Settlement Reached in VA Discrimination Suit
Updated: Thursday, 22 Sep 2011, 7:40 PM CDT
Published : Thursday, 22 Sep 2011, 7:40 PM CDT
Published : Thursday, 22 Sep 2011, 7:40 PM CDT
JUAN A. LOZANO, Associated Press
HOUSTON (AP) — Several veterans groups who had sued the U.S. Department of Veterans Affairs over claims of religious discrimination by Houston VA officials have agreed to settle their lawsuit, according to court documents filed on Thursday.
The lawsuit filed by the Veterans of Foreign Wars District 4, the American Legion Post 586 and the National Memorial Ladies said VA officials barred prayer and religious speech in burials at the Houston cemetery unless families submitted a specific prayer or message in writing to the cemetery's director. The lawsuit also accused VA officials of not allowing the groups to use religious words such as "God" or "Jesus" at the cemetery.
VA officials had denied there was religious discrimination or limits on religious speech at soldiers' funerals in Houston or anywhere around the country.
The veterans groups and the VA filed a consent decree in Houston federal court announcing "they have agreed to resolve all matters of dispute between them." The agreement was reached earlier this month through mediation.
Hiram Sasser, director of litigation for the Liberty Institute, a Texas religious rights organization representing the veterans groups, as well as Josh Taylor, a spokesman for the Department of Veterans Affairs, declined to comment on the consent decree until the judge in the case approves the agreement.
During a court hearing last month, U.S. District Judge Lynn Hughes had asked both sides to work toward settling the lawsuit. It was not immediately known when Hughes would review the decree.
The settlement agreement lists 50 provisions that VA officials agree to adhere to. The VA said in the decree that certain of these provisions "are already the policy or practice of the department."
Some of these actions include no banning or interfering with prayers or recitations at committal services; agreeing to not edit or control the content of private religious speech and expression by speakers at special ceremonies or events at the cemetery; and agreeing not to ban religious speech or words such as "God" or "Jesus" in condolence cards or similar documents given by some of the groups that filed the suit.
The VA also agreed to pay the veterans groups' legal fees, which total $215,000.
The consent decree will stay in place for 15 years.
The allegations by the veterans groups followed ones made in May by a Houston pastor, Scott Rainey, who sued to be allowed to refer to Jesus Christ at a Memorial Day invocation at the Houston cemetery. Hughes issued a temporary restraining order forbidding VA officials from censoring the pastor's prayer.
The lawsuit, originally filed by Rainey and later joined by the veterans groups, had prompted several members of Texas' congressional delegation to ask the VA to investigate the allegations.
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