The First Amendment to the Constitution is a vitally important document that is cause for great celebration and almost as much dispute.
It enshrines a number of very important rights — freedom of religion, speech, the press, to peaceable assembly and petition the government.
I believe the Bill of Rights was intended to protect people rather than the government or corporations (in fact the ONLY right afforded any corporation in the Bill of Rights is that given the press in the First Amendment) and yet, over the years, much law has developed that protects religious organizations at the expense of individuals.
This is not especially surprising given the nature of the legal system in the US — he who has the most money to hire the best lawyers has the greatest chance of prevailing.
I find it interesting to note that the original draft of the First Amendment by James Madison on June 8, 1789, was worded in this way:
“That in article 1st, section 9, between clauses 3 and 4, be inserted these clauses, to wit: The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed.”
It went through various rewordings until the final version as we now know it.
I think James Madison was prescient in his concern for the rights of individuals being abridged on account of religious belief or worship. That wording would protect individuals TO believe and worship as they choose, but also protect them FROM abuse on account of religion.
Today, the law has developed to protect religious organizations from having to comply with regulations that apply to everyone else, even though this may disadvantage individuals. Religions are not required to comply with labor laws for example and they can get away with actions that would be considered oppressive or even illegal were they outside the confines of a church. Scientology defrauds people out of money, promises them they can have it back if they ask, and then refuses — and then argues in court that Judges may not second-guess their determinations. It’s very ass backwards. Scientology demands secular courts enforce their religious agreements to engage in arbitration and then tell judges they have no right to even inquire into HOW they conduct their bs “arbitration.” And so fearful of stepping outside the bounds of First Amendment considerations about not engaging in “excessive entanglement” they get away with abusing the victims who are seeking justice all over again.
There is a powerful “religious lobby” in the United States, despite the proscription in the Internal Revenue Code that prohibits tax exempt organizations from lobbying.
The so-called “religious right” (because this bloc consists primarily of Christian conservatives) is seeking to give organized religion even greater power. It is a seductive argument — everyone loves “freedom of religion.” But is granting even more power and freedom to religious ORGANIZATIONS than they already have a good thing?
I certainly do not.
And I think it’s time Congress took action to protect the people.
The “press” in the 1st Amendment has nothing to do with a corporation (a group). “Press” in the 1st amendment has to do with an ACTIVITY not an organization. A PERSON engages in PRESS activities.
As far as labor laws goes, the government under the constitution, was not given any power over such private dealings. Whether between individuals, a church or other entity. No such laws can be made. But yes, being a church there are no protections that are not available to other entities
I think that you have raised legitimate concerns. If the public truly understood how Scientology organizations use the law to protect practices such as fair game, the abominable treatment of Sea Org members in programs such as the RPF, Truth Rundown and The Hole then they would be disturbed.
Scientology has billions of dollars and uses the deep flaws in our courts to the fullest. If you have nearly unlimited funds and your opponent doesn’t you have an almost insurmountable advantage in many cases. It should not be this way.
Amen, Mike. Nice take on this issue. Sidenote-i find it hilarious that ppl who live and die by ‘freedom of religion’ are so quick to deny others ‘freedom of the press’. Same amendment. But god forbid someone offend a ‘church’ by speaking about its abuses eh.
There is no political bloc, congressional committee, or any political action group that has the authority to grant or deny religious activities or restrict any religious organization. That power was given to the judicial branch. All issues pertaining to Interpreting the First Amendment, applying laws to individual First Amendment cases, or deciding if laws violate the First Amendment must go through the court system. Not a pretty picture if you consider that such disputes come down to a battle between lawyers.
“The civil rights of none shall be abridged on account of religious belief or worship.” So the ersatz religion called Scientology is violating the first amendment by:
1. Forcing people to go through “religious” arbitration even when they no longer believe the precepts of the religion;
2. Hunting down individuals who leave and forcing them to return;
3. Not allowing the individual to attend other worship services should they choose;
4. Keeping people prisoner or at the very least punishing them if they express doubt;
5. Stalking those who do manage to leave in an attempt to muzzle them in violation of their right to free speech;
6. Attacking people saying they are religious bigots if they exercise their right to free speech.
Only an organization which has religious protections can get away with such egregious violations of the First Amendment without consequences. It is long past time their religious status was stripped.
A full analysis would require much more space than can be given here, but the First Amendment is a limitation on government. A law restricting Scientology or Satanism would both be invalid. It is a shield rather than a sword.
At the same time, people have the right to equal protection under the law. Even assuming that deference is required for religious practices, deference does not mean abdication. One of the problems with the arbitration agreements is that courts have abdicated their responsibility to protect people equally under the law. A basic principles of contract law is that unconscionable contracts cannot be enforced, yet courts refuse to apply this basic test. People who have left Scientology are denied equal protection.
This is such an interesting thought. It brings up so much information that is useful to so many people.
Interesting post. You brought up very good points. Gives people alot to think about.
I have relatives who are Far Right Christians. My cousins; my actual blood cousins, the son of my late father’s youngest sister and his wife. Their mother, my late aunt, had her conversion in the mid-70s; she got her son and daughter in law in; her husband resisted for 20 years and then got dementia and was Born Again shortly before his death, getting in just in time to avoid the everlasting fire penalty.
These cousins of mine like me a lot and think I’m a good person and so forth and are therefore sad for me because I wont’ get Born Again and so am doomed to the eternal fire. They think this is a shame. I do too 🙂 So I do my best to cheer them up. From time to time I send comforting words and each Christmas I send them a fruitcake.
To the point:
These people VOTE, religiously, and I do mean that in every sense of the word. Religion first, ALWAYS. I could go on about the religious beliefs they want – excuse me, no, that GOD wants – incorporated permanently into our America laws but I’ve already pushed the envelope with this comment and if I told you how utterly intertwined (is that a word? Whatever) their religion is with their politics Mike would definitely have to censor this post. Suffice to say that my cousins have LOTS of company in this country when it comes to the fusion of religion with politics, politics with religion, i.e., the NON separation of church and state. And they vote.
They are essentially seeking to make America into a Christian version of Iran.
Right!