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Col. Maria Morgan, deputy adjutant general for the New Jersey Department of Military and Veterans Affairs, on Friday ordered Cubbage restored to his position at the Brig. Gen. William C. Doyle Veterans’ Memorial Cemetery in North Hanover.
Cubbage, a Vietnam combat veteran and evangelical Christian, recited "God bless you and this family, and God bless the United States of America,’’ as he presented folded flags to Army veterans’ families.
He was fired for deviating from "standard presentation protocol.’’ Cubbage argued the protocol he received when he started the job said the blessing should be used when a family expressed a religious preference.
The day he was fired, Cubbage said, the son of a deceased veteran approached him and specifically requested he use the blessing.
The Rutherford Institute, which often handles religious-rights cases, has received the written offer mailed by the state.
Whitehead said the it did little more than offer Cubbage his old job, and did not address compensation for the months the guardsman could not find another job because of the firing.
It also said nothing about rewriting state policies to explicitly say what is allowed during the ceremonies, Whitehead said.
"That’s not fair to anybody,’’ he said. "That’s not fair to him.’’
The Rutherford Institute planned to draft a response to the state’s offer and see whether the two sides can reach agreement.
"Otherwise,’’ Whitehead said, "the possibility of litigation looms on the horizon.’’
