Flying Spaghetti Monsterism Rejected by Federal Judge

U.S. District Judge John Gerrard in Lincoln, Nebraska rejected an argument from an inmate in Nebraska who says prison officials violated his rights as a follower of the Flying Spaghetti Monster. Judge Gerrard ruled that Stephen Cavanaugh's argument contained important issues, but that Flying Spaghetti Monsterism(FSM) was not entitled to protection as a religion. Judge Gerrand wrote that FSM is a parody religion to raise an argument about science, evolution, and religion in public education.

Cavanaugh filed the complaint in 2014. He said that officials ignored his requests to observe his religion, and he found assertions about FSM being a parody religion offensive. He claimed that the prison refused to let him dress as a pirate, which the Church of the Flying Spaghetti Monster teaches were the first members of their religion. Cavanaugh was not allowed to meet for weekly worship services or to receive communion, which consists of a large portion of spaghetti and meatballs. He has openly declared his beliefs for years and has several tattoos regarding his faith.

Cavanaugh sued for an injunction and monetary damages saying that his First Amendment and equal protection rights were violated. Judge Gerrard stated how Cavanaugh failed to state how his exercise of his faith had been burdened by this supposed discrimination. While the prison officials didn't allow Cavanaugh to dress as a pirate or receive communion, their actions didn't amount to a civil rights violation because it didn't make it unable for him to practice Flying Spaghetti Monsterism. Judge Gerrard dismissed the complaint and motion for a hearing.

Comments from Allen: As long as there are special protections for "religious freedom" in the United States,w the Stephen Cavanaugh's of this world will be trying to scam the system in the name of a new "religion."  When I was in college, a professor informed us that two years earlier, during the peak of the Viet Nam war draft, one of his students had become an "ordained minister" by responding to an add on the back of a book of matches.
After being awarded his dubious degree and having thereby become an "ordained minister" in that on-fire religion, the student came to class and laid hands on each student in his political science class, saying the words "I ordain you" as he did.  By this series of acts, he made it possible for each student in the class to avoid the draft by becoming an "ordained minister" and qualifying for exemption under the Selective Service Act.

Defining exactly what a religion is has always been problematic for courts.  In recent years, devil worship and atheism have tried to claim the same protections as Catholicism and Judaism.  Moslems at Guantanamo have been given special schedules and diets to accommodate their faith.  Judges try to accommodate the faith of those practicing a recognized religion by making accommodations that don't infringe upon the rights of others.

Kudos to the judge in this case for drawing a line and refusing to recognize what is obviously a parody religion with no rights to special treatment under the U.S. Constitution.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

http://www.courthousenews.com/2016/04/15/flying-spaghetti-monsterite-loses-his-case.htm

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