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.

***********************************************************************************************************************

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

Comments

Post a Comment

Popular posts from this blog

7 Things Lawyers Can't Tell Jurors

Image
 It is a trial lawyer's job to educate jurors, and tell them what they need to know in order to decide cases. Despite this, there are many things, true things, that lawyers are not allowed to tell jurors directly in statements to the jury or indirectly through testimony of their witnesses. Lawyers know these things, though, and I thought you might like to know some of things. #1. A lawyer can't tell the jurors anything that happened during settlement negotiations. He cannot let the jurors know, when asking them to make the defendant pay his client $100,000 that the defendant agreed to pay him $80,000 prior to the trial. The reason for this is that you want settlement negotiations to be very open. You don't want to damage a negotiation session because someone is afraid that what they say will get repeated to a jury if you don't strike a deal. #2 In Idaho, a lawyer can't tell the jurors that the defendant has insurance. In many other states, he can. Bec...
Read more

OBAMA APPOINTEE DENIES GIULIANI ABILITY TO DEFEND HIMSELF, RESULTS IN $148 MILLION JUDGMENT

Image
In the aftermath of the January 6, 2021 protests, Rudy Giuliani has been ordered to pay over $148 million in damages to two Georgia election workers named by the former New York mayor.  What has not been explained to the general public is that there was never any trial concerning whether Mr. Giuliani had actually slandered or libeled these two persons.   In the case of Giuliani, the two Georgia election workers listed as plaintiffs in the suit against Giuliani sued him for saying they engaged in what amounted to election fraud.  They are allowed to ask the defendant ex-mayor for documents relevant to their suit and to his defense. These women brought their case against Giuliani in a jurisdiction that is heavily populated with Democrats.  They could have sued in their home state, Georgia, but did not. They wanted a jury pool of anti-Trump democrats, so they sued in Washington, D.C. They managed to get an incredibly biased Barack Obama-appointed, anti-Trump judge....
Read more

Man Framed by Prosecutor Released After 29 Years in Prison Seeking Lawsuit

Image
19 year old, Charise Kamps, was found raped and strangled to death in her apartment in June 1980. Ralph Armstrong told the police that both of them were at the apartment alone doing cocaine before leaving to go see friends around 9:30 pm. Police said that they learned that Armstrong owed Kamp's boyfriend $400 and witnesses saw Armstrong handing Kamps money that night. However, the money was not found in the apartment, and Armstrong deposited $315 in his bank the next day.The defense argued that he got the money from his brother. One of the neighbors saw a lean, muscular man about 5 feet 5 inches tall with long, dark hair drive up to the apartment. Before the identification process, the police had the witness hypnotized. He was shown a photograph of Armstrong, and After being hypnotized, the witness changed the height of the man he saw. Later at a lineup to have the witness select the man he saw, he chose Armstrong. The other people in the lineup were police officers in wigs...
Read more