"religious denomination", as formunlated by Duynstee, so as a The openness that the movement has shown to us has our called by that Not all religious organizations take an open stance and rightly so. Many people question the government's qualification to judge the ethics of a religious body. They are also justified. Our forefathers themselves established protection of religion from government intrusion. If investigations of religious bodies are to go on, and I am sure they will, then we may suggest that certain standards be applied to avoid undue persecution. William C. Shephard has observed that certain guidelines were used in two major cases regarding religious freedoms. The measure of judgement applied in these cases, Sherbert v. Verner 374 U.S. 398 (1963) and Wisconsin v. Yoder, (406 U.S. 205 (1972) have been combined to "institutionalize a balancing test designed to accord the free exercise clause substantially greater weight than before." The questions which the courts used to measures the claims of the religious bodies were as follows: 1. Are the religious beliefs in question sincerely 2. Are the practices under review germane to the 3. Would carrying out the state's wishes constitute a 4. Is the interest of the state compelling? Does the 5. Are there alternative means of regulation by which the state's interest is served but the free exercise of religion less burdened?" This test, of course, is subject to man's imperfections, but is nonetheless objective. Incidentally, it was also applied to the Katz case. By the use of this test, the court concluded that the use of a conservatorship was clearly not the appropriate action for the State to take. To protect First Amendment rights, we would suggest that the measure used in the Sherbert and Yoder case be established as guidelines for investigaions of religious organ izations. HANDS OFF POLICY OF THE DEPT. OF JUSTICE Under Title 18, section 241: If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States or because of his having so exercised the same; or . . They shall be fined not more than $10,000 or imprisoned This civil rights code was established to protect persons of It is a good U.S. Code title 18, section 1201 states as follows: As mentioned earlier, the estimated number of deprogrammings is between two and three thousand. And research indicates that the average age of religious kidnapping victims is 23 years old. At the age of 23, a person could have spent five years fighting for his country, voted in two presidential elections, produced two children and be preparing to run for Congress in two years, yet is still an open target for "deprogramming." Why? One reason is that investigations show a lack of law enforcement on the part of the FBI. Although the laws are clear, the FBI has chosen not to become involved in parent originated "deprogrammings" because of their domestic nature. As stated by Philip B. Heymann, Asst. Atttorney General, I would also like to point out that it is a general policy of the Department of Justice not to become involved in situations which are essentially domestic relations controversies. If a parent abducts his adult child from a religious sect, accomanies the child thoughout the so called "deprogramming" and there is no violence or other aggravating circumstances, these facts would weigh against Federal involvement. One example I know of involved a twenty-five year old college graduate who joined the Hare Krishna movement only to be kidnapped and taken on a bizarre odyssey of imprisonment, assault and rape. Even though witnesses reported her violent abduction to the police and the FBI was contacted, the statement of the agent in Baltimore was as follows: "If my son or daughter were in the Hare Krishna movement I would have them deprogrammed too..15 So far, no action has been made by the FBI to bring justice to the guilty persons. Of the several thousand deprogrammings that have occurred only a small handful of deprogrammers have faced criminal charges for their action. State child abuse and neglect laws exist to protect minors from deranged parents. Are we to understand that parents get a free rein to let others abuse their child once becomes an adult and is involved i a minority religion, because the Justice Dept. does not involve itself in domestic affairs? Mr. E. Ross Buckley, Attorney in Charge, Freedom of Information Unit of the Dept. of Justice, states, The General Crimes Section has no procedures, policies, rules, or guidelines which specifically deal with "deprogramming" 16 or anticult activities. be We would recommend that amendments be made to existing kidnapping and civil rights codes that would compel federal agencies to enforce laws concerning kidnapping even though it may a domestic concern. Perhaps this would encourage parents to approach their adult son or daughter's acquired religion with tolerance and understanding rather than treating their children as the Communist party's treats Soviet dissidents. I suggest this honorable committee compare the material submitted to the House Foreign Affairs Committee o September 30, 1983 regarding The Political Abuse of Psychiatry in the USSR and the material on You will see a striking similarity in the dissidents and the deprogramming. rhetorical treatment of the KGB toward anti-cultists toward Krishnas, Moonies, Scientologists and other members of minority religions. Our organization is aware of the similarities, since Hare Krishna devotees in Russia are presently undergoing the same tortures placed upon Soviet political enemies. If on one hand we guarantee religious freedom yet we do not enforce it, then the Bill of Rights becomes subject to futher abuse and exploitation. EX-MEMBERS OF RELIGIOUS GROUPS FILING SUIT AGAINS THEIR FORMER AFFILIATIONS After a person undergoes a deprogramming he may decide to divorce himself from his new religion. Dr. Garden's studies show that oftentimes persons in this category were planning to leave the organization anyway, and use the deprogramming as a convenient 17 excuse for separation. Aside from the reasons for leaving, ex-members then undergo a barrage of solicitation by anti-cult lawyers who have encouraged them to establish a case against their disassociated religious organization. Suits are filed on the grounds that the ex-member underwent false imprisonment, fraud, or emotional distress. Documented evidence shows that such actions are part of a conspiracy by anti-cult groups to cripple religious 18 organizations' finances through legal battles. cause religious organizations the burden of putting their practices on the witness stand. Based on the comprehension of the court it is determined whether a religious practice is valid or Here again we have a situation of the courts determining what is religion. In our faith tradition it is the infallible Lord who determines what constitutes religion. This is quite clearly described in the 5,000 year old Vedic teachings. It is not discounted that a judge could ascertain whether the practice not. These cases of a religious organization is bonafide, but his judgement should be based on whether that religious organization follows the religious scriptures that it claims to follow. This, coupled with the Sherbert-Yoder test mentioned earlier, would help to insure that court rooms do not become the battleground for religious bigotry. TAX EXEMPT STATUS OF ANTI-RELIGIOUS ORGANIZATIONS Earlier, we argued for the protection of religious organizations from subjective IRS investigation. Granting tax exempt status to anti-religious organizations which oppose First Amendment Rights appears inconsistent from our point of view. As you may know, anti-religious organizations have sprung up in this country whose activities range from informational agencies to active "deprogramming" institutions. They have been granted tax exempt status by the federal government. Funds are used to promote deprogramming and disinformation about new religions in America. Leaders of anti-religious organizations like the Citizen's Freedom Foundation (CFF) have been convicted on charges of "deprogramming" and false imprisonment. These organizations feel that they have an integral part to play in the education of society as to the dangers of destructive cults. Ironically, members of these organizations are allowed into public schools to cast doubt and fear about the dangers of seeking out God and yet religious groups are not permitted equal access to present their Anti-religious organizations claim that cults use mind control, brainwashing and coercion on their members. Yet the same organization promotes illegal kidnapping, false imprisonment and physical and mental torture of adult religionists. Also, having captured the emotional sentiments of misinformed parents, "deprograming" organizations eventually destroy the already fragile parent-child relationship should "deprogramming" attempts fail. Our studies show that in the Krishna Consciousness movement approximately 75% of "deprogramming" attempts are unsuccessful. Far more relationships are thus broken than repaired. views. |