The Case of the Wiccan Soldier's Grave Marker

Consider this excerpt from a recent NYT article (link):

To settle a lawsuit, the Department of Veterans Affairs has agreed to add the Wiccan pentacle to a list of approved religious symbols that it will engrave on veterans’ headstones.

The settlement, which was reached on Friday, was announced on Monday by Americans United for the Separation of Church and State, which represented the plaintiffs in the case.

Though it has many forms, Wicca is a type of pre-Christian belief that reveres nature and its cycles. Its symbol is the pentacle, a five-pointed star, inside a circle.

Until now, the Veterans Affairs department had approved 38 symbols to indicate the faith of deceased service members on memorials. It normally takes a few months for a petition by a faith group to win the department’s approval, but the effort on behalf of the Wiccan symbol took about 10 years and a lawsuit, said Richard B. Katskee, assistant legal director for Americans United.

The group attributed the delay to religious discrimination. Many Americans do not consider Wicca a religion, or hold the mistaken belief that Wiccans are devil worshipers.

“The Wiccan families we represented were in no way asking for special treatment,” the Rev. Barry W. Lynn, executive director of Americans United, said at a news conference Monday. “They wanted precisely the same treatment that dozens of other religions already had received from the department, an acknowledgment that their spiritual beliefs were on par with those of everyone else.”

A Veterans Affairs spokesman, Matt Burns, confirmed that the “V.A. will be adding the pentacle to its list of approved emblems of belief that will be engraved on government-provided markers.”

“The government acted to settle in the interest of the families concerned,” Mr. Burns added, “and to spare taxpayers the expense of further litigation.”

There are 1,800 Wiccans in the Air Force, according to a Pentagon survey cited in the suit, and Wiccans have their faith mentioned in official handbooks for military chaplains and noted on their dog tags.

At least 11 families will be immediately affected by the V.A.’s decision, said the Rev. Selena Fox, senior minister of Circle Sanctuary, a Wiccan church in Wisconsin.

Does a policy that allows symbols of only selected religions to be engraved on government-provided grave markers for veterans violate the EC? The FEC? Suppose the exclusion was based upon whether the deceased veteran had attended a pervasively sectarian religious college or had majored in devotional theology?

Here is a link to the governments "Available Emblems of Belief for Placement on Government Headstones and Markers." The Wiccan Pentancle is now included.