need and good cause must be shown in order for an application to be considered. This could mean that Wiccan families who have been waiting for years would be denied the opportunity to at last receive a headstone with the emblem of the Wiccan religion on it.
10. The new rules and regulations indicate that once the Under Secretary for Memorial Affairs makes a decision, it is final. There is no appeals process built into the rules and regulations. The publication of the newest list of proposed rules and regulations by the US Department of Veterans Affairs is a legal maneuver and not a genuine attempt to rectify a long standing injustice with respect to adding the Pentacle to the list of approved symbols eligible to be included on government issued headstones, markers and plaques.
Rev. Selena Fox, Senior Minister of Circle Sanctuary, one of the Plaintiffs in two lawsuits filed against the VA shared her opinion regarding the new proposed rules and regulations, "These proposed rules do nothing to correct the flaws in the VA's emblem of belief addition process that has prevented the Pentacle from being approved for nearly a decade! There is no timeline for VA decision-making and no requirement that the VA decide at all on an emblem request! Furthermore, the wording of the criteria is such that it can be used to authorize the VA to continue its discriminatory pattern of picking and choosing what religions to accommodate and what symbols to permit on the grave markers it issues -- and decisions made are final, with no appeal except through the courts.
If a religion is accommodated for the troops through the US Department of Defense (DOD) , as is the Wiccan religion, then the VA should follow DOD's lead and put that religion's emblem on the grave markers it issues to honor veterans after death. To do otherwise not only causes incongruity within the executive branch of the federal government, but it is an insult to veterans and their families as well as is against the US Constitution troops are sworn to uphold."
The VA has posted their proposed new rules and regulations online. Please follow the link to the instructions on how to review and comment on the rules before March 20, 2007.
INFLUENCE THE OUTCOME
Help us to reach our goal of 1, 800 comments by March 20, 2007. This represents one comment for each Wiccan and Pagan soldier estimated to be serving in the military at this time. Information on how to review and comment can be found at: http://www.circlesanctuary.org/liberty/veteranpentacle/VARuleComment.htm
Veteran Pentacle Quest Call to Action
VA Proposes Emblems of Belief Procedures that Violate First Amendment Religious Freedom Rights
The US Department of Veterans Affairs (VA) has been discriminating against the Wiccan religion and related forms of Paganism for nearly ten years. Despite repeated requests to do so, the VA has not added the Wiccan symbol, the Pentacle, to its list of emblems of belief that the VA permits to be included on the memorial markers, headstones, and plaques it issues to honor deceased veterans. The VA has 38 symbols on its list, and of those, sixteen are variants of the Christian cross.
There are no Pentacles on VA-issued headstones of Wiccan veterans buried at Arlington National Cemetery and elsewhere. Some graves of Wiccans and Pagans in public and private cemeteries are unmarked because of this discrimination by the VA.
More information about this issue has been published elsewhere on Witchvox and is detailed at the Veteran Pentacle Quest website: http://www.circlesanctuary.org/liberty/veteranpentacle
On January 19, 2007, the VA proposed new procedures for adding new emblems of belief to its list. These proposed procedures were published in the Federal Register and the public has until March 20, 2007 to review and critique them. The VA will consider comments, possibly make revisions, and then publish the final version of the procedures in the Federal Register. Thirty days later, they will go into effect.
These proposed procedures are a violation of our fundamental First Amendment rights to freedom of religion. These new procedures will allow the VA to continue its discriminatory practices that have kept the Pentacle from being added to the list and from being included on the grave markers of deceased Wiccan and Pagan veterans.
Some of the problems with the procedures include:
- They do not require that the VA ever make a decision on a request.
- Even when making a decision, there is no time limit for decision-making, and therefore, the VA can put off decision-making forever.
- The vague wording in the procedures can be used to permit the VA to select without objective criteria what symbols it wants to authorize and which it wants to reject.
- And, according to these new procedures, once the VA makes a decision, it is final, with no provision for appeal.
Take Action Now!
Here's How:
(1) Learn More - get a copy of the proposed rules on-line, as noted below, or contact Lady Liberty League (liberty@circlesanctuary.org) and request a
copy.
For instructions on how to get a copy of the proposed procedures and make a comment, see http://www.circlesanctuary.org/liberty/veteranpentacle/VARuleComment.htm
(2) Identify Problems - make notes as you review the proposed procedures. Feel free to incorporate any or part of the objections we've listed hereand/or detailed in Paula Johnson's article.
(3) Speak Out - submit your complaints to the VA in writing on-line, by fax, or by postal mail before MARCH 20. Be sure to send a copy to the Lady Liberty League for use in its work on this issue with Americans United for Separation of Church and State.
For detailed instructions on submitting your comments, see
http://www.circlesanctuary.org/liberty/veteranpentacle/VARuleComment.htm
(4) Spread the Word - tell others and urge them to speak out.
(5) Support the Veteran Pentacle Quest - Join in local and nationwide actions on Pentacle Quest Day, Saturday, February 24. If you can, join others in a public ceremony forming a living Pentacle on the grounds of the Minnesota State Capitol in St. Paul in the afternoon as described: http://www.UMPaganAlliance.com
Veteran Pentacle Quest Team
Lady Liberty League
liberty@circlesanctuary.org
PO Box 9, Barneveld, WI 53507
Phone: (608) 924-2216
Fax: (608) 924-5961
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