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 Many of these “blue laws” have been repealed because of the reality that they are showing preferential treatment to one particular religion, in a country that is made up of many religions and whose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
Obviously the parole officer is mailing in his job. The law suit was unnecessary. There are alternatives.
While the standard AA program pushes God — at least to an extent greater than other recovery programs — there are atheistic 12 step programs with on line meetings. The tough part is finding a sponsor.
NA accepts alcoholics and is lenient in defining “higher power.” It can be the group or reality itself.
Many in AA , not just atheists, give lip service to higher power. They credit accountability to the group or sponsor as being of much greater importance.
There is a movement to take the athiestic version of 12 step programs and meld it into mindfulness therapy. Mindfulness alone has tended to be about as successful as AA.
Here is a extensive resource page —
http://aaagnostica.org/2012/09/02/mindfulness-and-the-12-steps/
But off-hand, the PO is a putz
nick spinelli 1, August 31, 2013 at 3:34 pm
Wait a minute. Dredd, I tried to quit smoking cigs once, cold turkey, and did it. I smoked from 1975-89. I don’t think anyone uses a 12 step program to quit smoking. We’re talking serious substance addictions. BIG difference.
==============================
Yep.
Reality is the BIG difference big guy:
(NICOTINE: HARDER TO KICK…THAN HEROIN). Don’t let your addiction to unreality get in your way BIG guy.
You have a real Nick for the other.
Just sayin’ …
To call AA “better than nothing” is pathetic coming from someone who is allegedly “empathetic.” you see, there’s no money to be made by the “helping” professionals. The private and public folks who make a living on these folks addictions. Some of the best treatment facilities in this country have 12 step programs as part as their in patient and aftercare regimen. We’ve been ok of late but not here..not here.
The nostalgia part of 12 steps can be a problem. Good groups call people on that quickly, however.
I’ve seen people go to “experts” and bullshit them. You can’t bullshit an AA group, they’ve seen it all.
Experts are people who have battled addiction, not letters after your name.
You have obviously not seen the ravages of those drugs, particularly meth. Not even close. Where did you get his info??
“To call AA “better than nothing” is pathetic coming from someone who is allegedly “empathetic you see, there’s no money to be made by the “helping” professionals.”
“I’ve seen people go to “experts” and bullshit them. You can’t bullshit an AA group, they’ve seen it all.”
“Experts are people who have battled addiction, not letters after your name.”
Nick,
I’ve seen more ravages from drugs than you, or most people have. How many lives have you saved from suicide? How many times have you been out at 3:00 am at someones house trying to keep them from killing themselves? How many times have you had to deal with people released too early from drug rehabs because their insurance ran out? Now it would be interesting if you didn’t make these statements and addressed them to me. It also might be interested if you didn’t use this sneaky method of attack. A perusal of my answers to you showed no hint of attacking you, only disagreeing with your premises, with no negative connotations. It seems though, just as in the past you don’t like your pontificating disagreed with and that your reading comprehension is sadly focused only on your ideas.
“I was trained in AA as a counselor. And, I’ve attended AA meetings w/ friends and family.”
Excuse me Nick,
I had forgotten that you are an expert……..in everything.
Oh and as usual you provide no opinion about the subject of this blog which is the man being incarcerated for 100 more days than he should have been. To busy I think expressing your own expertise.
“As far as the atheist drunk in AA- – -tough! if he had any sense he wouldn’t be a drunk.”
Squeeky,
Look up empathy because it is an excellent attribute which you seem to lack. Maybe you can fake it.
Tony, Then the higher power can be your higher use of your brain and controlling the part of your brain that is affected by the addiction. I was trained in AA as a counselor. And, I’ve attended AA meetings w/ friends and family. There is no pushing of religion. Now, if you find a group that is very religious then just go to another group. However, some folks I know who have gotten help while not ardent atheists, are certainly not religious. And, if it were being pushed they would not abide. I’m going to assume it happens in some groups, just knowing very religious evangelicals. But, it should not.
“We’re talking serious substance addictions. BIG difference.”
Nick,
“Au contraire”. From a physical a public health standpoint the addiction to cigarettes is every bit as destructive as addiction to coke or meth or heroin or methadone. The difference is that these other drugs are illegal and therefore support big money criminal activities and for addicts to be criminals to get their fixex.
“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.”
“Blouise, Who are the experts?”
Nick,
Well for one I am an expert, as is OS. Besides my education, training, years of professional work, I also created four Drug Rehab programs using the “sober house” concept for transitioning from Rehab Programs to society. Their success is indicated by their continues functioning for more than a decade. The dirty truth about addiction treatment is that the “cure” rate fluctuates between 15% and 20%, with some doubt about the accuracy of the figures. Te other truth about all of these programs is that they work only if the individual is motivated to take responsibility for themselves. This is also true about psychotherapy.
The problem with the AA approach is that by the idea”surrendering to a higher power” many diminish their own responsibility for their addiction. The concept is of course one with greater depth of meaning, but addicts have a way of taking the easy way out. The other problem I’ve encountered with AA and NA is that much of the stories reflect a kind of sad nostalgia for the past lives of addiction, mixed with stories that give the impression that the addiction was a fun time. This was especially true of NA where “war stories” predominate. Nevertheless, I used to recommend AA to my patients as it was better than nothing and at least their regular meeting attendance gave structure to their lives.
Interestingly though, the point I was making in this blog was of a more complex nature that putting down AA. It was about this man jailed for 100 days because he wouldn’t go to a faith-based program and the legal implications of this. Though that too wasn’t the real point which was about religion impinging on people’s freedom, which I consider to be a violation of Constitutional concepts.
Wait a minute. Dredd, I tried to quit smoking cigs once, cold turkey, and did it. I smoked from 1975-89. I don’t think anyone uses a 12 step program to quit smoking. We’re talking serious substance addictions. BIG difference.
The American Taliban is alive and well in the ole USA, and sitting behind benches and robes……
Tony C. 1, August 31, 2013 at 2:03 pm
I am an atheist, and I am more generally a non-super-naturalist.
I don’t know about finding anything “transcendant” in life, but I believe I have overcome “addictions” in my life (none of them illegal) that were difficult but possible by willpower, without any assistance or appeal to anything or anyone but my own emotional commitment to long term health and well-being.
…
===============================
I did that once too, at 19, as an atheist.
I quit the cigarette smoking addiction cold turkey.
Never smoked again.
I am an atheist, and I am more generally a non-super-naturalist.
I don’t know about finding anything “transcendant” in life, but I believe I have overcome “addictions” in my life (none of them illegal) that were difficult but possible by willpower, without any assistance or appeal to anything or anyone but my own emotional commitment to long term health and well-being.
I know several other atheists that have found it within themselves to do the same. It is possible to change your mind, with an emphasis on literal change. If you think about it, learning any new skill is literally changing your mind.
For the atheist the higher power is a fiction, so anything people can do with a fiction can be done without it.
We atheists can give up negative behaviors and addictions by training ourselves to focus on the aftermath and consequences of surrender as the greater counterweight to the immediate reward of surrender. Training can be a struggle, mistakes can be made, but if you look at it as a learning and training process it can be mastered, thinking about the mistakes and what could prevent them eventually prevents all future mistakes.
As a non believer who believes in satisfying all religions, I would have the day of rest on Tuesday. Of course then the day before will be a day off for some making Monday and Tuesday the Weekend. Since weekends are made for Michelob we will not to have a beer day for other brands on Wednesday through Sunday. Then we will have to give each religion a day off on their respective days.
Maddog, I like your thinking…
nick spinelli
Blouise, Who are the experts?
==================================
Anybody other than me.
One of the main reasons why businesses close on major Christian holidays is to be nice to their employees. It’s the money grubbing companies that make their employees work. Good companies will offer Jews, Muslims, etc. their major holidays off also. I worked @ a hotel that, of course, had to stay open on Christmas. The Jews, Muslims, etc. volunteered to work for Christians. Religion is also good.
Here in Germany, shops are closed on Sundays. I´ll admit, it wasn´t easy to get used to at first, but now I love it. One day a week to just “be”. Sleep in, long breakfast, long walk, meet with friends/family in the afternoon get mentally prepared for the upcoming week in the evening. Hardly anyone I know here goes to church.
rippleton, I agree w/ “higher power.” Life is not NEARLY as complicated as some make it. And, regarding “handicapped, disabled” PC horseshit. I have spoken w/ regular wheelchair bound folks as well as a wheelchair bound activists. Almost to a person, they call themselves, “Crippled.” They loathe the PC terms put out there by people who are not part of the Crip Culture[the name of a doc showed by the wheelchair bound activist] and find pleasure in condescension and paternalism. One said it eloquently albeit profanely, “Hell, I’m crippled, I can’t f@ckin’ walk. I’m not ashamed I’m crippled. I don’t need some delicate word. Being crippled ain’t delicate, it’s tough and we’re tough.”