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Judge rejects US govt. motion, allows wiccan lawsuit to continue

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Judge rejects US govt. motion, allows wiccan lawsuit to continue
Topic: Religion 9:33 pm EST, Feb  1, 2007

"MADISON, Wis. - A federal lawsuit filed by Wiccans against the U.S. Department of Veterans Affairs will proceed despite a request by the VA that it be put on hold for perhaps as much as a year.

The lawsuit, filed in November by a California group, accuses the VA of coming up with "excuse after excuse" for more than nine years for not putting the Wiccan symbol on grave markers of veterans who were members of that religion. The department does not allow Wiccan religious symbols on veterans' headstones in national cemeteries.

The VA argued in a motion filed Jan. 19 with the U.S. District Court in Madison that the lawsuit should be put on hold while the department finalizes a new rule governing symbols on gravestones. That process could take as long as 12 months, but the agency will make a decision on the Wiccan request within a month after the new rule is issued, the government's motion said.

The Wiccans' attorney objected, arguing that nothing requires the VA to finalize its rules within a year or to take up the Wiccan request at all.

U.S. District Judge John Shabaz issued a one-line order on Jan. 26 allowing the case to proceed. He set a trial date for June 29.

"We're pleased that the litigation will go forward, and the VA will not be able to delay further coming to the right decision and giving the families of veterans the memorials that they're entitled to," said Richard Katskee, lead lawyer in the case for Americans United for Separation of Church and State.

U.S. Attorney Erik Peterson, who is defending the government, did not immediately return a call seeking comment.

Selena Fox, a Wiccan high priestess with Circle Sanctuary in Barneveld, praised the judge's decision.

"The VA's decade-long pattern of delay, disregard and discrimination against the Wiccan religion must stop," she said. "The thought of possibly having to wait more than a year to have our case heard was terrible."

A nature-based religion, the Wiccan faith is founded on respect for the earth, nature and the cycle of the seasons."

Judge rejects US govt. motion, allows wiccan lawsuit to continue



 
 
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