Photo by Alex Brandon (AP)

“Since its addition in 2007 to a list of recognized tombstone icons, the pentacle has begun popping up on grave markers at Arlington and other government cemeteries alongside crosses, Stars of David and Muslim crescents. “There’s been a large increase over the past few years,” Jeanet Ewing, co-founder of Northern Virginia Pagan Network, told The Daily. “We’re up to near 80 grave markers nationwide.” The symbol can be found on five Arlington headstones, including that of Army Staff Sgt. Thomas Huffard, a Vietnam veteran who died in 2009, and Army Spec. Charles Heinlein, who was killed in Iraq in 2007.”

While I’m very happy to see our Wiccan veterans properly honored, and glad that The Daily decided to shine a spotlight on this issue, I’m troubled by the comments made by Department of Veterans Affairs staff.

…the proposed new emblem must represent “the decedent’s religious affiliation or sincerely held religious belief system,” the Veterans Affairs’ website states. “It can’t just be someone making up a religion,” department spokeswoman Josephine Schuda told The Daily.  As for the inclusion of Wicca, which involves the worship of a horned god that critics have likened to a Satanic figure, as well as a more benign goddess figure, Schuda recalled that the decision entailed considerable debate. “Essentially, it boiled down to the issue of whether Wiccan beliefs constituted a religion,” Schuda said. “It took a little while, I’ll say that.”

With all due respect to Ms. Schuda, it wasn’t a matter of debate, it was a matter of litigation and intense public pressure that got the pentacle approved. For nine years the VA ignored filed requests, “lost” applications, punted, and stalled. The Pagan community marshaled every interfaith ally it could, and was met by continual stonewalling.  In that time, several other emblems were approved, while outright misinformation was given to Pagan applicants. It wasn’t until Roberta Stewart, widow of Sgt. Patrick Stewart, with the help of Americans United, took the government to court did things progress, and even then the VA tried to have the case dismissed, or delayed with the promise of policy changes.

Ultimately, it wasn’t internal “debate” that won Wiccan veterans the pentacle, it was the discovery of damning evidence by Americans United.

“Lawyers familiar with the case said that some documents suggested the VA had political motives for rejecting the pentacle … During his first campaign for president, then-Texas Gov. George W. Bush told ABC’s ‘Good Morning America’ in 1999 that he was opposed to Wiccan soldiers practicing their faith at Fort Hood, Tex. ‘I don’t think witchcraft is a religion, and I wish the military would take another look at this and decide against it,’ he said. Lynn, of Americans United, said references to Bush’s remarks appeared in memos and e-mails within the VA. ‘One of the saddest things is to learn that this wasn’t just a bureaucratic nightmare, there was a certain amount of bigotry,’ he said. ‘The president’s wishes were interpreted at a pretty high level. . . . It became a political judgment, not a constitutional judgment.’”

In short, the “debate” over “whether Wiccan beliefs constituted a religion” really came down to the VA interpreting George W. Bush’s infamous “I don’t think witchcraft is a religion” comments as a directive. Faced with a courtroom showdown where this evidence would be presented, the VA agreed to settle. A settlement that was agreed on because it won us what we wanted in the first place, the approval of the pentacle as an emblem of faith. An emblem that now graces nearly 80 markers and headstones.

As the old saw goes: You are entitled to your own opinion, but you are not entitled to your own facts. The VA’s approval of the Wiccan pentacle didn’t come about because of internal theological debate, it came about because Wiccans, Pagans, and their allies, fought hard for it. Litigation ended up being necessary, and it was only after litigation was filed that we saw any forward progress from the VA. Any other interpretation belittles the decade of activism, hard work, and struggle that occurred. Considering the fact that some emblems were approved in the space of two weeks during the ten years the Wiccan pentacle was being considered ,“It took a little while, I’ll say that,” may set a new standard for understatement. So never forget what it took to get us here, and lets hope that a FOIA request will someday unearth all those “debates” over the pentacle.

• For her Patheos column, T. Thorn Coyle weighs in on the Occupy Wall Street movement, recalling her time working at the Pacific Stock Options Exchange. Quote: “The Occupy movement is a movement about material things: jobs, food, housing, money. For me, this makes the Occupy movement about spiritual things. There is spirit in the movement, and the spirit moves through bodies of flesh in a world of matter: concrete, grass, buildings. There is no separation between the spirit and the matter, only our minds make it so.”
• While I’m on the subject of the Occupy Wall Street movement, Minnesota-based Pagan band Murphey’s Midnight Rounders has recorded, “Hard Times, Come Again No More,” in honour of the occupiers. You can download it for free, here.
  
• Also at Patheos, the ever-erudite P. Sufenas Virius Lupus marks Tuesday’s National Coming Out Day, and asks if there’s such a thing as a “gay” or “queer” god. Quote: “For the majority of polytheistic cultures throughout world history, the various categories into which deities could be sorted—chthonic or ouranic, immanent or distant, universal or local, and many more besides—did not include ‘queer’ and ‘not-queer.’”
• The Pagan-themed Russian film “Silent Souls” is coming to Washington DC at the end of October. For more American screening dates, click here. Check out the trailer.
• PNC-Texas interviews the Reverend Meg Barnhouse, the new settled minister of First Unitarian Universalist Church of Austin. Quote: “It was really through that Pagan aspect of Unitarian Universalism that I came into the ministry. While I consider myself and name myself a Unitarian Universalist, I deeply value the earth-based way of seeing things, along with earth-based elements of worship. I am very grateful to the Pagans for bringing me in and introducing me to UUism, so I feel a lot of affection for the Pagan element in our movement.”
• NY Daily News spotlights Latina authors who incorporate Santeria, Palo, and Brujeria themes in their work. Lyn Di Iorio, author of the new novel “Outside the Bones,” Ana-Maurine Lara, author of “Erzulie’s Skirt”, and “When the Spirits Dance Mambo” by Marta Moreno Vega, among others.
• The New Apostolic Reformation apparently want the website Talk To Action “silenced” (through prayer).
• Rob Boston from Americans United gives us an inside look at the recent Values Voter Summit. Quote: “Despite their prejudices, despite their fears – despite the fact that in many ways, Religious Right leaders don’t seem to like America much (too decadent, too secular) – this is a group with friends in high places, a political movement with enough muscle to summon top congressional leaders; they are a constituency that cannot be ignored. They must be given things.”
• The Council for a Parliament of the World’s Religions is holding a webinar featuring Christopher Peters, President and CEO of Seventh Generation Fund for Indian Development – a Native lead Indigenous Peoples public Foundation. Peters will be giving a talk entitled “Native American Earth-Based Spirituality.” The webinar will be held on November 9th. You can register, here.
• In a final note, the US American Council of Witches has issued a clarification on a statement made in my interview with Council member Kenny Klein about their plans and goals. Quote: “I wish to clarify one point. We were never notified by the US Army to revise their manual. We have been contacted from several Federal and State’s to create a manual/guide for them to utilize when dealing with a person who falls under the: Pagan/Wicca ~ Natural Earth Religions. We shall use the Army’s Manual as a guide only. A copy of which will be distributed to ALL Services(Navy, Marines etc…, ALL Federal Government offices, Every State Government office, ALL Federal prison’s, ALL State’s prisons, ALL County’s Jails(in each state), ALL Chaplains in ALL the Hospitals in all states…….. So we are looking at around probably 10,000 books/manuals/guides. We are probably underestimating ourselves. A complete listing will be on our web page when it is operational.”

That’s it for now! Feel free to discuss any of these links in the comments, some of these I may expand into longer posts as needed.

The 4th U.S. Circuit Court of Appeals today ruled 2-1 that the Forsyth County Board of Commissioners’ preference for Christian prayers violates the constitutional separation of church and state. [...] The record in the case indicates that 26 of the 33 invocations given from May 29, 2007, until Dec. 15, 2008, contained at least one reference to Jesus, Jesus Christ, Christ, Savior or the Trinity. The appellate court majority said government favoritism in religion is wrong. “Faith is as deeply important as it is deeply personal,” wrote Judge J. Harvey Wilkinson, “and the government should not appear to suggest that some faiths have it wrong and others got it right.”

If this ruling should withstand a Supreme Court challenge, it could change the tactics of groups like the Alliance Defense Fund, a main proponent of the inclusive sectarian model. They know that these sorts of policies favor the religious majority, typically Christianity, and that religious minorities will be drowned out in a sea of invocations to Jesus. A point brought up in the 4th Circuit’s ruling.

…the Board clarified that the prayers were “not intended, and shall not be implemented or construed in any way, to affiliate the Board with, nor express the Board’s preference for, any faith or religious denomination.” Instead, the stated goal of the policy was to “acknowledge and express the Board’s respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Forsyth County.” Despite that language, the prayers repeatedly continued to reference specific tenets of Christianity. These were not isolated occurrences: between May 29, 2007 and December 15, 2008, almost four-fifths of the prayers referred to “Jesus,” “Jesus Christ,” “Christ,” or “Savior.”

What’s the problem with this? It creates a environment of intimidation and unspoken preference for one religious point of view in a place that is supposed to serve and be open to all citizens regardless of their religious preferences.

On Joyner and Blackmon’s account, the overall atmosphere made them feel distinctly unwelcome and “coerced by [their] government into endorsing a Christian prayer.” Blackmon claimed that she felt compelled to stand and bow her head because of the Chair’s instruction to stand and because of the audience’s response. Joyner offered a similar account, believing that if she had failed to comply, it would have “negatively prejudice[d] consideration of [her] intended petition as a citizen appearing for public comment.” Both characterized the prayer as sectarian, with Blackmon referring to it as including a “one-minute sermon.”

This puts into doubt the legal fig-leaf of Lancaster, California’s token inclusion of non-Christians. While the court ruled that the prayer policy of the Forsyth County Board of Commissioners is not necessarily unconstitutional, the overwhelmingly Christian nature of the sectarian prayers helped “create an environment in which the government prefers — or appears to prefer — particular sects or creeds at the expense of others.” If your prayer policy is open, but 4/5′s of your prayers are to Jesus, then you’re creating an atmosphere of preference that (perhaps inadvertently) endorses one type of religiosity over another.

It should also be noted that the 4th Circuit’s decision referenced two cases they previously heard involving Pagans and prayer. Simpson v. Chesterfield County, the case that helped created the so-called “Wiccan-proof” prayer policy, and the Darla Wynne case, in which a Wiccan from South Carolina won a battle against sectarian government prayer. In fact, the Alliance Defense Fund’s “model invocation policy” was designed after these two cases involving Pagans and sectarian prayer earned national attention. So this is a new wrinkle of constitutional needle-threading that proponents of sectarian prayer at government meetings will have to address. The “include a Wiccan” gambit may not work if the rest of the prayers overwhelming endorse Christ. Will those who desperately want to invoke Jesus be able to stomach balancing that out with non-Christian prayers? Expect future challenges to address this very issue. Frederick County, Virginia may now technically be open to polytheist invocations, but they are under the 4th Circuit Court’s jurisdiction, so they better watch their balance.

“We are deeply disappointed by the court’s ruling.  Based on procedural technicalities, the court has allowed the California prison system to continue rank discrimination against Wiccan prisoners and chaplains.  The Constitution requires all persons to be treated equally regardless of what their religion is.  California’s practice of only paying chaplains of certain faiths, while requiring chaplains of other faiths to work for free, is religious discrimination that plainly violates the Constitution.” - Alex Luchenitser, Senior Litigation Counsel, Americans United for Separation of Church and State

In addition to Americans United, a number of prominent Pagan individuals and organizations have been weighing in on this latest development. Reclaiming co-founder, author, and activist Starhawk was one of the first to respond, making plain her deep disappointment in the ruling.

“I am deeply disappointed in the 9th Circuit Court’s ruling.  This is terrible setback for the rights of Pagans and of all prisoners to religious freedom.  I have personally experienced just a taste of the harrassment and obstacles placed in the way of those who would serve Pagans in the California prisons.  (See my account of a visit) Patrick McCollum has been tirelessly fighting for their rights for many years now, and I know he’ll continue, but more than ever he needs our support.  You can contribute at the Patrick McCollum Foundation web site.”

Patheos Pagan Portal Manager Star Foster said she was  “disheartened by the decision” but firmly believes “that the CA Dept. of Corrections policies are unconstitutional and will be changed.” Foster further noted that “this fight isn’t just about Wicca, and it doesn’t stop here.” Archdruid Kirk Thomas, speaking on behalf of Ár nDríaocht Féin, said they could “only express one reaction to this news – profound disappointment.” Thomas and the ADF say they “pray that equal treatment for all California prison inmates, regardless of religion, will eventually win the day.” California-based Pagan chaplain Joseph Nichter was “saddened and angered” by the news, and emphasized that Patrick McCollum “needs your help and support.”

Two groups that have worked very closely with Patrick McCollum over the yars, the Lady Liberty League and Cherry Hill Seminary also spoke out yesterday. Jerrie Hildebrand, Special Issues Coordinator and PR Coordinator for Lady Liberty League joined others in expressing disappointment in this ruling, and vowed that “the quest for religious freedom and equality will continue.” Holli Emore, Executive Director of Cherry Hill Seminary, released the following personal statement on the matter.

“In my tradition we hold sacred the balance of Ma’at, the principle which governed every aspect of ancient Egypt, and the goddess who stood by the scales at the weighing of each person’s heart after passing from this life. Patrick McCollum has spent so many years of his life seeking maat for all of us, including teaching for Cherry Hill Seminary, which supports Patrick’s fight for justice.  What does it take for the scales to return to a balance for Patrick and the Pagan inmates he has served these many years?  Only a week ago I wrote about my own decision to push back against those who would have marginalized my religion.  My situation is barely significant in comparison to Patrick’s long-running court case, but the lesson is clear: if we do not stand for our rights, with integrity, we will lose them.”

We still await word from Patrick McCollum on the matter, though he is outside the country right now and hard to access. I’m in contact with the Patrick McCollum Foundation and once I receive any formal statement, I will post it here. For now, what path McCollum and his lawyers might pursue remains an open question, though some think a Supreme Court appeal may happen. The Firefly House clergyperson David Salisbury, based in Washington DC, said his organization is ready to rally to McCollum’s side should a SCOTUS appeal go forward.

“Living in the nation’s capital, we are all too familiar with the legislative and political obsticles that have slowed the progress of equality for all. We were disappointed to learn of the 9th Circuit ruling and hope that McCollum’s legal team will press on. Should this matter be brought to the Supreme Court here in DC, our community will be ready to support this fight in the district.”

It’s clear that Patrick McCollum’s tireless work on behalf of Pagan rights has won him the support and admiration of a large cross-section of the Pagan community. The question now is how Pagans can best leverage that support towards ending California’s discriminatory policy, and fulfilling the constitutional promise of equal treatment under the law. As more reactions come in, you’ll be able to find them here at The Wild Hunt.

ADDENDUM: Statement from T. Thorn Coyle and Solar Cross on the ruling.

www.youtube.com/watch?v=_2_E_l76Mp0

“The King City Council approved a policy Monday night that eventually would allow a Christian flag to fly again at a memorial at the city’s Central Park as a part of a limited public display of religious flags recognized by the U.S. military. Members of the Army Chaplain Corps wear four symbols on their uniforms — the Christian cross, the Jewish tablets and Star of David, the Buddhist dharma-chakra and the Muslim crescent, said Lt. Col. Christopher Garver, a spokesman for the U.S. Army. There are also 41 religious symbols that can be placed on grave markers at Arlington National Cemetery. The city’s new policy will lay out which flags and symbols would be displayed at the memorial.”

But proponents of the Christian flag, formed into the newly-christened “King Veteran’s Memorial Preservation Foundation”, are threatening a lawsuit should the wrong kind of flags be allowed to fly.

“Many of the foundation’s members are concerned that the city may allow religious flags such as the Muslim Crescent and Star flag, the satanic flag and Wiccan flag, all of which are recognized by the U.S. military, to be flown at the memorial, James said. “There is room for expansion for this memorial,” James said. “No one has asked for another flag to be put up there. But someone asked for our flag to be taken down.”

A local television station’s report on the matter is even more blunt.

“The question we’re raising now is the possibility of having say, the Wiccan flag flown or the Satanic flag flown, which are recognized by the U.S. military — or a Muslim flag flown over a U.S. veterans memorial,” group leader Stephen James said.

First, if they are only going to fly approved VA emblems of faith, then they wouldn’t have to worry about a “Satanic flag”, but yes, Islam and Wicca both have emblems approved by the Veterans Administration. In fact Wiccan, Pagan, and Muslim military personnel have all died in the line of duty for the United States, something that doesn’t seem to matter all that much to the Christian flag proponents. It seems to be all or nothing for them.

“The complaint would be filed with the N.C. Office of Administrative Hearings only if a majority of people attending a public meeting at 6 p.m. Nov. 22 about the proposal objected to it, said Stephen James of King, an organizer of King Veteran’s Memorial Preservation Foundation. The group was started Monday night by about 25 people. “But we will have that option (filing the complaint) ready if we need it,” he said.”

Further, as pointed out by Americans United, local Christians are already scheming ways to make sure no faith other than Christianity gets a turn under the compromise agreement. A public meeting is scheduled on November 22nd to lay out the details of the compromise, but I can’t see this going anywhere except into the courts. If Americans United feels that the policy is too restrictive they’ll sue, and if the policy is too open the King Veteran’s Memorial Preservation Foundation will sue. That the mere possibility that Pagan (or Muslim) military personnel might be honored in King, North Carolina would trigger a lawsuit shames every veteran who fought or died for our country’s religious freedom. This is all about Christian triumphalism, and very little to do with the men and women we’re supposed to be honoring tomorrow on Veteran’s Day.

“We hold that these memorials have the impermissible effect of conveying to the reasonable observer the message that the state prefers or otherwise endorses a certain religion,” concluded the Denver, Colorado-based court. The state of Utah and a private trooper association have the option of appealing to the U.S. Supreme Court.

Not a secular symbol of death.

This ruling is the latest salvo in the ongoing battles over whether a Christian cross on public lands can ever be secular in orientation. The Supreme Court of the United States recently decided that in certain instances, specifically a eight-foot Christian cross WWI memorial situated on public lands in California’s Mojave National Preserve, it could.

Justice Anthony Kennedy, spoke in broad terms. Although the cross is “a Christian symbol,” said Kennedy, it was not placed on sunrise rock in the Mojave Desert to send “a Christian message.” Nor was it placed there to put a government “imprimatur on a particular creed.”

I’ve long argued that neither tradition, popularity, or ubiquity fully erases a religious symbol’s sectarian nature.

“The idea that the cross is “secular” ties into the larger notion that Christian religious expression and tradition, due to its size and ubiquity, is “normal” and ultimately beneficial. The corollary is that non-Christian religious expressions or traditions are “abnormal” and considered suspect. But popularity and tradition doesn’t remove religious context from a religious symbol, instead it subtly reinforces that faith’s dominance and “right” to utter ubiquity. If the cross was truly secular, we wouldn’t have over 40 different emblems of belief for military markers and headstones, nor would minority religions fight to have their own symbols added to that list.

There is no “secular symbol of death”, any more than there is a “secular symbol of life”, because a truly secular culture allows groups and individuals to choose and adapt their own symbols and instill them with meaning. When governments and judges start telling us which religious symbols are “secular”, we enter into a hierarchy of signs, where the faith(s) with the strongest cultural hold gains official sanction in all but name. Undermining the idea that government should make no law“respecting an establishment of religion”.”

More simply, you do not honor a Jew, Hindu, Buddhist, atheist, or Pagan by erecting a Christian cross in their name, any more than erecting a giant pentacle would honor a fallen Christian.

“The mere fact that the cross is a common symbol used in roadside memorials does not mean it is a secular symbol,” said the panel. “The massive size of the crosses displayed on Utah’s rights-of-way and public property unmistakably conveys a message of endorsement, proselytization, and aggrandizement of religion that is far different from the more humble spirit of small roadside crosses.”

The state of Utah and the Utah Highway Patrol Association are expected to appeal, so we may see how far SCOTUS is willing to go regarding the issue of “secular” crosses on public lands. Considering the fact that Justice Scalia thinks it’s “outrageous” to think that a Christian cross only honors Christian dead, we may see further advancements in efforts to secularize this religious symbol (no matter what the long-term ramifications of that may be).

On Thursday, U.S. District Court Judge Charles Siragusa ruled in favor of the town and dismissed the suit. “The Town did not begin having prayer at meetings in order to proselytize or advance any one, or to disparage any other, faith or belief,’” Siragusa wrote. “…The Town’s prayer policy, to the extent that one exists, is to invite clergy from all denominations within the Town, without any guidance or restriction on the content of prayers. The Town will also permit anyone who volunteers to give an invocation, including atheists and members of non-Judeo-Christian religions such as Wicca, and has never denied a request by anyone to deliver a prayer.” The town has invited clergy to the meetings by using a list of churches included in a local newspaper and by accepting requests from anyone else who was interested. There are few houses of worship in Greece that are not Christian.

So how diverse has the town’s opening prayers been? In the original suit, Americans United noted that “over the past decade, all but two of the prayergivers have been Christian.” The “non-Judeo-Christian” religions, specifically Wicca, didn’t come into play until litigation had been already been threatened against the town. Enter Jennifer Zarpentine, a local Wiccan, who provided the first sectarian Pagan invocation to the Town of Greece.

“In just a few seconds’ time during the April Town Board meeting, Jennifer Zarpentine made Greece history. Zarpentine, a Wiccan, delivered the first-ever pagan prayer to open a meeting of the Greece Town Board. Her hands raised to the sky, she called upon Greek deities Athena and Apollo to ‘help the board make the right informed decisions for the benefit and greater good of the community.’ A small cadre of her friends and coven members in the audience chimed in ‘so mote it be.’”

Zarpentine would go on to defend Greece’s invocation policy, telling the press that they are “including everybody”. Conservative Christian advocacy organization the Alliance Defence Fund, who represented Greece in these proceedings, are understandably excited by their win.

“America’s founders opened public meetings with prayer. Public officials today should be able to do the same,” said ADF Senior Legal Counsel Joel Oster. “Opening public meetings with prayer has always been lawful in America, and the court here affirmed that it still is today.” “As the court itself concluded, invocation policies like the Town of Greece’s are constitutional,” Oster explained. “In fact, the court specifically pointed out that government attempts to mandate watered-down prayers that don’t mention a specific deity, as demanded by Americans United, would violate the First Amendment by placing government in control of the content of prayer. An organization with ‘separation of church and state’ in its name should not advocate for a violation of the Establishment Clause.”

An AU spokesperson said they were “obviously disappointed” by the ruling, but there has been no official statement, nor word on if they plan to appeal the ruling. You can download a PDF of the decision and order, here. The question now is if this twist in the battles over sectarian prayer at government meetings will stand up to legal scrutiny, or if it will be overturned on appeal. In other cases, mere randomness hasn’t been enough, so will towns being served cease-and-desist letters go the extra step of inviting a Pagan to the proceedings? It will also be interesting to see how diverse Greece stays once the legal dust has settled. Will Jennifer Zarpentine be invited back to invoke Apollo and Athena on a semi-regular basis? What do you think? Are sectarian prayers OK if they are suitable diverse?