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suspicions and fears of families. Such scientific legitimacy is an important component of the deprogramming rationale." this group that has developed a rationale for destroying the victim's individual rights and liberties.

milder forms

of

However, little has

Organizations such as the American Family Foundation and Citizens Freedom Foundation would have us believe that kidnapping and confinement have been replaced by deprogramming called 'exit counciling'. changed. Just two months ago, a member of the Hare Krishna Movement was dragged into a van by hired thugs and taken halfway across the country. He underwent an eight day deprogramming session, then was transported to a rehab center in Ceder Rapids, Iowa. He was finally rescued by the city attorney and members of the ACLU. Gentlemen, this act of violence orginated within two

blocks of the Capitol building.

Such

rights.

actions clearly infringe upon one's constitutional

Steps must be taken to preserve those rights. Included in the common "deprogramming" are the illegal acts of false imprisonment, kidnapping, transportation across state lines, assault, rape and civil rights violations.

Section 1985(c) of the Civil Rights Act

states:

Two or more people cannot act on an agreement to deprive
any person or class of persons equal protection of the
laws, or of equal privileges and immunities under the
laws; nor can they injure another in person or property,
or deprive him of having and exercising any right or
privilege of a citizen.

This section protects individuals from conspiracies intended to deprive them of equal protection by the law. Therefore, not only has the "deprogrammed" individual been deprived of his First Amendment Rights to exercise religious freedom; he has also been deprived of his rights under the Fourteenth Amendment.

ABUSE OF CONSERVATORSHIPS

children

from religious

In an effort to remove adult organizations, parents have turned to the use of court ordered conservatorships. As ACLU attorney Jeremiah S. Gutman points out,

A typical state structure will provide for appointment
of a conservator or guardian of the property of someone
who has lost the capacity to manage his or her own
affairs. This type of arrangement is most often invoked
with geriatric patients.

In nearly a dozen states conservatorship laws have been introduced by anti-religious lobbies that is intended for use in In essence the conservatorship allows the

"deprogrammings."

parents to have permission of the court to forcibly withdraw their adult child from his chosen religion and subject him to a "deprogramming." In the past conservatorships have been issued without the judge interviewing the individual to see if such action is warranted, and decisions have been based solely on testimony by the parents and their accomplices.

Bills like the one recently introduced in the New Jersey Senate (S. 488) would give a parent or guardian the right to take possession of the child should he exhibit the following changes: 1. Abrupt and drastic alterations of basic values and lifestyle

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It also warrants action if the individual has been subjected

to any of the following methods of coercion:

1.

Manipulation and control of the environment

2. Isolation from family and friends

3. Control over information and channels of communication

4. Physical debilitation through sleep deprivation,
unreasonably long hours or inadequate medical care

5. Reduction in decision-making ability through the
performing of repetitious tasks, repetitive chants,
sayings or teachings.

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Gentlemen, I admit that I was victim of such abrupt changes and coercion: it happened in 1971 when I joined the U.S. Army to defend and protect our country and Constitution. Fortunately for the country's security, my parents and others didn't think of using conservatorships to remove their son from the armed forces. And, I certainly have no regrets about having served America. Conservatorship laws would make it possible for parents to remove their child from the military based on the changes the individual underwent after joining.

of course, the intent of such vague legislation is not to stop a soldier from serving the country, but it is intended to stop a religious convert from practising his religion. To quote Gutman, these bills "seek to base imposition of Draconian restrictions of liberty upon standards both vague and elusive."8 Thus far no state has passed such legislation. However, in New York a conservatorship bill did pass both houses only to be vetoed twice by Governor Hugh L. Carey.

In the case of Katz v. Superior Court the decision of appellate court was that conservatorship orders could not be applied to religious beliefs and fortunately clarified the issue in California.

The court explained why the conservatorships were
unconstitutional by emphasizing that the superior court
had overstepped its bounds when it imposed its judgment
of the merits of the converts' religious convictions.

Because the courts may not inquire into the wisdom
of theological tenets, a conservatorship order, which
requires a determination of mental competence, may not
be based on an inquiry into the substance of an adult's
religious belief. Sanity or incompetence cannot, under
the Constitution, be established by proof that one's
religious faith is absurd. (Note, 53, N.Y.U. L. Rev.,
1978:1269)

What is beginning to emerge in society is the concept of parens patrice, the notion that the king as father of the country has the power to act on behalf of the disabled people under his sovereignty. But, does changing from a Catholic to a Mormon make me a disabled person? Courts have generally held that unless a clear and present danger exists to society then the state cannot

infringe upon the individual's right to practice his religion. Yet it is all to easy to find a sympathetic judge to issue a conservatorship order.

We suggest that legislation be introduced to prohibit the use of conservatorships on persons who have taken up a new religious practice. It is quite ironic that, on one hand, the government recognizes a religious organization as valid and awards it a tax-exempt status based on its practices. If, however, an individual chooses to take up those religious practices, the same government may sanction his "deprogramming" and confinement. Certainly legislative action can be taken to safeguard the use of government intrusion in religious affairs. The very least a government could do is to use the measure of its own acceptance of a religious organization's tax status to restrict the use of

conservatorship.

Our government is not repressive; therefore the

criminal misuse of conservatorships for "deprogramming" should be eliminated.

SPECIAL INVESTIGATIONS OF NEW RELIGIONS

Relgious organizations have

increasingly become victims of IRS investigations. Tremendous hardship and strain on the organization's time, energy and resources have produced in most cases, a clean bill of health. There are abuses of the 501C3 tax status and, fortunately, the Church Audit Procedures Act is a measure that works to protect the sanctity of the church body while providing a framework for the IRS to conduct its The question to keep in mind is, what prompts the

investigations.

IRS to investigate?

Currently, if the IRS receives complaints of 501C3 abuses this may substantiate an investigation of the respective religious organizations. Investigation demonstrates a widespread concern that the causes for investigation should be more clearly defined. For example, it is reasonable to assume that anti-religious organizations could systematically conspire to cast doubt on a

particular religious group. They complain to the IRS, which in turn prompts an investigation at the taxpayer's expense, thus causing undue harrassment to the religious body and a great expense to the public. We suggest that steps be taken to safeguard religious organizations from such scenarios.

For

example, more descriptive guidelines for the IRS could be required to first investigate the credibility of the source of complaint. This would expose

religious bodies.

possible conspiraicies

Documented evidence

against particular

clearly shows such

conspiracies do exist, and they are the concern not only of minority religions but of major religious bodies as well.

was

Another form of government intervention in religious affairs introduced in the Nebraska Legislation. The legislation proposes to investigate "cult" activity in Nebraska. What is a religion and what is a cult? Does a cult become a religion, and if so, when? Religious scholars know that, in its infancy, Christianity bore the markings of current day cult definitions. Clearly, the pejorative wording of the resolution clearly demonstrates a lack of the objective analysis needed to produce an accurate report.

The International Society for Krishna Consciousness (ISKCON) certainly has no objection to an objective investigation and analysis of its religious practices and encourages such investigations when conducted by qualified scholars. One such investigation was done by the Government of Denmark, a project which took considerable time and funding. Its reports were quite accurate in assessing the nature of ISKCON. In conclusion the report reads as follows:

In our investigation Hare Krishna has taken a cooperative attitude, albeit that it has formulated objections against being qualified as a new religious movement and against being placed consequently in the category of movements under investigation. We have tried to demonstrate that the movement has deep historical roots in the Hinduistic tradition, it is true, but that given its aims and method it cannot be seen in an otherwise, especially in the West, than as a new religious movement. Religiously we consider it undisputed. Moreover, because of its theistic character we think that it falls within the boundaries of the term

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