Submitted By: Mike Spindell, Guest Blogger
A story four days ago caught my attention and I thought I’d present it for discussion. In recent years many have claimed that there is a “war on religion” taking place in America. This “so-called war” has been the result of many rulings that have tried to enforce the cherished principle of “freedom of religion”, but of necessity could also be called “freedom from religion.” When I was young most of the stores in my neighborhood were required to close on Sunday, the Christian Sabbath. This was a hardship for Jews that celebrated their Sabbath on Saturday and Muslims that celebrated their Sabbaths on Friday. It affected Asian merchants, with their own native beliefs, that didn’t have a formal Sabbath. Many of these “blue laws” have been repealed because of the reality that they are showing preferential treatment to one particular religion, in a country that is made up of many religions and whose Constitution is believed by many to ban such preferential treatment.
The Supreme Court’s most important case on “blue laws” is McGowan vs. Maryland.
“The Supreme Court of the United States held in its landmark case, McGowan v. Maryland (1961), that Maryland‘s blue laws violated neither the Free Exercise Clause nor the Establishment Clause of the First Amendment to the United States Constitution. It approved the state’s blue law restricting commercial activities on Sunday, noting that while such laws originated to encourage attendance at Christian churches, the contemporary Maryland laws were intended to serve “to provide a uniform day of rest for all citizens” on a secular basis and to promote the secular values of “health, safety, recreation, and general well-being” through a common day of rest. That this day coincides with Christian Sabbath is not a bar to the state’s secular goals; it neither reduces its effectiveness for secular purposes nor prevents adherents of other religions from observing their own holy days.[9]
There were four landmark Sunday-law cases altogether in 1961. The other three were Gallagher v. Crown Kosher Super Market of Mass., Inc., 366 U.S. 617 (1961); Braunfeld v. Brown, 366 U.S. 599 (1961); Two Guys from Harrison vs. McGinley, 366 U.S. 582 (1961). http://en.wikipedia.org/wiki/Blue_laws
I personally disagree with the SCOTUS decision in these cases and think that the logic used is disingenuous. The purpose of the Sunday “blue laws” was of course to promote religious attendance and encourage that attendance at Christian services on Sunday. A secondary reason was one of respect to Christianity and its belief that the Sabbath day of rest demanded in the Ten Commandments was Sunday. To say that it was to serve as a “uniform day of rest for all citizens” is frankly an untruth and adds intent to these laws that was never present in their imposition. This week though another ruling came down in what I see as a related case involving what I see as our right to have “freedom from religion” and I would like to add that to the discussion.“SAN FRANCISCO (RNS) An atheist parolee should be compensated by California after the state returned him to prison for refusing to participate in a religiously-oriented rehabilitation program, a federal court ruled Friday (Aug. 23).
A three-judge panel of the U.S. 9th Circuit Court of Appeals unanimously ruled that a lower court judge erred when he denied Barry A. Hazle Jr., a drug offender and an atheist, a new trial after a jury awarded him no damages.
In a move that could have wider implications, the appeals court also ordered a Sacramento district judge to consider preventing state officials from requiring parolees attend rehabilitation programs that are focused on God or a “higher power.”
Hazle was serving time for methamphetamine possession in 2007 when, as a condition of his parole, he was required to participate in a 12-step program that recognizes a higher power. Hazle, a life-long atheist and member of several secular humanist groups, informed his parole officer that he did not want to participate in the program and would prefer a secular-based program.
According to court documents, the parole officer informed Hazle the state offered no secular treatment alternatives. When Hazle entered the program but continued to object, he was arrested for violating his parole and returned to a state prison for an additional 100 days.
Secular Organizations for Sobriety, a 12-step program with no emphasis on God or a higher power, runs multiple programs in California, but had none near Hazle’s home in Northern California during that period.
Hazle sued, alleging his First Amendment rights had been violated. The district court agreed, citing well-established rulings supporting Hazle’s claim, but allowed to stand a jury’s conclusion that he deserved no compensation.
Friday’s ruling requires Hazle be awarded a new trial for damages and compensation.
“The jury’s verdict, which awarded Hazle no compensatory damages at all for his loss of liberty, cannot be upheld,” Judge Stephen Reinhardt wrote in the court’s opinion.
“The jury simply was not entitled to refuse to award any damages for Hazle’s undisputable — and undisputed — loss of liberty, and its verdict to the contrary must be rejected.”
The case now returns to the district court in Sacramento.” http://www.huffingtonpost.com/2013/08/26/barry-a-hazle-atheist-religious-rehab-california_n_3818833.html
As someone with some expertise in drug addiction treatment and who is also quite familiar with “12 Step Programs”, I have always been a little troubled by the prominence of appealing to a “higher power”, to which they give a great deal of significance. I understand that Bill W. in his original formulation was trying to cater to people of varied religious beliefs and in truth that was a good thing in that it created a somewhat universal methodology. The 12 Steps were an appeal to humanity’s spiritual nature and were also developed in the context of a world where religious beliefs held far more sway than today. http://en.wikipedia.org/wiki/Bill_W. As interpreted then and today the appeal to a higher power is referent to a divine being. This is not necessarily so, nor is believing in a higher power necessary for a 12 Step Program to work. The proof of that was mentioned in the body of the quote above which names “Secular Organizations for Sobriety” as one example of a 12 Step Program that does not deal with a deity or paranormal force.
As this quote from Wikipedia shows that the idea of spirituality can take many different forms other than the belief in God of a Higher Power:
“There is no single, widely-agreed definition of spirituality.[1][2][note 1] Social scientists have defined spirituality as the search for the sacred, for that which is set apart from the ordinary and worthy of veneration, “a transcendent dimension within human experience…discovered in moments in which the individual questions the meaning of personal existence and attempts to place the self within a broader ontological context.”[8]
According to Waaijman, the traditional meaning of spirituality is a process of re-formation which “aims to recover the original shape of man, the image of God. To accomplish this, the re-formation is oriented at a mold, which represents the original shape: in Judaism the Torah, in Christianity Christ, in Buddhism Buddha, in the Islam Muhammad.”[note 2] In modern times spirituality has come to mean the internal experience of the individual. It still denotes a process of transformation, but in a context separate from organized religious institutions: “spiritual but not religious.”[5] Houtman and Aupers suggest that modern spirituality is a blend of humanistic psychology, mystical and esoteric traditions and eastern religions.[6]
Waaijman points out that “spirituality” is only one term of a range of words which denote the praxis of spirituality.[10] Some other terms are “Hasidism, contemplation, kabbala, asceticism, mysticism, perfection, devotion and piety”.[10]
Spirituality can be sought not only through traditional organized religions, but also through movements such as liberalism, feminist theology, and green politics. Spirituality is also now associated with mental health, managing substance abuse, marital functioning, parenting, and coping. It has been suggested that spirituality also leads to finding purpose and meaning in life”. http://en.wikipedia.org/wiki/Spirituality
It is quite easy for me to envision that someone can undergo a major transformation in their life, to even conclude there is meaning to it for them and yet not believe in any God or Higher Power. This transformation can be deemed spirituality in my book and yet have nothing to do with supernatural phenomena. Perhaps you differ, but I would caution you to at least consider that Mr. Hazle, in the case above, may well transform his life even if he is a confirmed atheist. He need not believe in a higher power in order to end his addiction and forcing him to serve another hundred days was indeed an unwarranted punishment.
Submitted By: Mike Spindell, Guest Blogger
A young man in New Jersey just appealed, and won the right to have “ATHEIST” as a license plate. The local DMV had rejected it, saying it was “obscene”. I believe the state overruled it. Some things are changing for the better.
In god we trust….. It has to be…. It’s printed on the money….. But, I think he court was correct in the parolees case..,how can you reject compensation when liberty was taken away…l
Chick fil a does close on Sundays. Don’t know what oher stores might. I remember when I lived in NYC coming to Phila for the holidays, Christmas and Easter. I was astounded that the city was closed down for both as though no other religion existed. That has also changed.
As for the Higher Power, good if you have one but I agree with the Court.
Too many people want to turn this country into a theocracy.
The reason given here that blue laws were repealed is false. They were not repealed because one religious viewpoint was being favored at all. Blue Laws were repealed because commercial interests appealed to the citizenry with a strong economic development and convenience argument that won people over and that is how support for the repeal of blue laws advanced. It had little to do with religious freedom. In fact, it had absolutely nothing to do with it. It was commercial interest combined with the convenience argument and nothing else.
What came to my mind throughout the reading of this blog post is Whitney Houston singing “I found the greatest love of all inside of me.” It is my understanding that the “higher power” used in rehabilitation programs allowed a person to choose that power, so I don’t understand why one cannot find that power within himself. This is merely a semantics issue to me. It is a matter of finding that power/motivation that enlightens an individual the same way as having an epiphany (a moment of sudden revelation or insight), that might enable the individual to reach beyond his usual artificial fix to find strength within himself.
What difference does it make what we call it; be that god, higher power or spirituality? People will always become accustomed to thinking too much about what others think of a specific word rather than letting it mean what it means to oneself. I dare say that many persons needing such a self-help program are already riddled by low self-worth and care too much about what others think. A different example might concern the disabled. I don’t recall the order of events so allow me to loosely illustrate what I mean. Did the disabled first take offense at being labeled disabled or handicapped to now simply being challenged? Regardless which word is used, the word itself will always come to reflect their limited capabilities, and thus result (for some) in feeling less than normal. Therefore, the real problem doesn’t lie in which word is used define their circumstances but rather their self-worth and self-identity. Similarly, the term “higher power” doesn’t have to limit a person to what others contemplate that power to be. I suspect the program is merely attempting to get the addict to reach beyond his preferred substance which led him to his despair, and find something better–higher–that will enable him to conquer his addiction.
Honestly, I find it curious that atheists–who usually ascribe to or revere the scientific method for ascertaining knowledge–would become so gripped by what others think a simple word or expression means. It intrigues me because, to me, it demonstrates how much he is still guided or controlled by religion.
Blouise, Who are the experts?
Blue laws weren’t repealed because everybody “lost” their religion. Blue laws were repealed because good Christians were losing money.
I can remember when absolutely nothing, not even a gas station, was open on Sunday. Then the post WW II population exploded, growth in the suburbs exploded, Sunday was the only day off and people dam well wanted to spend some money and have some fun.
One knew it had all fallen apart when the Catholic Church started offering the anticipatory Mass on Saturday evening. (1983 Code of Canon Law states: “The precept of participating in the Mass is satisfied by assistance at a Mass which is celebrated anywhere in a Catholic rite either on the holy day or on the evening of the preceding day”)
Blue laws morphed to green laws
As to the power of the 12 step programs in transforming lives, I leave that debate to the experts.
I haven’t lived with Blue Laws except for the ones where you can’t buy booze on Sunday. But, my father said when he was younger, he hated the Blue Laws. He says they kept him from buying things that he needed, when he needed them.
Now, he says looking back, the Blue Laws were a great idea because it kind of forced everybody to slow down their lives a little. Who really needs to go to the mall and buy crap on Sunday is how he sees it. Better to sit on the front porch and read the paper and relax. He says we’ve lost something by being too political about little things.
As far as the atheist drunk in AA- – -tough! if he had any sense he wouldn’t be a drunk. This is his sign that he needs a “higher power”, because he sure isn’t getting anywhere doing things his way. Or, he wouldn’t be a drunk having to get ordered to go to AA.
Squeeky Fromm
Girl Reporter
When I moved to KC in 1975 I was appalled @ the myriad of blue laws. By the mid 80’s, many had been repealed. Not spurred by secularists, but by businesses.
I live in the home of The Freedom From Religion, Madison, Wi. I understand the balance it provides. However, as I’ve said here previously, they alienate many people w/ their often trivial pursuits. Regarding AA..I get it. You don’t believe in God. Fine. But, AA has saved too many lives, including people I love dearly, to be messed w/. Please, have secular programs, but one doesn’t need to scoff @ AA. Just create, conduct, etc. your secular program in a positive manner. You don’t need to stand on a soapbox.
P Smith, so you feel there is no difference between being raped and not being able to buy a socket-set on Sunday.
whoa.
I won’t even bother with your silly notion that there has never been a case of an attempt to dictate private religious practice or participation. That just shows a lack of education – something easily rectified.
However to equate rape with laws requiring a business to close one day a month shows a lack of humanity and a degree of sociopathy that is obscene and a bit scary.
I can only assume that you are talking in hyperbole. I can only *hope* that you are talking in hyperbole.
Just a few years ago, the German owned Aldi stores observed their blue laws, until customer preferences convinced them to open Sundays. I believe they were the last big places to adopt/adapt.
Blue laws, like early slavery laws in our constitution, were created and upheld by legal mumbo-jumbo, a form of blue smoke, a fog obscuring the proper boundary lines.
A genetic hangover from The Holy Roman Empire feudalism which eventually captured then perpetuated the enslavement of what became the church of states:
(American Feudalism – 2, quoting the Catholic Encyclopedia). Some feudal dynamics morphed into modern counterparts and are still with us and in full power.
Do laws against rape and child molestation prevent people from voluntarily having sex? No, they don’t. They prevent predators from forcing themselves on others who are unwilling to participate in an act that should happen between consenting adults. And those who are too young to consent, too young to have knowledge, need to be protected from those who want to take advantage of their innocence
The same applies to religion. If people want to go to church voluntarily or pray in private, no one is stopping them. In all the attempts to keep religious dictators out of power (e.g. the lessening influence of religion in the US military), there is not a single attempt to dictate private religious practice or voluntary participation in a religion.
But anyone who wants to make laws based on religion, force religious rules onto not members, is no better than a rapist. And those who attempt to force their religion upon the children of others through schools are no better than pedophiles. Parents who raise their children with a different religion than the majority, or no religion at all, have the right to protect their children and themselves.
There is no ethical difference between a cop who uses his badge and position to force his penis down a woman’s throat and a politician who uses his elected position to force his religion down other people’s throats.
**Otteray Scribe 1, August 31, 2013 at 1:22 am **
Your case in point I believe in the below link.
I knew Mr Cooper for decades.
I was attempting to warn locals/local businessmen decades back what the risk were & why they needed to beef up their personal/families/biz security.
I haven’t said to any I told you so, but I’ve thought it.
The Accused’s rap sheet I seen on another site tells me he was likely a light stick of dynamite looking for a place to go off.
http://barnsdalltimes.com/http:/barnsdalltimes.com/news/two-charged-in-fatal-skiatook-robbery-murder-charges-expected-to-follow
OS,Robin,
A sharp man I know once observed: ” A Man, (gal), has to know what his mix is.
In other words he needs to figure out what it takes, his mix, to be comfortable in his on skin.
He had 4 sons, 3 are doing fine, one never figured it out.
Some never figure it out.
Some cops see one to many bloody car wrecks, Vets about the same in some cases, Solitary confinement, a human or an animal, at a point they go insane & I don’t think they can be brought back to some kind of normalcy in many cases.
I’m curious, let’s see the double blind studies of the subject. Loosely confine some troubled souls. Give them their choice of a comfort gal/guy & all the cannabis they wish, pizzas etc…, no/little alcohol, cigs, coffee, opeits (sic). It’s late..
Some 3 months, some 2 years …. & what are the after effects?
Anyway just food for thought & I’ve wondered knowing thousands of people over the years & their personal struggles.
Gnite
RobinH45,
Thanks for the observation. I know why all the RSAT programs were defunded. The money ran out due to the wrangling in Washington. There were poor programs, but some were good. They threw out the baby with the bath water. There are way too many people who think it is best to not “coddle” offenders, that they should rot in jail or prison. That satisfies a sick need in the authoritarian personality. Besides, it costs money and in our current climate, spending taxpayer money on treatment is not cool. Those who make these decisions fail to see the connection between an unrehabilitated offender getting out and robbing them for drug money, and refusing to spend money on getting a FORMER offender into the work force.
@ Mike S excellent blog very excellent
Otteray i am also a former substance counselor and i think i know why your program was defunded. see im also a recovering addict and THANK my higher power that i went in rehab just before they made all the crazy changes. i graduated from Odyssey House back in 97 entered it in 95. when it was still a TREATMENT PROGRAM and not a daycare for adults. which is how i see todays rehabs.
This isn’t the trusted site I knew years back, but it is what came back in a search for the site Ritejack.com
It appears at a late night glance to be close to on track with my point.
http://www.nobeliefs.com/Tripoli.htm
Good stuff Mike, and completely consistent with my long held opinion about such coercive programs.
Back in 1998, I was asked to write a proposal for a Residential Substance Abuse (RSAT) grant. One of the items mentioned in the RFP (Request for Proposals) was a condition that the program incorporate a 12-Step program into the treatment protocol.
I balked on that. In the proposal, I had a counter offer. First, if they want me to run a program, it will be on my terms, using the treatment protocol I designed, not one somebody else designed decades ago. Second, I pointed out the 12-Step program was faith based and in a correctional setting; therefore, it ran directly afoul of the First Amendment. We would have people of all faiths and no faith, and the 12-Step program is blatant proselytizing for one particular faith. My program was secular, based on proven therapy techniques.
We got the grant and it lasted until last year. We were defunded in the Spring of 2012 after a run of more than thirteen years. That is another story for another time.