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The Rutherford Institute Secures Victory for Honor Guardsman Fired for Offering God's Blessing at Military Funerals

SSgt. Patrick Cubbage Returns to Work at Doyle Veterans Memorial Cemetery

PHILADELPHIA--Rutherford Institute attorneys have reached a settlement on behalf of Patrick Cubbage, a Vietnam combat veteran who was fired from his job as an honor guardsman at a veterans memorial cemetery for saying "God bless you and this family, and God bless the United States of America" as part of the formal color guard flag ceremony for deceased veterans. The settlement with New Jersey's Department of Military and Veterans' Affairs (DMAVA) calls for Cubbage to be reinstated to his position and to be paid the wages that he lost for the period he was out of his job. DMAVA will also revise its operations manual to respect the religious preferences of family members of deceased veterans. Under the settlement, the new standard procedure will call for the cemetery to ascertain in writing the religious preferences of the deceased veteran's family and the funeral detail will then provide religious components of the funeral service as directed by the family.

Cubbage began working as a part-time honor guardsman at Brig. Gen. William C. Doyle Veterans Memorial Cemetery in North Hanover, N.J., in October 2001. Part of his duties as an honor guardsman included presenting a folded American flag to the deceased veteran's family members following the words: "This flag is presented on behalf of a grateful nation and the United States Army as a token of appreciation for your loved one's honorable and faithful service." On occasions when the deceased's family specifically requested a blessing, Cubbage would then proffer the following blessing, which is customary according to the federal flag manual: "God bless you and this family, and God bless the United States of America." In October of 2002, after a fellow honor guardsman complained about Cubbage's use of the blessing, a supervisor ordered him to stop referring to God. Cubbage pointed to military protocol stating that the blessing should be included as part of the graveside ceremony "if the next of kin has expressed a religious preference or belief." Nevertheless, the supervisor insisted that Cubbage stop using the blessing. Cubbage reluctantly agreed to use the blessing only if the deceased veteran's next of kin specifically requested that it be included. On October 31, 2002, the son of a deceased veteran asked that Cubbage include the blessing in his graveside presentation. Shortly afterwards, a fellow honor guardsman reported the incident and Cubbage was fired for including the simple blessing in the graveside ceremony.

"Patrick Cubbage's reinstatement to his position as honor guardsman is an admission by Doyle Cemetery officials that he did nothing wrong," said John W. Whitehead, president of The Rutherford Institute. "The Rutherford Institute will continue to monitor Doyle Cemetery and other Veterans' Administration cemeteries to ensure that they respect the Department of Defense-approved protocol for military honors funerals and refrain from retaliating against employees like Patrick Cubbage who speak out on behalf of the religious rights of veterans' survivors."

The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.


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Nisha N. Mohammed
Ph: (434) 978-3888, ext. 604; Pager: 800-946-4646, Pin #: 1478257
Email: Nisha N. Mohammed

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