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Submitted photo The Stewart family stands by a Chinook helicopter prior to Sgt. Patrick Stewart's deployment to Afghanistan. Pictured, from left, are Steve, Sandy, Patrick and Roberta Stewart.
The Department of Veterans Affairs finalized a settlement and stipulation agreement to have the pentacle, a five-pointed star in a circle and the symbol of Wiccan and pagan religions, placed on tombstones or memorial markers at Arlington Cemetery and other recognized U.S. military burial grounds Monday.
Roberta Stewart, of Fernley, the widow of Sgt. Patrick Stewart of the Nevada National Guard who died in 2005 in a helicopter crash in Afghanistan, became involved in the litigation with the VA after her husband's death.
Stewart said she and other Wiccan family members can now rest and move on after the widely publicized issue that lasted nearly two years.
Roberta Stewart, of Fernley, the widow of Sgt. Patrick Stewart of the Nevada National Guard who died in 2005 in a helicopter crash in Afghanistan, became involved in the litigation with the VA after her husband's death.
Stewart said she and other Wiccan family members can now rest and move on after the widely publicized issue that lasted nearly two years.
Stewart put her personal life and grieving process on hold to fight a battle her husband could not fight against the United States government. Stewart served in the military as a Wiccan with the religion depicted on his dog tags and in his military records.
"He (Patrick) fought for people in this country to have their freedoms, yet he was denied his when he died fighting in a war," said Roberta. "I'm happy that religious freedom has prevailed and soldiers who fight and die for the freedoms of this county can be honored for their religious beliefs - regardless of what they are."
Although Stewart was granted a plaque depicting the pentacle from the Nevada Department of Veterans affairs in September 2006 at the Northern Nevada Veterans Memorial Cemetery in Fernley, a year after her husband's death. Until Monday, it still remained a non-approved symbol by the VA.
Following the placement of the memorial plaque by Nevada officials, Stewart, along with families of fallen Wiccan soldiers and Circle Sanctuary, began official litigation against James Nicholson, secretary of the VA, the VA, William Tuerk, undersecretary for memorial affairs, and U.S. Department of Memorial Affairs.
"He (Patrick) fought for people in this country to have their freedoms, yet he was denied his when he died fighting in a war," said Roberta. "I'm happy that religious freedom has prevailed and soldiers who fight and die for the freedoms of this county can be honored for their religious beliefs - regardless of what they are."
Although Stewart was granted a plaque depicting the pentacle from the Nevada Department of Veterans affairs in September 2006 at the Northern Nevada Veterans Memorial Cemetery in Fernley, a year after her husband's death. Until Monday, it still remained a non-approved symbol by the VA.
Following the placement of the memorial plaque by Nevada officials, Stewart, along with families of fallen Wiccan soldiers and Circle Sanctuary, began official litigation against James Nicholson, secretary of the VA, the VA, William Tuerk, undersecretary for memorial affairs, and U.S. Department of Memorial Affairs.
"We were negotiating and they (Veterans Affairs) knew we had documentation that would embarrass them in court, showing the discrimination," Stewart said during a phone interview. "One documentation we had was from a speech made by President George Bush in 1999 saying Wicca is not a religion. We had enough documented proof that the VA and President Bush could not pick and choose what religious beliefs can and cannot be honored."
Prior to and throughout the court proceedings against the VA, Stewart and Circle Sanctuary, a Wisconsin-based Wiccan church, had the support of Nevada state and military officials.
"I'm pleased we can honor a fallen Nevada Guard member with the symbol of the faith he practiced," said Maj. Gen. (Nev.) Cindy Kirkland, the adjutant general of the Nevada National Guard Tuesday.
"Sen. Reid is glad that Sgt. Patrick Stewart's memorial is finally being honored as he would have wanted," said Jon Summers, spokesman for U.S. Sen. Harry Reid of Nevada in an e-mail. "This achievement helps mark a symbolic closure for Roberta Stewart and other loved ones of troops who have sacrificed their lives for our country."
Prior to and throughout the court proceedings against the VA, Stewart and Circle Sanctuary, a Wisconsin-based Wiccan church, had the support of Nevada state and military officials.
"I'm pleased we can honor a fallen Nevada Guard member with the symbol of the faith he practiced," said Maj. Gen. (Nev.) Cindy Kirkland, the adjutant general of the Nevada National Guard Tuesday.
"Sen. Reid is glad that Sgt. Patrick Stewart's memorial is finally being honored as he would have wanted," said Jon Summers, spokesman for U.S. Sen. Harry Reid of Nevada in an e-mail. "This achievement helps mark a symbolic closure for Roberta Stewart and other loved ones of troops who have sacrificed their lives for our country."
The plaintiffs and other officials said they were pleased the case will finally be over and freedom of religion was upheld in court.
"I'm happy that religious freedom has prevailed and soldiers who fight and die for the freedoms of this county can be honored for their religious beliefs regardless of what they are," said Tim Tetz, executive director of Nevada Office of Veteran Services Tuesday.
According to the agreement, the pentacle must be added to the existing 38 approved emblems of belief listed by the VA immediately. All previous applications where blank markers exist are to be replaced within 14 days. Current applications must be completed and granted within 30 days. All applications after the 30 days of the agreement will follow the regular VA process as an approved symbol.
As part of the stipulation, all documentation the plaintiffs had against the VA or other officials had to be turned over to the U.S. government and a $250,000 settlement paid to the plaintiffs for attorney fees.
"I'm happy that religious freedom has prevailed and soldiers who fight and die for the freedoms of this county can be honored for their religious beliefs regardless of what they are," said Tim Tetz, executive director of Nevada Office of Veteran Services Tuesday.
According to the agreement, the pentacle must be added to the existing 38 approved emblems of belief listed by the VA immediately. All previous applications where blank markers exist are to be replaced within 14 days. Current applications must be completed and granted within 30 days. All applications after the 30 days of the agreement will follow the regular VA process as an approved symbol.
As part of the stipulation, all documentation the plaintiffs had against the VA or other officials had to be turned over to the U.S. government and a $250,000 settlement paid to the plaintiffs for attorney fees.
