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Worshipping the Flying Spaghetti Monster Isn't a Real Religion, Court Rules (arstechnica.com)

WheezyJoe writes: A court in Nebraska has officially ruled that Pastafarianism is not a real religion, and therefore a prison inmate with "several tattoos proclaiming his faith" will not get $5 million or privileges to order and wear religious clothing and pendants, nor meet for weekly worship services and classes and receive communion. The Federal judge ruled that The Gospel of the Flying Spaghetti Monster is not a "real" religion eligible for protection under the First Amendment...

In ruling against the inmate and the church of Pastafarianism, the judge wrote "there must be a line beyond which a practice is not 'religious' simply because a plaintiff labels it as such... A prisoner could just as easily read the works of Vonnegut or Heinlein and claim it as his holy book, and demand accommodation of Bokononism or the Church of All Worlds [citing Kurt Vonnegut's Cat's Cradle and Robert A. Heinlein's Stranger in a Strange Land]. The Flying Spaghetti Monster Gospel is plainly a work of satire, meant to entertain while making a pointed political statement," and thus not a "real" religion.

527 comments

  1. A prisoner could just as easily read the works... by facetube · · Score: 5, Insightful

    ...of L. Ron Hubbard and claim it as his holy book. Oh. Wait.

  2. Not surprising by wbr1 · · Score: 5, Interesting

    In Virginia prisons you must submit to short hair and no beard. Even if it is against your religion to shave or cut forelocks. Those that refuse are kept in segregation. IE the hole. 23 hour lockdown, very limited recreation and privileges. When I was in VA prison we tried to help them. Sneaking items into the hole. There were people with active court cases against this practice that'd had been in segregation for years, even over a decade.

    --
    Silence is a state of mime.
    1. Re:Not surprising by Anonymous Coward · · Score: 1

      well if your in a VA prison your the property of the cult of the almighty dollar as generated by the merkin big business prison system and they require you to have short hair and no beard!

    2. Re:Not surprising by swb · · Score: 1

      I find it dubious that people who have been convicted of crimes, nearly all of which are expressly forbidden in major religions (killing, theft, etc), are complaining about the lack of exceptions being made for their closely held religious beliefs.

      I think most of these religious protests in prison are bullshit, an excuse to be defiant and rebellious against prison rules and authorities.

    3. Re:Not surprising by dywolf · · Score: 2

      the beard thing has been overruled.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    4. Re:Not surprising by Anonymous Coward · · Score: 4, Insightful

      The #1 crime in America is drug possession. Most religions don't say anything about drugs, and if they do it's usually only to say not to consume alcohol and they do not mention any other drug. Many religions even have stories of their priests and ascetics taking hashish and other drugs for enlightenment. So your "nearly all of which are expressly forbidden in major religions" claim doesn't hold water.

      [Disclaimer: I'm not a drug user]

    5. Re:Not surprising by Dunbal · · Score: 1

      Not bullshit. Anti-social types are 100% convinced that the world revolves around them. They have no problem justifying their theft/murder/rape - because it served their purpose. Just as they have no problem being genuinely interested in going along with whatever cult they choose to claim to belong to. See, anti-social types are 100% self serving. That's not bullshit - it's the rest of the world that is bullshit to them. But they're not making it up. They're not lying. They actually believe themselves to be the center of the universe. Which is why they belong in cages.

      --
      Seven puppies were harmed during the making of this post.
    6. Re:Not surprising by sjames · · Score: 1

      So you are a big believer in judicial infallibility? Oh My! Even the Pope rarely leans on that.

      Most religions also recognize that people may make moral errors from time to time.

      Of course, in the U.S. many people are in prison for drugs that aren't forbidden in their religion.

    7. Re:Not surprising by PhilHibbs · · Score: 1

      So are you allowed to wear a merkin?

    8. Re: Not surprising by Anonymous Coward · · Score: 0

      Bible is full of alcohol and drunkenness. BTW, remember what Jesus first miracle was?

    9. Re:Not surprising by Anonymous Coward · · Score: 0

      Oh. Boo hoo. Who would have thought that prison would be an unpleasant place where you had to follow arbitrary rules you didn't like?

    10. Re:Not surprising by swb · · Score: 1

      Look, I think drug prohibition laws (all of them) are baloney. Legalize 'em all and quit with the illusion that prohibition accomplishes anything but putting people behind bars.

      But the reason we have them is that many religions (maybe even a plurality if counted by number of adherents) have prohibitions against consumption of mind-altering substances, quite often alcohol. But then there's the Mormons that prohibit caffeine and nicotine, too. Find me a country governed by Sharia law that allows cannabis consumption.

      Plus there are various theological rules against consuming substances considered harmful and generic rules prohibiting general states of intoxication.

      So just because there's not an 11th commandment that says thou shalt not blow a joint or geeze some smack doesn't mean that religious belief doesn't either outright bar it or consider it sinful in some way or other.

    11. Re:Not surprising by zugmeister · · Score: 1

      Only if it has the requisite number of stripes and stars in their "correct" colors. And it doesn't resemble a colander.

    12. Re:Not surprising by Anonymous Coward · · Score: 0

      Moses and Noah were drunkards. Seriously, God clearly didn't give a fuck about people having mind altering substances in their bodies. Or, you know, it could be that drunkards went around tell outrageous stories, coincidentally projected a lot of events that ended up being true (you know, "prophets"), and why the story of the Hebrew seems to repeatedly degenerate into events where they basically turn their back on God. If the main champions of your stories were drunk off their ass 99% of the time, you'd likely follow their brother or cousin 99% of the time. But when they keep fear mongering "the vengeance of God" and bad shit happens, you'll get a lot of true believers.

      Ring a bell at all on modern history? Btw, you'll notice there's plenty of people who clearly don't have to take drugs to clearly be in a mind altering state and do a lot of fear mongering. I can appreciate the harmless ones--or at least sort of pity them--, but the other side of that coin are the people who seem less "mind alter[ed]" and more agenda driven who clearly warps their views to fit their agenda and clearly have a lot of followers who are willing to go along with it, either for having a similar agenda or being similarly superstitious and naive. :(

    13. Re:Not surprising by Anonymous Coward · · Score: 0

      You haven't been in in a while b/c VDOC allows religious beards and has a religious long-hair pod...

    14. Re:Not surprising by Anonymous Coward · · Score: 0

      Not bullshit. Anti-social types are 100% convinced that the world revolves around them. They have no problem justifying their theft/murder/rape - because it served their purpose. Just as they have no problem being genuinely interested in going along with whatever cult they choose to claim to belong to. See, anti-social types are 100% self serving. That's not bullshit - it's the rest of the world that is bullshit to them. But they're not making it up. They're not lying. They actually believe themselves to be the center of the universe. Which is why they belong in cages.

      You do realize you just said you should be put in a cage because the world doesn't revolve around you. People in prison sometimes do have legitimate grievances. If you willfully ignore this, and continue to let your law enforcement run amok, then you'll be among the first in the concentration camp after the revolt.

    15. Re:Not surprising by fahrbot-bot · · Score: 1

      I find it dubious that people who have been convicted of crimes, nearly all of which are expressly forbidden in major religions (killing, theft, etc), are complaining about the lack of exceptions being made for their closely held religious beliefs.

      Seems a LOT of the killing throughout the World over all of Time has involved, or been in the name of, Religion. People should worship Irony instead.

      --
      It must have been something you assimilated. . . .
    16. Re:Not surprising by fahrbot-bot · · Score: 1

      Not bullshit. Anti-social types are 100% convinced that the world revolves around them. They have no problem justifying their theft/murder/rape - because it served their purpose. Just as they have no problem being genuinely interested in going along with whatever cult they choose to claim to belong to. See, anti-social types are 100% self serving. That's not bullshit - it's the rest of the world that is bullshit to them. But they're not making it up. They're not lying. They actually believe themselves to be the center of the universe. Which is why they belong in cages.

      I'd like to make a similar observation by applying: s/anti-social types/politicians/ig

      --
      It must have been something you assimilated. . . .
    17. Re:Not surprising by KGIII · · Score: 1

      Some interpret the bit about, "Render that unto Caesar that which is Caesar's" to be more than just concerning taxation. It means, to them, adhering to the law. In my experience, the sentiment is near universal among the devout. Islam has many prohibitions. Jehovah's Witnesses have some prohibitions but they can drink - just no to "excess." Catholics believe the body is the temple of the Holy Ghost, drugs are verboten. Etc...

      --
      "So long and thanks for all the fish."
    18. Re:Not surprising by sjames · · Score: 1

      ...Render that unto Caesar that which is Caesar's...

      Yes, it is advice to obey the local laws, but that doesn't mean that the local law is now God's will. The congregant who has been busted for pot has made an error, but has not necessarily sinned against God (individual denominations will have varying views on that and on the drugs themselves). But in all of them, sincere repentance is possible and may well have happened while still in jail. In that sense, hindering their practice of religion would be actively harmful to the claimed purpose of reform.

      Many non-Christian beliefs don't much care about pot one way or another. Others consider it a sacrament and laws against it in the U.S. to be a violation of the Constitution.

      Then there's the people who have been wrongly convicted.

      Suffice to say that it is not for the secular authorities to decide if prisoners are or are not in a good relationship with their God.

    19. Re:Not surprising by Dunbal · · Score: 1

      You do realize you just said you should be put in a cage because the world doesn't revolve around you.

      I fail to see how you reach that conclusion. I agree that sometimes those in charge sometimes act even worse than the ones underneath them - however this is not the norm it is the exception and should be dealt with. I also know that people do get falsely accused for whatever reason ranging from bad luck to malice to sheer laziness.

      But I have met and worked with the real predators and there is no rehabilitation, no loving and hugs. Those people do not belong in a civilized society any more than a wolf pack should be allowed among a flock of sheep. That is, if you want to keep your sheep.

      --
      Seven puppies were harmed during the making of this post.
    20. Re:Not surprising by KGIII · · Score: 1

      I'm a qausi-practicing Secular Buddhist (but sure as shit am not a monk) so, when it comes to drug use - or most anything that doesn't harm others, I say do what you feel is the right thing for you. However, I was just describing their particular beliefs and how they justify saying that drug use is a sin. I do not hold those same values. In fact, I must say, I'm quite fond of a whole host of varied mind-altering substances. Up to, and including, the weed I'm gonna smoke in just a second - after hitting submit on this post.

      It's legal in my home State but not legal in the State I am in right now. Well, legal for medical use. Otherwise it's a civil offense but mostly just a slap on the wrist, even if you've got pounds and pounds of the stuff. One of my friends had about 1000 plants stolen by the cops. He got a $1000 fine. He also had pounds and pounds of the stuff - all processed and weighed out, obviously for sale. Another one (and this is my favorite) had the cops steal all of his plants and his grow equipment. He was a few plants over the amount he was entitled to grow. He sued and got all of his equipment back - he even got back the weed they stole. By the time the case was settled the weed was no longer very good. I've got some of the evidence tape decorating my game room back home.

      Oh! Ha, one of my other "friends" (not really a friend but no better way to describe it) is now doing time in prison for weed, sort of... The cops stole all his weed - pounds of it. Well, he went down to the evidence locker, which was just a building at the town garage back then, and broke in and stole it all back. They didn't even have cameras or the likes. They do now. So, he's still in prison and will be for a little while longer. He's not *really* in there for weed, per se, but it's related to weed and one of my favorite stories.

      Yes, yes I might have smoked some of the re-purloined weed. I might even have some evidence tape from that particular heist too. That evidence tape isn't red, it's white and has the date written on it in black magic marker and has "EVIDENCE" written on it. The first one, the one from the lawsuit, is red and doesn't have any other markings on it other than the normal one. The white tape has sections on it that aren't shiny but are kind of matte - where one's meant to write down date, time, and other information.

      Ah well...

      --
      "So long and thanks for all the fish."
    21. Re:Not surprising by Anonymous Coward · · Score: 0

      Many are sinners, but that doesn't mean they still don't accept the teachings of the faith. Some are innocent. Some are mentally ill. Some are there because they snapped (crimes of passion). All should have reasonable religious accommodations as long as it doesn't create safety issues.

    22. Re:Not surprising by swb · · Score: 1

      I read a book on the history of drug consumption and the argument the author made for religions objecting to drug use (or at least drug use outside the religious sphere) was that drugs allowed people to have mystical experiences outside the theological constraints and control of the religion.

      Mystical experiences outside the control of the religious leaders were inherently dangerous to the religious structure because people may obtain enlightenment which contradicts the official dogma.

      To this day, this is why you find religious figures in the west more tolerant of alcohol and objecting to psychedelic drugs.

      I also think that part of the social function of very early religious leaders was something like pharmacologist. They were the ones who possessed the specialized knowledge on how and what substances could be used to provide mind-altering experiences. This gave them something of monopoly control over the drug supply and an ability to create and shape mystical experiences, reinforcing their own social role and create a group cohesion.

    23. Re:Not surprising by Anonymous Coward · · Score: 0

      That's not true.
      In Islam, the Qur'aan prohibits any type of intoxicant and any form of gambling (where chance in involved)...

      "They ask you (O Muhammad) concerning alcoholic drink and gambling. Say: "In them is a great sin, and (some) benefit for men, but the sin of them is greater than their benefit." And they ask you what they ought to spend. Say: "That which is beyond your needs." Thus Allah makes clear to you His Laws in order that you may give thought."
      http://legacy.quran.com/2/219

      "O you who believe! Intoxicants, gambling, Al-Ansab, and Al-Azlam (arrows for seeking luck or decision) are an abomination of Satan's handiwork. So avoid (strictly all) that (abomination) in order that you may be successful.
      Satan wants only to excite enmity and hatred between you with intoxicants and gambling, and hinder you from the remembrance of Allah and from the prayer. So, will you not then abstain?"
      http://legacy.quran.com/5/90-92

      By the way, most Muslims don't even know the Qur'aan, so don't look at their actions as Islamic.

    24. Re:Not surprising by sjames · · Score: 1

      I'm fine with each religion having their own beliefs about particular sins (or lack of sins). I was mostly objecting to the claim above that since they somehow must have sinned if they're in jail, they have no moral standing to claim devout practice of the religion.

    25. Re:Not surprising by Anonymous Coward · · Score: 0

      Look, I think drug prohibition laws (all of them) are baloney. Legalize 'em all and quit with the illusion that prohibition accomplishes anything but putting people behind bars.

      But the reason we have them is that many religions (maybe even a plurality if counted by number of adherents) have prohibitions against consumption of mind-altering substances, quite often alcohol. But then there's the Mormons that prohibit caffeine and nicotine, too. Find me a country governed by Sharia law that allows cannabis consumption.

      In other words, you acknowledge that the drug prohibition laws are based on religious values, and hence are illegal laws -- violating the universal and inalienable right of all rational human beings to separation of church and state.

    26. Re:Not surprising by Anonymous Coward · · Score: 0

      Drug prohibition goes hand in hand with fiat currencies replacing gold/silver backed currencies. The value of fiat currencies are based on the productivity of the populace. A stoned populace is not productive in the eyes of the bankers.

      This message is sponsored by Karl Martell. EDUCATE YOURSELF.

    27. Re:Not surprising by tehcyder · · Score: 1

      [Disclaimer: I'm not a drug user]

      That's just what a drug user would say.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    28. Re:Not surprising by partofthepuzzle · · Score: 1

      - In many states the prison system is now being a run as a for-profit business by private companies.
      - A large number of federal, state, county and municipal salaries depend on the existence of a FULL and OVERFLOWING prison population.
      - Large amounts of money are involved in the black market drug supply business, which fuels corruption of federal, state, county and municipal drug enforcement.

      All of the above results in a massive incentive to maintain the status quo for the Drug War, no matter how stupid, damaging or irrational it may be.

    29. Re:Not surprising by partofthepuzzle · · Score: 1

      Religious beliefs may have influenced that origin of various drug prohibitions but financial gain is what sustains it now: prisons that are run by private for-profit companies, law enforcement staff and salaries, corruption of law enforcement and politicians fueled by the black market drug suppliers. They need full prisons and everything to stay the way it is and they will fight any common sense efforts to legalize and regulate drugs.

  3. Just Wait by Mr+D+from+63 · · Score: 3, Funny

    This judge will suffer the wrath of doings! He is in deep sauce now.

    1. Re: Just Wait by Anonymous Coward · · Score: 2, Funny

      Plainly you are not a child of the Pastafari faith. The sauce is the holy liquid covering of the sacred noodles. You, and this so-called judge, for your blasphemies, shall verily be overcooked forever, and never see the great colander, remaining eternally in the salted cooking water.

    2. Re: Just Wait by Anonymous Coward · · Score: 3, Funny

      In the name of all that is Ravioli,

      What was he thinking?

      Just because he has a fetuccini for facts he should be allowed to approach the holy garlic oregano and tomato sauce center of worship in his own lasagne time!

      In the name of the chef the momma and the Holy customers AMEN

      TORTELLINI UNACCEPTABLE

    3. Re: Just Wait by Anonymous Coward · · Score: 1

      I think you meant RAMEN

    4. Re: Just Wait by Anonymous Coward · · Score: 0

      He doesn't have the right to free exercise while he's in the penne-tentiary.

    5. Re: Just Wait by Anonymous Coward · · Score: 0

      *Sigh*

      Do not pollute these postings with your Christian bias.

      It's RAMEN, brother, Yea, say it with me - RAMEN!

    6. Re: Just Wait by Anonymous Coward · · Score: 0

      AND ye shall eat both of the pure noodle, and the filled pasta, for both are delicious in the mouth of the faithful, especially with pesto sauce...

      Have you not tried? Are you kidding me? Go get some right now and try it! It's delicious! The little tubs of Buitoni from the refrigerated case are the best... especially with angel-hair pasta, or some nice al-dente cheese tortellini!

      If filled pasta is wrong, I don't wanna be right!

    7. Re: Just Wait by Quirkz · · Score: 1

      The thing that really bugs me about FSM is that it somehow manages to make puns distasteful.

    8. Re:Just Wait by martinfb · · Score: 1

      Deep SPICY sauce!!! And perhaps a few lumps of meat!

      --


      Self-importance and self-indulgence is the root of ALL evil.
  4. Indeed by rmdingler · · Score: 2

    Clearly, the church of Pastafarianism lacks the spectacular, physics defying mythology necessary for an acknowledged religion.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:Indeed by Anonymous Coward · · Score: 0

      Funny post but it also illustrates why pastafarianism didn't make the cut. It's a comment on religion, aka satire. If there was no other religions, pastafarianism would not exist.

    2. Re: Indeed by niftydude · · Score: 1

      Actually, the pastafarian position on gravity is pretty physics defying ( he holds us down with his noodly appendages)

      --
      You can never know everything, and part of what you do know will always be wrong. Perhaps even the most important part.
    3. Re:Indeed by Anonymous Coward · · Score: 1

      If there was no Judaism, Christianity would not exist, if there was no Christianity, Islam would not exist. Same goes for Mormonism.

      Relying on another religion for your basis seems to be par for the course.

    4. Re:Indeed by PRMan · · Score: 1

      And Judaism to some extent is probably based on Zoroastrianism.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    5. Re:Indeed by Blue+Stone · · Score: 1

      I think they just lack an organised mob lawyers.

      Seemed to work for Scientology.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    6. Re:Indeed by Anonymous Coward · · Score: 1

      big time based on Zoroastrianism.

    7. Re:Indeed by Anonymous Coward · · Score: 0

      Damn you Sumerians for making religion and meta-viruses!

    8. Re:Indeed by Anonymous Coward · · Score: 0

      Perhaps they should do some killing on the name of their religion, so it would get into the club of real religions?

    9. Re: Indeed by Anonymous Coward · · Score: 0

      LOL

  5. What about Scientology, then? by Shooter6947 · · Score: 5, Insightful

    From the summary: "A prisoner could just as easily read the works of Vonnegut or Heinlein and claim it as his holy book, and demand accommodation of Bokononism or the Church of All Worlds [citing Kurt Vonnegut's Cat's Cradle and Robert A. Heinlein's Stranger in a Strange Land]. "

    I don't get it -- so inventing a religion from science fiction authors Kurt Vonnegut or Robert Heinlein would be bogus. But inventing a religion from science fiction writer L. Ron Hubbard yields a viable and constitutionally protected religious practice. What's the difference?

    1. Re:What about Scientology, then? by Hognoxious · · Score: 5, Insightful

      Cult: a small, poor religion.
      Religion: a large, wealthy cult.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    2. Re:What about Scientology, then? by apraetor · · Score: 2

      Maybe this judge *really* didn't want to be on record finding that Pastafarianism is a religion, but also knew he was drawing an extremely arbitrary line; one which could constitute religious discrimination on his part.. so he left the appeals door wide open.

    3. Re: What about Scientology, then? by Anonymous Coward · · Score: 1

      The difference is that with Pastafarianism, the church of all worlds and bokononism the creators have all stated that they are not religions, the same thing could be said about mode training via Gerrold. Scientology is different in that the creator, Hubbard, was consistent in maintaining, externally, that Scientology is a religion.

      The courts are schizophrenic though as the first church of Satan gets religious protection and its founders and current leadership have rightfully claimed that it is not a religion, but rather a philosophy.

    4. Re:What about Scientology, then? by Anonymous Coward · · Score: 1

      Exactly. The court has used a pretty dubious justification, given that Scientology is generally treated as a religion in the US. Elsewhere it is not considered a religion, though.

      Personally, I think religions should not be protected, subsidized or otherwise treated in any special way at all. They should be treated as commercial enterprises and, in drastic cases, even as fraudulent schemes. Because that's what they are.

    5. Re:What about Scientology, then? by sribe · · Score: 1

      The difference is whether or not "followers" actually believe.

    6. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      In that case there aren't very many Christians, are there? Real followers don't judge others, and give away what they have to the poor.

    7. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      The difference is in how seriously the devotees take the faith. If the church of the flying spaghetti monster had lots of people gifting all their income to the church or spending years of their lives at sea working for the church then they would likely be considered a real religion.

      Of course, if the church of the flying spaghetti monster had people doing these things in its name, most of it's devotees would abandon it in horror since it's satire as the judge pointed out.

    8. Re:What about Scientology, then? by PopeRatzo · · Score: 4, Insightful

      The difference is whether or not "followers" actually believe.

      How should a court of law test whether or not a follower actually believes?

      --
      You are welcome on my lawn.
    9. Re:What about Scientology, then? by Rockoon · · Score: 1

      In this case, its the court that needs to believe, not the followers.

      --
      "His name was James Damore."
    10. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      People who are recruited to scientology often genuinely believe in it.

      The judge presumes that someone who reads Heinlein's book and claims to follow the religion in it does not genuinely believe in it.

    11. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      This is because Pastafarianism is useless as a tool to extort money. On the other hand Scientology can be very profitable and as such it deserves constitutional protection.

    12. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      This logical fallacy brought to you by "No True Scotsman".

    13. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      What's the difference?

      The same thing that influences all other government agency decisions - campaign donations.

    14. Re:What about Scientology, then? by Anonymous Coward · · Score: 1, Informative

      The difference is in how seriously the devotees take the faith. If the church of the flying spaghetti monster had lots of people gifting all their income to the church or spending years of their lives at sea working for the church then they would likely be considered a real religion.

      I would give up all my belongings if the Flying Spaghetti Monster asked it of me, but he hasn't. Presumably because I am such a devout follower of his. On the other hand, it seems he has impersonated other gods to make people who don't believe in him give away all their stuff.

    15. Re:What about Scientology, then? by Half-pint+HAL · · Score: 1

      In that case there aren't very many Christians, are there? Real followers don't judge others, and give away what they have to the poor.

      There aren't many real apples, because real oranges have peel. Christians believe that God had a son around 2 millenia ago to a virgin who was engaged to be married, that he was nailed to a bit of wood and walked out of his tomb. That many self-identifying Christians fail to live up to one of the two central tenets of the faith (love your neighbour) doesn't mean they don't believe in God, Jesus and the Resurrection.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    16. Re:What about Scientology, then? by Half-pint+HAL · · Score: 3, Insightful

      In this case, it's clear and unambiguous that pastafarianism is not a religion, and no-one actually believes it.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    17. Re:What about Scientology, then? by Half-pint+HAL · · Score: 1

      Dunno... some of the idols I've seen for sale in fancy delicatessens are pretty expensive. I even had someone try to sell me a machine for making FSM idols, in chromed steel.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    18. Re: What about Scientology, then? by Type44Q · · Score: 1

      Hardly; it's merely being pointed out what a bunch of fucking hypocrits most people are who identify as "Christian."

    19. Re: What about Scientology, then? by Anonymous Coward · · Score: 1

      His Noodlyness is a jokester, a trickster.

      His device relevations were given to someone who thought he was making it all up!
      This is typical of his Sausiness.

      Of course it is a religion, the Book says so!

    20. Re: What about Scientology, then? by ShieldW0lf · · Score: 2

      Cult: Prophet is still alive.

      Religion: Prophet is dead. People still follow his teachings. It hasn't killed them yet.

      --
      -1 Uncomfortable Truth
    21. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      No quite.
      Cult: Manipulates people to get money/power.
      Religion: Manipulates people to get money/power and has made a deal with the state. They accepted to manipulate people only in ways approved by the state in exchange of a tax break.

    22. Re:What about Scientology, then? by ClaraBow · · Score: 1

      Spot on!

    23. Re: What about Scientology, then? by Anonymous Coward · · Score: 0

      This is Nebraska we're talking about, so the ruling was predictable. This person doesn't subscribe to the evangelical Christian official state religion AND seems to not conform to conservative society's other beliefs therefore something's wrong with him.

    24. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      They do not "test" to find the truth, they judge what is the truth. It's why they are called "judges".

    25. Re:What about Scientology, then? by Alumoi · · Score: 1

      Erm, not quite.
      Cult: incipient form of religion. May be persecuted by the state until transformed into religion (see belowe). In most cases used to get power and money for the leader/priests.
      Religion: state sanctioned cult. Used in the past to keep people under control. Always used to get power and money for the head guy and priests.
      Also, as a fun fact: the 2 coercitive forces states use(d) (were)are the army (as in armed forced employed by the government in the form of the military and/or police) and the priesthood. May not work in most developed countries but sure as hell works for the rest.

    26. Re:What about Scientology, then? by Archtech · · Score: 4, Insightful

      How should a court of law test whether or not a follower actually believes?

      This one I can do! It was worked out long ago. Tie them up and throw them into a deep river or lake. If they sink and drown, they were believers. If they survive, they obviously had help from the devil, so they are wicked unbelievers and must be burned.

      --
      I am sure that there are many other solipsists out there.
    27. Re:What about Scientology, then? by Marginal+Coward · · Score: 1

      Cult: incipient form of religion. May be persecuted by the state until transformed into religion (see belowe). In most cases used to get power and money for the leader/priests.

      You forgot sex: although the term "cult" doesn't seem to have an exact, well accepted definition, sex seems to be an important element of most groups that have been labelled as "cults." It's not a coincidence that many "prophets," both ancient and contemporary, have had lots of wives. I won't name any names here, but I can think of at least two contemporary established world religions that either currently or once allowed and encouraged polygamy, aka "plural marriage."

      Since polygamy really isn't practical on a large scale due to the fact that men and women are born in approximately equal numbers, it's notable that prophets who have encouraged that seem to have more wives than the average adherent of their faith. Go figure.

      Then again, maybe God is playing a little trick on certain false prophets who espouse plural spouses: I doubt that the pleasure they would derive from multiple wives could ever possibly compensate for the concomitant aggravation.

    28. Re:What about Scientology, then? by Archtech · · Score: 1

      If the church of the flying spaghetti monster had lots of people gifting all their income to the church or spending years of their lives at sea working for the church then they would likely be considered a real religion.

      Which brings us right back to "Stranger in a Strange Land".

      --
      I am sure that there are many other solipsists out there.
    29. Re: What about Scientology, then? by Vegan+Cyclist · · Score: 1

      Wasn't Hubbard alive when Scientology was considered a religion and started all their churches?

    30. Re: What about Scientology, then? by Godwin+O'Hitler · · Score: 2

      Pastafarians believe all established religions are bullshit and I'd be willing to bet their belief is way more solid than that of those who adhere to a court-approved religion.

      --
      No, your children are not the special ones. Nor are your pets.
    31. Re:What about Scientology, then? by Alumoi · · Score: 1

      No, I didn't forget sex, it's included in power. The more women you have the more powerful you are. Alpha male and such scientific terms :P

    32. Re: What about Scientology, then? by cfalcon · · Score: 1

      By this definition, Mormonism is a cult. While you may agree with that assertion, it is assuredly a controversial one.

    33. Re:What about Scientology, then? by Blue+Stone · · Score: 1

      The difference? Scientology is not taking the piss out of religion, merely it's followers.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    34. Re: What about Scientology, then? by cfalcon · · Score: 1

      Which is pretty offtopic. The question is about sincerely held beliefs, not whether a set of people with beliefs hold true to their teachings.

    35. Re:What about Scientology, then? by zugmeister · · Score: 0

      it's clear and unambiguous that pastafarianism is not a religion, and no-one actually believes it.

      Oh? If it is so unambiguously clear that nobody believes in this religion, perhaps you would like to submit your proof. While you're at it, please explain how exactly you managed to measure the sincerity of someone's religious belief. This would be really good to know!

    36. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      Are you trying to tell me that this judge is an expert in theological studies? Only someone that is an expert in a particular field of study should be allowed to make a judgment call on it's validity.

      If this judge can rule on a religion's validity, then I should be able to testify as to whether or not a person is sane and fit for trial. I mean, after all, I have the same level of expertise on mental illness as he does on theology (none.)

    37. Re: What about Scientology, then? by Anonymous Coward · · Score: 0

      You beat me to it.

    38. Re:What about Scientology, then? by CanadianMacFan · · Score: 2

      How so? Because the judge saw one white swan and declared that all swans are white?

    39. Re: What about Scientology, then? by Anonymous Coward · · Score: 0

      Nah all the post really says and that you confirm, is that most people do not understand Christianity as a whole, you see it like the proverbial blind men and the elephant. Judge not lest ye be judged (using the Kevin phrases just because so many people quote it that way) does not mean never judge anyone. Look up the phrase and look at it in context along with the many passages telling Christians to judge. What it says is that you should not judge others by your own arbitrary standards, rather one should judge based on the provided standards and remember who actually meets out the punishment. There is more to it all, but if you read the context the rest becomes obvious

    40. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      Much easier than you suspect. Liars usually think their lying is vastly less transparent than it actually is.

      Particularly after a short conversation (or cross-examination) testing internal consistency of the logical implications of the "belief".

    41. Re:What about Scientology, then? by PopeRatzo · · Score: 1

      Particularly after a short conversation (or cross-examination) testing internal consistency of the logical implications of the "belief".

      Internal consistency?

      Q: What is your religion?
      A: I'm a born-again Christian
      Q: So, you're pro-life?
      A: Absolutely. 100%
      Q: Do you believe in the death penalty?
      A: Fucking-A right.

      --
      You are welcome on my lawn.
    42. Re: What about Scientology, then? by coolsnowmen · · Score: 1

      ? How so ? Joseph Smith is dead...

    43. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      It's not necessary for the State to submit proof that a person is a non-believer in a particular religion. When it comes to exemptions based on religious convictions, the burden of proof is on the person claiming the exemption to prove that they are a religious follower. Just saying so doesn't meet that standard.

    44. Re:What about Scientology, then? by CCarrot · · Score: 1

      Personally, I think religions should not be protected, subsidized or otherwise treated in any special way at all. They should be treated as commercial enterprises and, in drastic cases, even as fraudulent schemes. Because that's what they are.

      Or social clubs. Because that's what they really are.

      --
      "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
    45. Re: What about Scientology, then? by Anonymous Coward · · Score: 0

      Aside from the cursing, it is internally consistent. First, the death penalty is an action of the state, not the believer. The state has the 'power of the sword' over the citizen and is to enforce the law for a number of reasons. Now if you wanted to say that an abortion resulted from a woman going to a judge and saying "this person in my womb is attempting to kill me" and the judge were to accept the argument and sentence the other person to death, then an argument, weak, could be made for abortion. Such is not the case.

      In the case of capital offenses, death results from an individual knowingly and willingly violating the law of the land in a fashion that the state has deemed that person must die for the greater good of society, as retribution for the actions they took, and or because the state wants to strongly discourage others from the same action.

      The prolife movement is not so obscenely naive as you suggest, if it were, would you also suggest that the pro abortion movement is so obsessed with killing people that it should be legal to kill anyone who inconveniences you? Because, that is what the majority of abortions are, an inconvenience to a woman who could have made a different choice or done something a different way that would not have resulted in pregnancy.

    46. Re: What about Scientology, then? by Archtech · · Score: 1

      Probably because of being in England... 8-)

      --
      I am sure that there are many other solipsists out there.
    47. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      In this case, it's clear and unambiguous that pastafarianism is not a religion, and no-one actually believes it.

      Is it really? Pastafarianism has been around for a number of years and yet you're confident that every human that has encountered it has either understood that it is satire or was sufficiently skeptical of the content to independently reject it.

      Have you not tried making a subtle joke on the internet before?

    48. Re: What about Scientology, then? by kanweg · · Score: 1

      "Because, that is what the majority of abortions are, an inconvenience to a woman who could have made a different choice or done something a different way that would not have resulted in pregnancy."

      Not being born and growing up in a culture where abstinence is promoted over practical information and proper availability of the pill etc. was not really a choice they had. There's more teen pregnancies in the US per capita and abortions than in countries with a more mature (less religion dominated) attitude towards sex.
      Not every intercourse results in pregnancy. So, many women (and their sex partners) did exactly the same thing as those that did get pregnant. The only difference is they were lucky. But the pregnant ones apparently need some punishment/moral judgement from other people. Hm.

      Bert

    49. Re: What about Scientology, then? by hierofalcon · · Score: 1

      It is also quite possible to be a Christian and be pro-life in the sense that you believe people should be encouraged to nurture life without being against abortion. The closest the Bible really comes to talking about the death of a fetus is found in Exodus 21:21-25 giving laws for two men struggling who injure a pregnant bystander. If the mother just loses the fetus - the only penalty is a fine if the father of the child chooses to bring the matter to trial. If the mother dies, then normal accidental death penalties would be applied. It's really hard to say the Bible equates the two in severity. Christians would do better to offer to adopt and love the unwanted children than condemning the mothers.

      As the AC noted, the death penalty was given and applied for many crimes that disrupted their social order - whether for civil or religious reasons.

      The Bible is really pretty well consistent. There are spots where different authors made note of different things in their writings that particularly stood out to them. I'm sure that over the centuries there have been a few problems in the recovery of exact texts from the original documents. Clearly - the translation of those original documents to the various languages of today is difficult and the more free and readable the translation is, the greater the likelihood that something isn't quite perfect. Nevertheless - in the basic themes the Bible is trying to present, and in its basic views of what is right and wrong - it is pretty well consistent.

    50. Re: What about Scientology, then? by haruchai · · Score: 3, Insightful

      Cult: at least one person knows it's all a scam
      Religion: everyone who knows the truth is dead

      --
      Pain is merely failure leaving the body
    51. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      Perhaps we should have a minimum membership requirement to determine if a religion warrants special treatment. Judging the origins or credibility of religious beliefs is foolish the beliefs of others are often met met with skepticism while ones own are rarely questioned. In fact we have Western religions belief in rising from the dead or parting an ocean that apparently comes from the evidence of eye witnesses testimony now known to be highly unreliable. Where does this religious emphasis on hair styles come from anyway?

    52. Re: What about Scientology, then? by Anonymous Coward · · Score: 0

      Thomas Monson is their prophet right now.

    53. Re: What about Scientology, then? by PopeRatzo · · Score: 1

      In the case of capital offenses, death results from an individual knowingly and willingly violating the law of the land in a fashion that the state has deemed that person must die for the greater good of society, as retribution for the actions they took, and or because the state wants to strongly discourage others from the same action.

      So then you don't believe the US is a society founded on Christian principles? Good, we're making progress.

      --
      You are welcome on my lawn.
    54. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      I too once thought as you do. Until I was touched by his noodly appendage.

    55. Re:What about Scientology, then? by myowntrueself · · Score: 1

      In this case, it's clear and unambiguous that pastafarianism is not a religion, and no-one actually believes it.

      Yeah I have to agree. People go through the motions of believing in the FSM without actual belief, in order to satirically make a political point.

      Its kind of like veganism except they don't actually believe in it themselves.

      --
      In the free world the media isn't government run; the government is media run.
    56. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      Where is you proof? I can also claim that it's clear and unambiguous that pastafarianism is a religion.

    57. Re:What about Scientology, then? by Rolgar · · Score: 1

      Has anybody put their money where their mouth is and built a worship space for the FSM? Have people then made a time commitment to attending this space for worship on some defined schedule? Have there been any serious books published about what the existence of the FSM means for human existence, and do it in a way that some significant portion of humanity would consider it better than all of the alternatives?

    58. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      Well prepare to be completely and unequivocally proved wrong, because I actually believe it.

    59. Re:What about Scientology, then? by TonyNLewis · · Score: 1

      The First Church of Polydeism in Toledo has many FSM adherents in attendance, I'm sure. https://www.facebook.com/First... Is church attendance now to be mandatory? The Gospel of the Flying Spaghetti Monster http://www.barnesandnoble.com/... is published and has 2938 reviews on GoodReads. How you define "serious" is certainly not going to pass Constitutional muster. Virtually everyone that is "positively disposed" to the FSM, whether an official adherent or not, certainly believes that the tenets of the faith would be HUGELY better than ANY of the alternatives. If you want to see a large gathering of the faithful, might I propose the Reason Rally, June 2-5 in Washington D.C.? http://reasonrally.org/

    60. Re: What about Scientology, then? by careysub · · Score: 1

      Which is pretty offtopic. The question is about sincerely held beliefs, not whether a set of people with beliefs hold true to their teachings.

      It would seem "holding true to their teachings" would be an extremely important element in determining whether they are "sincerely held beliefs".

      --
      Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
    61. Re: What about Scientology, then? by Anonymous Coward · · Score: 0

      Not really, no. You could, for instance, believe that the teachings or writings have a "correct" interpretation, and a "perverted" one. You, of course, hold to the "correct" one. The point of question isn't so much whether your interpretation is correct or even consistent- it is that you hold it at all in the first place.

    62. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      I am enlightened by your sucinct and beautiful mutual recursion

    63. Re:What about Scientology, then? by goose-incarnated · · Score: 1

      The difference is whether or not "followers" actually believe.

      How should a court of law test whether or not a follower actually believes?

      The same way *you* determine whether or not someone was actually offended/triggered.

      (Yeah, when you go down the subjective-reality rabbit hole, it's turtles all the way down)

      --
      I'm a minority race. Save your vitriol for white people.
    64. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      I can find lots of Christians who will claim that all depictions of God are just ways to understand God, not real depictions. The fact that I don't believe there is a FSM doesn't mean I don't believe in the true teachings of Pastafarianism.

    65. Re:What about Scientology, then? by Anonymous Coward · · Score: 0

      I was an official bokononist during my stay. played merry hell getting it changed so I could sweat with the natives. of course I wasn't demanding ice 9 for ceremonies, then again the only ceremonies were mock hanging and denying your faith

    66. Re:What about Scientology, then? by martinfb · · Score: 1

      Fully agreed!

      --


      Self-importance and self-indulgence is the root of ALL evil.
  6. A lack of evidence is crucial for a religion. by Anonymous Coward · · Score: 5, Funny

    This ruling actually makes sense. An important part of a real religion is a total absence of real evidence. There is absolutely no evidence that God or Allah or Vishnu or Jupiter or Zeus or Thor actually exist, making those real religions. But spaghetti does exist. You can likely even find some at your local grocer. I know that my grocer stocks several different varieties, and I actually ate some last week. So that's evidence that spaghetti does exist, which means that any "religion" based around it cannot actually be a real religion, because there is real evidence that spaghetti exists.

    1. Re:A lack of evidence is crucial for a religion. by kbg · · Score: 1

      Spagehetti yes. A spaghetti monster? I have never seen any evidence for a spaghetti monster.

    2. Re:A lack of evidence is crucial for a religion. by Hognoxious · · Score: 2, Funny

      Is that supermarket spaghetti actually and literally Him, or does it merely represent Him? Transubstantiation is the word, I believe.

      This could lead to a schism. Wars have been fought over less.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    3. Re:A lack of evidence is crucial for a religion. by Anonymous Coward · · Score: 0

      but you can imagine one... how would you imagine a christian god? (e.g. he's often `imagined' as an old guy with a beard, but... that's just silly, isn't it? he can't possibly be an old guy with a beard... so how would he/she/it really look like if you were to draw a picture?)

    4. Re:A lack of evidence is crucial for a religion. by niftydude · · Score: 1

      If he's an old guy with a beard - that implies that he ages - and so if he was already an old guy with a beard in renaissance times, and the earth is only 6000 years old - then there is a strong chance he already died.

      --
      You can never know everything, and part of what you do know will always be wrong. Perhaps even the most important part.
    5. Re: A lack of evidence is crucial for a religion. by PatrickNarkinsky · · Score: 1

      No, transubstantiation is not the word.

    6. Re:A lack of evidence is crucial for a religion. by Anonymous Coward · · Score: 0

      I'd just draw Jim Carrey. Duh.

      I hope you realize how dumb it is to imply something exists because you can't imagine it.

    7. Re:A lack of evidence is crucial for a religion. by Anonymous Coward · · Score: 0

      You're talking about the guy whose image is that of Zeus, right? From that religion whose periodically-revised supposedly-authoritative reference book is assembled from scores of scraps and fables that were common a couple of thousand years ago?

    8. Re: A lack of evidence is crucial for a religion. by Anonymous Coward · · Score: 0

      Transubstantiation is where you drink blood and easy flesh, which turns you into a zombie and you can't die.

      Amen.

    9. Re:A lack of evidence is crucial for a religion. by Anonymous Coward · · Score: 0

      OOPS!! I meant to mod this as underrated, and my mouse slipped and hit overrrated instead! A thousand apologies!!

    10. Re:A lack of evidence is crucial for a religion. by Livius · · Score: 2

      Transubstantiation is the process of going from one to the other. I guess that means it's a matter of uncooked versus cooked pasta.

    11. Re:A lack of evidence is crucial for a religion. by qeveren · · Score: 1

      Spaghetti is made in his image.

      --
      Don't just stand there, get that other dog!
    12. Re:A lack of evidence is crucial for a religion. by Anonymous Coward · · Score: 0

      > I have never seen any evidence for a spaghetti monster.

      Read someone else code, it's right there!

    13. Re:A lack of evidence is crucial for a religion. by Oligonicella · · Score: 1

      Ramen Noodles

    14. Re:A lack of evidence is crucial for a religion. by Anonymous Coward · · Score: 0

      Don't forget the other two REAL religions that matter...

      Church of Kopimi.
      Church of Crypto.

    15. Re:A lack of evidence is crucial for a religion. by DaveM753 · · Score: 2

      This could lead to a schism. Wars have been fought over less.

      Pizzafarians FTW, Alex.

    16. Re:A lack of evidence is crucial for a religion. by Anonymous Coward · · Score: 0

      Heretics will spend an eternity of pain in boiling arrabiata.

    17. Re:A lack of evidence is crucial for a religion. by Anonymous Coward · · Score: 0

      it was in the news

  7. Scientology by smillie · · Score: 5, Interesting

    So does that mean Scientology isn't a real religion also? After all Hubbard started it as a bet and not because he believed it was real. Of course I can't prove that Hubbard started it as a joke/bet but neither can I prove Pastafarianism was started as anything other than a serious religion. Since Scientology has its little alien in a space ship circling Neptune controlling the religion it sounds just about the same as the Flying Spaghetti Monster.

    --

    Dyslexics Untie!

    1. Re:Scientology by Intron · · Score: 2

      I hope he doesn't run into Russell's teapot.

      --
      Intron: the portion of DNA which expresses nothing useful.
    2. Re:Scientology by Anonymous Coward · · Score: 0

      No. As distasteful as the origins and practice of Scientology may be, it's still a real religion because it's practitioners take it seriously.

    3. Re:Scientology by Rockoon · · Score: 1

      No. As distasteful as the origins and practice of Scientology may be, it's still a real religion because it's practitioners take their tax breaks seriously.

      Fixed that for you. Of course, its kinda circular... but then court rulings often are.

      --
      "His name was James Damore."
    4. Re:Scientology by freeze128 · · Score: 1

      Don't worry. I bet there are hundreds of Scientology lawyers and lobbyists working on this problem as we speak.

    5. Re:Scientology by Anonymous Coward · · Score: 0

      Go contest it in a court and stop being a little faggot whiner. Bitches like you always waiting on someone else to take control. That's why your get fucked up the ass by every thug in your community.

    6. Re:Scientology by Blue+Stone · · Score: 1

      What if you view not taking religious institutions too seriously as a serious religious tennet? (Which I think I could genuinely and sincerely argue, in point of fact)

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    7. Re:Scientology by zugmeister · · Score: 1

      The teapot would be nothing. Imagine if he smashes into an invisible pink unicorn!

    8. Re:Scientology by Livius · · Score: 1

      So does that mean Scientology isn't a real religion also?

      No, Scientology has its own reasons why it isn't a real religion.

  8. Courts are now in the business of judging the qual by avocanite · · Score: 1

    How can a judge with any level of foresight take a fundamentally subjective human experience, look at another human being and objectively say "Nope, you're not doing it right "??? I wonder if this judge is a religious individual themselves...

  9. less rights for all by Anonymous Coward · · Score: 1

    "there must be a line beyond which a practice is not 'religious'"

    Why does one man get to decide where this line is? If everyone can't be accommodated maybe no one should be.

  10. How is any other religion different? by Anonymous Coward · · Score: 1

    "The Flying Spaghetti Monster Gospel is plainly a work of satire, meant to entertain while making a pointed political statement," and thus not a "real" religion."
    I don't see how any other 'holy' book/text is any different.

    The only real difference i see is the size of the following, quantity of buildings and how long ago it was established. But these don't qualify a religion. Is any religious person able to see it this way? I'm agnostic myself so i can look at this very objectively and i get that you must believe against all evidence, since that is what faith is. But is there a real objective reason why Pastafarianism can not be considered a religion?

    1. Re:How is any other religion different? by Anonymous Coward · · Score: 0

      Sorry, did you just use "objective reason" and "religion" in the same sentence??

    2. Re:How is any other religion different? by Anonymous Coward · · Score: 0

      Well since I'm not questioning any truth about any religion, just asking what qualifies one, yeah i am and would again. Since a court is able to rule on this there must have been an objective decision. Otherwise the the impartial bit doesn't fly.

    3. Re:How is any other religion different? by FrankHaynes · · Score: 1

      But is there a real objective reason why Pastafarianism can not be considered a religion?

      Yes. They have not paid enough money into gummint coffers to qualify as a protected religion.

      --
      slashdot: A failed experiment.
    4. Re: How is any other religion different? by Anonymous Coward · · Score: 0

      Wait. I thought the point of religion was to be EXEMPT from paying anything into gub-mint coffers.

    5. Re:How is any other religion different? by Anonymous Coward · · Score: 0

      Sorry, did YOU just use "objective reason" and "religion" in the same sentence???

    6. Re: How is any other religion different? by zugmeister · · Score: 1

      Well, some coffers are for so-and-so's reelection fund, and others are for public works to benefit everyone. Depending on the scale of church finances one's may be much smaller than the other.

  11. Are JavaScript and Rust religions? by Anonymous Coward · · Score: 4, Interesting

    In light of this ruling, would the JavaScript and Rust programming languages be considered religions?

    They aren't religions in the traditional sense, like say Judaism, Christianity, Islam, Hindu and Wicca are.

    But they aren't intentional satire either, like the FSM is.

    Yet their adherents exhibit the same sort of blind, often illogical, devotion that we see from the followers of other religions.

    JavaScripters have a holy book in the form of Crockford's "JavaScript: The Good Parts". They worship their saints, including John Resig and Node.js. They don't care how awful JavaScript's semantics are, or how limited its standard library; they're so devoted to it that they will use it anywhere and everywhere, especially when doing so is the worst idea possible.

    Rustaceans study the absurd and contradictory Rust Code of Conduct, and base their entire existences around it. They idolize Rust's borrow-checker. They worship Rust developers like Patrick Walton and Steve Klabnik, as well as the Rust Moderation Team. Rustaceans will launch a downmod crusade against you if you don't glorify Rust in the discussion at Hacker News or Reddit.

    So should JavaScript and Rust be considered religions? I would think they should, since their followers are actually seriously devoted, and not joking, despite the many contradictions and the complete idiocy we see surrounding such programming languages and their communities.

    1. Re:Are JavaScript and Rust religions? by Anonymous Coward · · Score: 0

      Yet their adherents exhibit the same sort of blind, often illogical, devotion that we see from the followers of other religions.

      They're a brand, nothing more. The devotion their fans show is no different to fans of Apple, Linux, Google, Microsoft, Ferrari, Coca-cola, Disney, Nescafe, patriotism and a million other examples. Perhaps it can seem cult-like, but no it is not a religion.

    2. Re:Are JavaScript and Rust religions? by Anonymous Coward · · Score: 0

      What about Linux? Or vi? Or The Holy Emacs, with RMS as its prophet?

    3. Re: Are JavaScript and Rust religions? by Anonymous Coward · · Score: 0

      Vi is definatly a religion :-P

    4. Re:Are JavaScript and Rust religions? by Anonymous Coward · · Score: 0

      But they aren't intentional satire either, like the FSM is.

      How can you say the FSM is *intentional* satire?

      His Noodlyness is a jokester God, in the olden days known as Loki, etc.

      His Sauciness revealed his devine wisdom to someone who thought he was being intentionally satirical, but in fact he was guided by His Meatyness to write the Book. He did not know better.

    5. Re:Are JavaScript and Rust religions? by Anonymous Coward · · Score: 0

      PHP

      I've never seen a more disorganized, and inconsistent language in my life. I won't even talk about the "documentation" and "guidelines". Yet hordes of developers swear by it...apparently it was "built for the web"

    6. Re:Are JavaScript and Rust religions? by Anonymous Coward · · Score: 1

      I take it you didn't read the bible yet.

    7. Re:Are JavaScript and Rust religions? by Anonymous Coward · · Score: 0

      The general pattern of human psychology is not yet named in the popular culture at least. Instances of it, such as "religion", "the party" and "the company" have. Perhaps in the distant future the human race will finally acquire the tools for basic understanding of itself.

    8. Re:Are JavaScript and Rust religions? by Blue+Stone · · Score: 1

      I think the rule the judge is pontificating is that you can cock a snook at religion, but you have to do it against *A* specific religion and you can't have a sense of humour about it. ie. Protestantism is OK.

      I'd like to see a theological debate. I think this judge might be severely embarrassed.

      The best response is to see this as an attack vector and develop Pastafarianism 2.0

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    9. Re:Are JavaScript and Rust religions? by Anonymous Coward · · Score: 0

      It's tough to say. Rust is at best a cult, given how little actual support and wealth it has compared to Go, Swift, or other such languages. Also the fact that you decided to discuss two that are unpopular around here, rather than the many similar ones where your reasoning could apply, shows that even Slashdot could be construed to be a religion. And if we can extrapolate that far, then the judiciary system also qualifies, and is effectively persecuting another religion with this decision.

    10. Re:Are JavaScript and Rust religions? by Livius · · Score: 1

      Is it possible for Javascript to be simultaneously a religion and a heresy?

    11. Re:Are JavaScript and Rust religions? by piripiri · · Score: 1

      It was literally created for the web! PHP originally stands for Personal Home Page.

    12. Re:Are JavaScript and Rust religions? by Livius · · Score: 1

      Since vi is the one true religion you can't compare it to the others.

    13. Re: Are JavaScript and Rust religions? by cfalcon · · Score: 3, Insightful

      > Vi is definatly a religion :-P

      No, vi is a text editor with religious functions available from command mode, emacs is a religion that can also edit text.

    14. Re: Are JavaScript and Rust religions? by sysrammer · · Score: 1

      That reminds me of that time when I wrote to Dog with emacs from my cshell. Dog wrote back...

      #!/bin/ksh
      vi << "Curse thy Spawn to the Pit of Daemons!^G^G^G"\n

      --
      His ignorance covered the whole earth like a blanket, and there was hardly a hole in it anywhere. - Mark Twain
    15. Re: Are JavaScript and Rust religions? by sysrammer · · Score: 1

      ...and then a wizard wandered by, but wasn't needed, so he wandered away again.
      ^D

      --
      His ignorance covered the whole earth like a blanket, and there was hardly a hole in it anywhere. - Mark Twain
    16. Re: Are JavaScript and Rust religions? by Anonymous Coward · · Score: 0

      > Vi is definatly a religion :-P

      No, vi is a text editor with religious functions available from command mode, emacs is a religion that can also edit text.

      Emacs is the alpha and the omega. Emacs is eternal. Emacs is a culture and a way of life. And yes, Emacs can not only edit text but it is the finest tool for this task after vi.

    17. Re:Are JavaScript and Rust religions? by myrdos2 · · Score: 1

      Rustaceans study the absurd and contradictory Rust Code of Conduct [rust-lang.org], and base their entire existences around it.

      So, I read the "code of conduct", and it's just a listing of standard forum rules - no spamming, avoid sexual nicknames, be considerate, etc. After carefully reading your post twice over, I'm guessing you logged in to the Rust forums as "PussyCrusher87" and posted "Rust is for losers!!1! ...or something similar. Then, it turned out that people on Rust forums are there because they actually like Rust, and they're still there because they abide by the forum rules.

      I know this is a lot to ask, but could you supply your real Rust-forum handle from before you were banned? I'd be interested in seeing how close I am to the mark for self-calibration purposes.

    18. Re:Are JavaScript and Rust religions? by myowntrueself · · Score: 1

      Agile clearly is

      --
      In the free world the media isn't government run; the government is media run.
  12. That's right by AndyKron · · Score: 5, Interesting

    "A prisoner could just as easily read the works of Vonnegut or Heinlein and claim it as his holy book, and demand accommodation" - That's exactly right. The government cannot judge the validity of a religion.

    1. Re:That's right by Anonymous Coward · · Score: 1

      And because the government cannot judge the validity of the a religion, all religious beliefs should be treated equally by the government. That being, the government should allocate no special status to any religion, no tax breaks, no mention at any public meetings, no special zoning, while at the same time allowing as much freedom as reasonable for individuals to practice their beliefs such that those practices do not impact others.

    2. Re:That's right by Rockoon · · Score: 1

      That being, the government should allocate no special status to any religion, no tax breaks, no mention at any public meetings, no special zoning, while at the same time allowing as much freedom as reasonable for individuals to practice their beliefs such that those practices do not impact others.

      Translation: The government should voluntarily reduce its own power.

      Thats a rare thing, and wont happen in this case.

      --
      "His name was James Damore."
    3. Re:That's right by Attila+Dimedici · · Score: 1

      The thing is, the "government" does not mention any religion at public meetings. Some PEOPLE (who have rights) may mention a religion in a public meeting.
      I will not address the arguments on the other things you mention because they are complex issues and while I lean towards agreeing with your position on the point, I recognize that there are arguments which might cause me to support the other side.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    4. Re:That's right by drinkypoo · · Score: 1

      The thing is, the "government" does not mention any religion at public meetings.

      The government mentions religion every time you spend a dollar. It says so right on the money.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:That's right by Anonymous Coward · · Score: 0

      Apparently the recent inclusion of this phrase made it through because everyone was afraid of being called a commie if they objected.

    6. Re:That's right by Anonymous Coward · · Score: 0

      Our money isn't from the government. The Federal Reserve is a privately help corporation...

    7. Re:That's right by armanox · · Score: 1

      That's the Fed, not the US Government, to my understanding.

      --
      I'm starting to think GNU is the problem with "GNU/Linux" these days.
  13. State religion by quintessencesluglord · · Score: 5, Insightful

    And by deciding what is and what isn't religion, we are a step closer to a state religion.

    The judge could have used standards applied to other religions (must have a fairly consistent, established dogma; must not pose a hazard to the operation of the prison or prisoners, etc), but instead decided to plant his flag on satire and political stance, which conveniently ignores centuries of Christian political advocacy and the mutant strands of Christianity that appeared with the hippies in the 60s.

    I mean Mormonism is an established religion. Snake handlers even get their day.

    But to deny religious belief simply because he doesn't like where it originated from is begging for a Supreme Court ruling, and then the floodgates will really be opened.

    1. Re:State religion by Socguy · · Score: 4, Insightful

      Satire is not religion. Pastafarianism is satire not religion. Of course, if this bothers you, you could make it a religion by devoting your life and finances to earnestly spreading/practicing Pastafarianism.

      This ruling has nothing to do with making a 'state' religion, it's just pointing out the obvious difference between satire and it's subject.

      As a side note: If you don't understand what religion is for its practitioners, then you shouldn't be making fun if it as all you're really doing is making fun of somebody for something that you haven't taken the time to understand yourself.

    2. Re:State religion by quintessencesluglord · · Score: 5, Insightful

      As near every religion I can shake a stick at is, by degree, ridicule of human folly, can you name any religion that doesn't incorporate satire? And by what means do you intend to separate the satire aspect from the religious aspect? By what proportion makes one religious satire and the other satirical religion? "Would Jesus Wear a Rolex" is satire in the same breath that it is religious. And let's not forget Ray Stevens is inducted in the Christian Music Hall of Fame. Religion takes many forms.

      One of the reason the Supreme Court has tread very lightly with regards to religious belief is purposely to avoid any inference of a state religion. When you start dictating what qualifies (keep in mind worship of Zeus is condoned in federal prisons), you set the stage for religious persecution.

      As a side note: I'll pass judgement on any damn thing I please.

    3. Re:State religion by Anonymous Coward · · Score: 1

      Is it satire if you don't know if is a joke? Who knows if any given holy book was written in jest, to the adherent it is truth. Tell you what though. I'm down to limit religion to only those that can validate the authenticity of their screeds.

    4. Re:State religion by Anonymous Coward · · Score: 0

      You might want to do some reading on what the Supreme Court says about what a religion is. The rule of thumb is that they don't meddle in determining what a religion is, and conversely, the church doesn't meddle in determining what the government is(though they're quickly breaking that part of the agreement). This is EXACTLY why the IRS doesn't try to move in on Scientology. It has nothing to do with their size.

    5. Re:State religion by Anonymous Coward · · Score: 0

      Pastafarianism is protection from religious persecution - something I believe strongly in.

      If you don't understand what religion is for its practitioners, then you shouldn't be making fun if it

      Quite.

    6. Re:State religion by sjames · · Score: 1

      Actually, for some satire is practically a sacred rite (and no, I'm not kidding or even exaggerating a little).

      Why do you choose to belittle THEIR practices?

      If the state gets ANY say at all in what is or is not a legitimate religion, guess what everything that gets the government stamp of approval is!

    7. Re:State religion by guruevi · · Score: 1

      Well in the same sense Christianity is not a religion either. There is plenty of Christian satire and it is actually quite difficult to distinguish satirists talking about Christianity and modern Christian rhetoric from pastors. So this ruling must be evenly applied to all prisoners.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    8. Re:State religion by Anonymous Coward · · Score: 0

      Satire is not religion. Pastafarianism is satire not religion.

      My opinion of a third party's religion does not in any way change it. Neither does yours. That's kinda the point of religious freedom. Don't like it? Tough. You don't get to ignore the law until you devote your life to amending the constitution. But be careful what you wish for, as you may soon find your own preferred beliefs belittled, invalidated, or even outlawed. It has happened before in history. Patterns of disrespect and dismissal because "it's not MY group" tend to be how it starts.

    9. Re:State religion by serviscope_minor · · Score: 1

      But I think you're missing the point.

      The thing is, people adhereing to a "real" religion are asking for special dispenstion because they really really really really want it. And, if it's not dangerous then why not give it to them?

      This so-called satirical religion is asking for equal treatment under the law for all, essentially, which is something some people really really really really want. So again, why not give it to them?

      So how is it different?

      This ruling literally says it's OK to discriminate against people because they do not profess to believe in the right god, so the special dispensation they want which will be given to others is not granted to them.

      --
      SJW n. One who posts facts.
    10. Re:State religion by zugmeister · · Score: 1

      Pastafarianism is satire not religion. Of course, if this bothers you, you could make it a religion by devoting your life and finances

      Ah ha! So we finally have someone who can give us concrete information describing exactly what constitutes a religion. As a result we will have a well defined line between black and white, no grey in the middle! Exactly how much of my life do I need to devote? If I'm in my 40's is it too late to start? For that matter, is it a flat amount of money or percentage of my income I need to donate to the cause? What can I spend that money on? Does my house count? Silly string? You seem to have the answers and the situation appears simple to you. Illuminate me.

    11. Re:State religion by scamper_22 · · Score: 1

      This really needn't be a problem except for the whole religious accommodation mindset.

      This doesn't mean we shouldn't accommodate religion. Many of our rules can be changed or are not really needed for a specific purpose. Yet, it does mean the accommodation we do shouldn't be based on religion.

      For example, in this case, the prisoner is seeking privileges to wear religious attire and have weekly services.

      But why can't that request be made generic to all prisoners.
      1 hour per week of moral or spiritual services. It still needs to be define moral or spiritual, but it makes it more general.

      Alternatively, these people are in prison. How about just 1 hour of week for any activity deemed not harmful. Want to use that hour to go in a room and twirl... go ahead.

      Just recently the US army relaxed uniform rules, so sikhs with beards and turbans can participate. Again, there is no need to tie this to religion. Why should the US army ban beards or turbans. If there's a safety reason, then that should remain and you don't accommodate the religious request. If you want to make sure it is the army colors, then keep that. Wear a turban in army colors... go ahead. Wear a baseball cap in army colors... go ahead.

      It should be pretty straight forward. If you can't make it generalized, the accommodation should not take place.

      Again, there is such a thing as 'good faith,' which I think can still apply in areas where practicality is concerned. For example, various religions have diet restrictions. Should prisons have to accommodate all of them? I don't know. I guess it is good. But if someone comes up and says their religion only allows them to eat 28 day old aged steak.... well do they really believe in that religion or are they just making it up to get better food? What was their diet before being in prison?

      Yes, you'll almost always get into gray areas where the court will need to define something, but in general, it doesn't need to.

    12. Re:State religion by Deep+Esophagus · · Score: 1

      And by deciding what is and what isn't religion, we are a step closer to a state religion.

      This. I'm a fairly conservative evangelical Christian, and I agree with the judge that the guy in question is obviously just yanking the legislative chain for lulz, but... we can't establish a precedent for thoughtcrime. What the judge is trying to do is rule on what he believes the guy is thinking, and that is just not something you can demonstrate with hard evidence. As unlikely as it is, there is some minuscule chance that this guy totally missed the "ha ha this is satire" boat, read all the pastafarianism material as straight scripture, and truly believes in his heart what he says about the FSM. How can we objectively prove otherwise?

      I mean, I'm not unaware that some of the things I believe involving an undead Jewish carpenter and an indefinable omniscient sentient being are pretty implausible from the outside. So I'm at a Martin Niemöller moment: "First they came for the pastafarians, but I didn't speak up because they obviously didn't truly believe such outlandish silliness..." When will the next judge decide that my beliefs don't represent a true religion?

      So, yeah. I can't defend my own First Amendment rights unless I'm willing to defend those of someone who is most likely just cynically gaming the system.

    13. Re:State religion by micahraleigh · · Score: 1

      Yes. Keep the government away from refereeing religion, please.

  14. Supreme Court has already ruled on this by l0n3s0m3phr34k · · Score: 5, Informative

    I stole this from an Ars post, but this is going to be appealed and the State will loose. It's already been seen by the Supreme Court in 1985, specifically Wallace v. Jaffree : "The individual's freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority. Moreover, the individual freedom of conscience protected by the First Amendment embraces the right to select any religious faith or none at all. "

    1. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 0

      The argument was whether the Pastafarianism is creed, or religion and not so much about the consequences related to the First Amendment. Then again, people like Jesus, Muhammad and Siddhartha Gautama would fail to convince this court of the merit of their case as well.

    2. Re:Supreme Court has already ruled on this by Socguy · · Score: 1

      I would assume that it's correct that the freedom to believe whatever you want has been ruled on and should be enshrined in the constitution. When/if this goes to the supreme court, the question will be weather or not people actually believe in the tenets of something clearly intended as satire.

      Maybe they will find an earnest believer or two, but if they do, how are the rest of the 'practitioners' going to react when they realize that they're promoting what has become a real religion?

    3. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 0

      I stole this from an Ars post, but this is going to be appealed and the State will loose.

      But I thought the rule was, as we become more and more right, we tighten, instead?

    4. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 2, Interesting

      select any religious faith or none at all.

      I think this judge ruled that since FSM is a parody, the inmate selected "none at all".
      That said, I still think it's discrimination to give extra benefits to religious inmates, and none to agnostics/atheists.

    5. Re:Supreme Court has already ruled on this by AmiMoJo · · Score: 1

      How far can you take this? Say my religion requires me to eat a delicious steak at least twice a week, and I must always sleep on a feather mattress because angels or something.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    6. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 0

      I'm personally devoted to the principle of Discordianism, especially because people are encouraged to disagree with its written tenets, which is itself one of the tenets.

      This kind of paradox answers your last question: of course such a person would be welcome into Discordianism, and any true practitioner should have no problem with that no matter how much their own views happen to disagree with the supposed principles of the religion. Although I suppose it might lead to a schism (which is also encouraged).

    7. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 1

      Say you religion includes the smoking of cannabis. The governments in the US and UK say "no way".

      In 1998, Attorney General of the United States Janet Reno gave a legal opinion[43] that Rastafari do not have the religious right to smoke marijuana in violation of the United States' drug laws. The position is the same in the United Kingdom, where, in the Court of Appeal case of R. v. Taylor [2002] 10 million. App. R. 37, it was held that the UK's prohibition on cannabis use did not contravene the right to freedom of religion conferred under the Convention for the Protection of Human Rights and Fundamental Freedoms.

      even though....

      According to some Rastafari, the etymology of the word "cannabis" and similar terms in all the languages of the Near East may be traced to the Hebrew "qaneh bosm" - as one of the herbs that God commanded Moses to include in his preparation of sacred anointing perfume in Exodus 30:23; the Hebrew term also appears in Isaiah 43:24; Jeremiah 6:20; Ezekiel 27:19; and Song of Songs 4:14. Deutero-canonical and canonical references to the patriarchs Adam, Noah, Abraham, and Moses "burning incense before the Lord" are also applied, and many Rastas today refer to cannabis by the term "ishence"—a slightly changed form of the English word incense. Some Rastas claim that cannabis was the first plant to grow on King Solomon's grave.

    8. Re:Supreme Court has already ruled on this by sjames · · Score: 1

      Enlightenment?

      You're welcome.

    9. Re:Supreme Court has already ruled on this by sjames · · Score: 1

      Sometimes the law is a sinister screw.

    10. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 0

      >the right to select any religious faith or none at all.

      Yah, see, there's your problem right there. The Nebraska court ruled that Pastafarianism isn't a religion, but a parody work. It's satirical art, but isn't a religious creed so the prisoner can't choose to follow it any more than he could choose to follow J. R. "Bob" Dobbs of the Church of the SubGenius. The case you cited makes no attempt to distinguish between what is considered a "real" religion and what isn't. It just rules that the State cannot pass laws which encourages the practice of religion as that violates the Establishment Clause of the 1st Amendment.

        I now offer a Serenity Prayer of the SubGenius that I copied from a mailing list:

      Dobbs,
      Grant me the serenity to endure the Pinks I cannot kill,
      The courage to snuff the ones I can,
      And the wisdom not to do it when the cops are around.

      For Slack we pray

    11. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 0

      Well, maybe you shouldn't have committed a crime that put you in prison, where you cannot do those things, eh?

    12. Re:Supreme Court has already ruled on this by Theaetetus · · Score: 1

      I stole this from an Ars post, but this is going to be appealed and the State will loose. It's already been seen by the Supreme Court in 1985, specifically Wallace v. Jaffree : "The individual's freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority. Moreover, the individual freedom of conscience protected by the First Amendment embraces the right to select any religious faith or none at all. "

      No, the judge in this case is right - the Supreme Court's opinion in Wallace was regarding the Establishment Clause, and the prohibition on the government from elevating one religion over others (or, indeed, over 'no religion'). Pastafarianism as a satire is an argument under the establishment clause: if the state wishes to put up a ten commandments display or a nativity scene, then they must put up religious displays offered by any other religious group, regardless of how "silly" they find them.

      However, Wallace had nothing to do with the free exercise clause - and indeed, Pastafarianism doesn't implicate the free exercise clause because, let's be honest, no one actually believes in it. The free exercise clause is intended to protect freedom of conscience, when someone is directed by a law to do one thing and directed by their religion to do another: if your religion says you must not kill or you will face eternal punishment, and the government wants to draft you for war or you will face jail, you are in a moral dilemma where you're forced to choose between physical punishment or spiritual punishment, with no way out. But there is no dilemma for Pastafarians - the prisoner here does not face a moral dilemma and has no fear of spiritual punishment... not that Pastafarianism even has such punishment as part of its dogma. Accordingly, without an attack of conscience, there is freedom of conscience to protect.

    13. Re:Supreme Court has already ruled on this by Mal-2 · · Score: 1

      But it is a core belief that a lack of pirates causes global warming. Therefore, being prevented form talking or dressing like a pirate is forcing the believer to promote damage to the environment. Just because it isn't a personal punishment, that doesn't mean it's not a negative consequence of deviating from one's beliefs.

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    14. Re:Supreme Court has already ruled on this by Theaetetus · · Score: 1

      But it is a core belief that a lack of pirates causes global warming. Therefore, being prevented form talking or dressing like a pirate is forcing the believer to promote damage to the environment. Just because it isn't a personal punishment, that doesn't mean it's not a negative consequence of deviating from one's beliefs.

      Except he's never dressed like a pirate before and he isn't suing to dress like a pirate, he's suing for $5M in damages. Remember, the government is not investigating whether the religion is true or not, but whether the belief is sincere or not - regardless of whether or not piracy and global warming are correlated, he does not appear to believe it. Accordingly, even if preventing him from wearing the outfit damages the environment, there's no attack on his freedom of conscience.

    15. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 0

      >Say my religion requires me to eat a delicious steak at least twice a week

      Do enjoy your 1 cm cube of steak. We will ensure it was chopped, formed, vaccuum packed, and sealed with enough preservatives you'll be good for eons.

      >I must always sleep on a feather mattress because angels or something.

      Do enjoy your single feather mattress.

    16. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 0

      Pastafarianism doesn't implicate the free exercise clause because, let's be honest, no one actually believes in it.

      As soon as a legal argument says something like "let's be honest," it's a clear sign it's falling apart.
      You can't actually know whether anyone actually believes in anything, because mind-reading doesn't exist. The Spaghetti guy could truly truly be into it, whereas your average Christian Bible-thumper might actually not give a shit so long as there's a six-pack in the fridge.
      And as far as the "no one" goes, how many is enough to make it a "real" religion? Two? Fifteen? Forty-two? One thousand six? Wherever that line gets drawn, there's no objective test whether it's "real" or not. The Church of the Subgenius can qualify under any criteria you throw at it, even though it embraces sarcasm and parody. It has a bible. It has a mysterious, martyred prophet. It has thousands of followers. Tell any of them "let's be honest, no one actually believes in it", and they'll all give you the finger and steal your slack.
      So, is Bob Dobbs real? How real is "real" enough for you? Real like L. Ron? Real Like John Smith? Real like Jah Rastafari? Real like Mohamed? Under what legal standard does the Church of Bob get exempted from the free exercise clause? And if Bob is real, then why not his Holiness of the noodly appendages?
      Judging one religion over another is sticking your head into a world of shit. The only reasonable answer is to stay the fuck out of it. Otherwise you're forced to draw lines, arbitrary and capricious lines, and wars have been fought over less.

    17. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 0

      Lots of caselaw on this. See e.g., http://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2152&context=faculty_publications

    18. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 0

      It will be upheld. Lots of caselaw on discretion and religious cons in prison. It's an accommodation issue not a belief issue.

      See e.g.,

      "Further, prison officials may appropriately question whether a prisoner's religiosity, asserted as the basis for a requested accommodation, is authentic. Although RLUIPA bars inquiry into whether a particular belief or practice is "central" to a prisoner's religion, the Act does not preclude inquiry into the sincerity of a prisoner's professed religiosity.(Cutter v. Wilkinson, 544 US 709, 733, n. 13 (2005))

    19. Re:Supreme Court has already ruled on this by Anonymous Coward · · Score: 0

      that's the most elegantly simple thing I've heard all day. all week even

  15. Meanwhile, in New Zealand by amoeba47 · · Score: 3, Informative
    1. Re: Meanwhile, in New Zealand by amoeba47 · · Score: 1

      Church of FSM is a recognised religion and just had it's first wedding!

    2. Re:Meanwhile, in New Zealand by Anonymous Coward · · Score: 0

      Because New Zealand, I'm proud to say, has more sense than to confuse marriage with religion. In NZ, you can get married anywhere you damn' well please, and include anything you like in the ceremony.

  16. I know it when I see it by mi · · Score: 4, Interesting

    Much as I share the judge's doubts about sincerity of the plaintiff, I suspect, the ruling will not stand.

    "there must be a line beyond which a practice is not 'religious' simply because a plaintiff labels it as such. [...] The Court concludes that FSMism is on the far side of that line."

    He is right — in this case. But it is difficult (if not impossible) to define a criteria — like in that earlier case, where judges where asked to distinguish between erotic art and pornography: "I know it when I see it. Religion is even more difficult to define.

    But the whole idea of government — whether in prison or the military, wherever — recognizing a religion and making special accommodations for followers seems like a violation of the First Amendment. I mean the establishing part of it — you can still freely exercise whatever as long as it does not require special accommodations.

    --
    In Soviet Washington the swamp drains you.
    1. Re:I know it when I see it by Socguy · · Score: 1

      I get what you're saying but respectfully I would argue that the criteria for determining what you really believe is not all that hard to define.

      If someone really believes something then it should have an impact on how they behave in the world. If folks who say they believe in something don't actually do anything that such a belief might lead them to do, even something as simple as showing up a building to discuss their faith on a semi regular basis, then we have no evidence that such a belief is real, yet we have ample evidence to suggest that they don't actually believe.

    2. Re:I know it when I see it by dywolf · · Score: 1

      But the whole idea of government — whether in prison or the military [washingtonpost.com], wherever — recognizing a religion and making special accommodations for followers seems like a violation of the First Amendment. I mean the establishing part of it — you can still freely exercise whatever as long as it does not require special accommodations.

      well lucky for those in prison or those of us in (or formally in) the military, you are once again wrong and vastly ignorant of how it works.
      hell, the damn supreme court case affirming that prisons cannot bar inmates from religious beards was only 3 months ago!

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    3. Re:I know it when I see it by Anonymous Coward · · Score: 0

      For someone who claims to be a libertarian, you sure do like getting the constitution completely backwards, and then using your mistaken interpretation to oppress the rights of citizens.

    4. Re:I know it when I see it by mi · · Score: 1

      the damn supreme court case affirming that prisons cannot bar inmates from religious beards was only 3 months ago!

      Maybe, that's because beards do not, in fact, require any special accommodations. Or, maybe, SCOTUS simply made a mistake this time.

      --
      In Soviet Washington the swamp drains you.
    5. Re:I know it when I see it by Milharis · · Score: 3, Insightful

      I think what he was getting to is that there are no reasons for religious exemptions.
      In the case of the beards, I assume from your wording it is still forbidden for some people, that doesn't make any sense!
      Either there is a good reason to forbid beards, and no one gets one, or there is none strong enough, and everyone can have one.

      Do you really think it is fair that someone from religion X or Y can have a beard, but not a guy from religion Z or a non-believer?

    6. Re:I know it when I see it by dywolf · · Score: 1

      since you need a refresher on accomodations:
      https://www.opm.gov/policy-dat...

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    7. Re:I know it when I see it by dywolf · · Score: 1

      wrong link. that's the one for disabilities.
      here's religion: https://www.eeoc.gov/laws/type...

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    8. Re:I know it when I see it by mi · · Score: 1

      Equal Employment Opportunity Commission is part of the Executive branch. They don't write the laws, they enforce compliance — to the best of their understanding. Next time a cop beats you up, will you accept an argument, that he has done so in accordance with his department's rules?

      What makes your link even more off-topic is that they are enforcing the laws of employment only.

      --
      In Soviet Washington the swamp drains you.
    9. Re:I know it when I see it by Kjella · · Score: 1

      "there must be a line beyond which a practice is not 'religious' simply because a plaintiff labels it as such.

      He is right - in this case. But it is difficult (if not impossible) to define a criteria - like in that earlier case, where judges where asked to distinguish between erotic art and pornography: "I know it when I see it. Religion is even more difficult to define.

      I think if you take the sum of every practice generally recognized as "religious", past and present as prior art then excluding something as a potential religious practice would be an impossible task. Of course you can suspect that if an inmate claims $deity demands he only eats Kobe steaks and lobster dinners with Beluga caviar and Champagne you might doubt the sincerity, but you'll never prove it and I doubt you'll find a principal difference to kosher, halal, sikhs that won't eat meat and so on.

      As for sincerity surely there are a few wacky cult leaders who genuinely think they're god's prophet and deserve special treatment. Heck, in many cases it's the "exercise" of their religion that brought them there. Sure you might say it's against the law, but if you try to be some sort of ecclesiastical court telling them their religions beliefs are wrong or invalid that's absurd. If you transported an ancient Aztec who genuinely believe in human sacrifice to the present, you can't decide in court that he's wrong. But you'll still convict him for murder.

      But the whole idea of government - whether in prison or the military, wherever - recognizing a religion and making special accommodations for followers seems like a violation of the First Amendment. I mean the establishing part of it - you can still freely exercise whatever as long as it does not require special accommodations.

      And I think that's exactly what the judge was trying to avoid, because that would go against a ton of small and large concessions made for religion. Which is what FSM is all about, making a joke of religion and forcing people to treat it as seriously as any other religion to take away those special "religious" privileges. It would be cool if in 1791 they said:

      "Congress shall make no law respecting an establishment of religion nor grant any special privilege based on faith" but they didn't... and there's a few centuries of precedence that says they don't read it that way.

      --
      Live today, because you never know what tomorrow brings
    10. Re:I know it when I see it by TrekkieGod · · Score: 5, Insightful

      I'll start by saying that I agree with your post about 100%. My only point of contention is that I actually don't doubt the sincerity of the plaintiff or the validity of the religion. Specifically:

      "there must be a line beyond which a practice is not 'religious' simply because a plaintiff labels it as such. [...] The Court concludes that FSMism is on the far side of that line."

      He is right — in this case.

      I disagree that he is right. The judge correctly identifies Pastafarianism as satire designed to make a political point but then proceeds to make a ruling making that political point invalid. The issue members of the FSM church try to bring to light is that members of religious groups get special treatment all the time. You can't wear hats for your driver's license picture. Wait, your religion says you must wear one? Ok, then you can wear one. Everybody else has to follow this rule, but you can't. Or, in this case, people in jail who are religious get to wear clothing the others aren't allowed to, they get to congregate at special times when others aren't allowed, etc. All the FSM church members want is that whatever rules you create apply equally to everyone. It's not even to remove those privileges from the religious. If there's a reason why inmates shouldn't be allowed these things, that reason doesn't disappear if they're religious. If there's no reason why they shouldn't be allowed these things, then there's no reason it should be banned for anyone.

      The judge makes the point that members of other religions truly believe, while members of the FSM don't. But even that's not really true. Members of the FSM truly believe in the tenets of their religion: they truly believe that making special exceptions to the rules to accommodate someone's religion is unfair and unethical. Their practices are designed to bring this perceived injustice to light and are central to their moral code.

      --

      Warning: Opinions known to be heavily biased.

    11. Re:I know it when I see it by argStyopa · · Score: 1

      The simplest alternative is for the government to *entirely* disregard religion.

      (Note, I'm a practicing Lutheran, although not a devout evangelical one.)

      No tax breaks for churches: if you want to incorporate as a non-profit, you're just another non-profit, no special treatment.
      No behavioral breaks: you need to wear a funny hat or a special scarf all the time in a way that impedes a facial picture? Fine, no photo ID for you, meaning no driver's license, etc.
      Need to go to church on Sunday? Find a business that doesn't make you work that day. Need to pray 5 times a day to your Noodly master? Negotiate that as part of your employment.
      Need to wear a beard? Sorry, in prison you don't get to. Don't want to be forcibly shaved? Don't go to prison.

      --
      -Styopa
    12. Re:I know it when I see it by Anonymous Coward · · Score: 0

      You mean like most Xtians in the US?

    13. Re:I know it when I see it by AthanasiusKircher · · Score: 2

      The judge makes the point that members of other religions truly believe, while members of the FSM don't. But even that's not really true. Members of the FSM truly believe in the tenets of their religion: they truly believe that making special exceptions to the rules to accommodate someone's religion is unfair and unethical. Their practices are designed to bring this perceived injustice to light and are central to their moral code.

      This is a really great point.

      And I'd go even further to note that many religions have a long history of disparaging the followers of other religions and/or their practices. This particular "religion" is no different in that regard. In our modern multicultural world, most people tend to ignore those aspects or downplay them... but they are often still official dogma in many religions.

      Just because a religion wishes to argue against another religion through parody or satire doesn't mean that the arguments are not truly believed and felt sincerely. Many religions also have a long history of taking the symbols of another religion and mocking them or using them in inappropriate ways to disparage those other groups. Again, Pastafarians are just appropriating elements that have a long history in other religions.

      In this case, the judge can only label these things as "satire" or "political statements" because of the suspicion that Pastafarians may not truly believe in the existence of the Flying Spaghetti Monster. But I know many "Christians" who do not believe in the literal existence of Jesus or at least in the literal historicity of miracles attributed to him. Should they too be denied religious status under the law? Are judges to get involved in theological disputes to determine exactly who is a "sincere Christian" and who doesn't hold the requisite number of Christian dogmatic facts as "truth"?

      The fact is that Pastafarians have a coherent philosophical stance, and they take actions because they believe in their philosophical doctrine. Even if you believe the law should make exceptions for people with legitimate beliefs, the boundary line should deal with the beliefs -- no matter whether they are "religious" (whatever that means!) or philosophical or whatever.

    14. Re:I know it when I see it by Anonymous Coward · · Score: 0

      I think churches are going to start rejecting government soon. I easily foresee a lawsuit because a church won't marry a gay couple; when faced with the choice, the church will choose to only perform sacramental (not legal) marriages. This is why I don't have a problem photographing gay weddings; they're almost always at the courthouse, making it literally as sacred an event as getting my driver's license. Or concealed carry permit.

    15. Re:I know it when I see it by Anonymous Coward · · Score: 0

      He may be right about whether or not this individual holds a sincere belief, but he is absolutely wrong to base that conclusion on something that depends on the intent of the writers of the book. Nothing about *anyone's* belief in the claims of a particular text automatically follows just because the authors of that particular text had some particular intent when writing it.

    16. Re:I know it when I see it by Anonymous Coward · · Score: 0

      It is not necessary for you to believe in the Spaghetti Monster to have the Pastafarian religion be yours. The whole concept is that religions are a farce, including your own. As Pastafarians, we need to stand up to the silliness of religion with good humor. We have to reject many, many things. We have to embrace things which ARE true. That shapes how we see the world. That's a religion.

      Only when you look at the religion through a specifically Judeo-Christian lens, where you have a divine being center-point, does this fail. If the judge were looking at Buddhism, he would have to similarly reject it.

      This is a terrible ruling, not just because it is inappropriate -- it's very, very incorrect, showing a massive bias on the part of the judge. He's just wrong.

      He looked at a religion, and didn't know one when he saw it.

    17. Re:I know it when I see it by Anonymous Coward · · Score: 0

      How do you get to that point when they throw you in a hole and refuse to let you practice your new found faith, or for attempting to practice for that matter as is the case here presumably?

    18. Re:I know it when I see it by IcyWolfy · · Score: 1

      Thousands of Christians in the US have never been to a church, never read the bible, yet still identify as Christian. Still belief in God, in Heaven and Hell.

      Why is that considered a Religion for them then?

    19. Re:I know it when I see it by armanox · · Score: 1

      Personally, I think it is stupid that the courts and legislature waste so much time on that. What difference does it make if they have a beard or not?

      --
      I'm starting to think GNU is the problem with "GNU/Linux" these days.
    20. Re:I know it when I see it by Anonymous Coward · · Score: 0

      I know a lot of so called Christians who claim whole-heartedly to believe the tenants of their faith, but cheat on their wives and taxes.

    21. Re:I know it when I see it by Anonymous Coward · · Score: 0

      One of the real issues the judge fails on is the definition SCOTUS uses is "sincerely held belief". Another is the Church of All Worlds exists...and not as satire: see http://caw.org/content/ for more details.

    22. Re:I know it when I see it by rhazz · · Score: 1

      Probably sanitation. Having most of the population shaved probably significantly reduces transmission of things like lice. Allowing a few people to remain bearded probably doesn't affect the overall sanitation, and so one could argue that allowances can be made. I don't believe religion is a fair way to distribute that allowance though.

    23. Re:I know it when I see it by Gussington · · Score: 1

      The judge correctly identifies Pastafarianism as satire designed to make a political point but then proceeds to make a ruling making that political point invalid. The issue members of the FSM church try to bring to light is that members of religious groups get special treatment all the time. You can't wear hats for your driver's license picture. Wait, your religion says you must wear one? Ok, then you can wear one. Everybody else has to follow this rule, but you can't. Or, in this case, people in jail who are religious get to wear clothing the others aren't allowed to, they get to congregate at special times when others aren't allowed, etc. All the FSM church members want is that whatever rules you create apply equally to everyone. It's not even to remove those privileges from the religious. If there's a reason why inmates shouldn't be allowed these things, that reason doesn't disappear if they're religious. If there's no reason why they shouldn't be allowed these things, then there's no reason it should be banned for anyone.

      The judge makes the point that members of other religions truly believe, while members of the FSM don't. But even that's not really true. Members of the FSM truly believe in the tenets of their religion: they truly believe that making special exceptions to the rules to accommodate someone's religion is unfair and unethical. Their practices are designed to bring this perceived injustice to light and are central to their moral code.

      That's a great summary. So where do I sign up?

    24. Re:I know it when I see it by dywolf · · Score: 1

      you stated that it is against the 1A for government to engage in accommodations.

      you were wrong.
      the link proves it. the cases have already been to the SCOTUS.

      no, they don't write the laws. but as you said, they enforce it.
      ergo, the link accurately reflects are what the laws are, the laws that you say don't exist in the first place.

      and the statement

      whole idea of government — whether in prison or the military [washingtonpost.com], wherever — recognizing a religion and making special accommodations for followers

      obviously includes employment as a subject area for applying accommodations. as for prisons, we already covered how you got that wrong too (remember? the case was in January? prison beards?)

      ergo, you were wrong, again.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    25. Re:I know it when I see it by dywolf · · Score: 1

      the damn supreme court case affirming that prisons cannot bar inmates from religious beards was only 3 months ago!

      Maybe, that's because beards do not, in fact, require any special accommodations. Or, maybe, SCOTUS simply made a mistake this time.

      you would think that, except......

      -the prison barred beards out of safety concerns for the guards (razor blades). this being a rather old and generally well supported and reasonable point of view, that until now hadn't really been challenged. so they had banned beards of all lengths.
      -a Muslim petitioner sought permission to grow a beard IAW his religion
      -the prison denied that permission
      -he filed lawsuit citing 1A protections.
      --in his favor, he also stated in his legal filing that he saw the prison systems point of view, and was willing to compromise and limit the length of his beard, to say a half inch
      -the case made its way to the Supreme Court, who called it an obvious 1A case, decided in his favor, noting his willingness to compromise
      -that prison system now allows short beards for religious observance as a compromise (aka religious accommodation! )

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
  17. Flip the argument by kbg · · Score: 2

    "there must be a line beyond which a practice is not 'religious' simply because a plaintiff labels it as such... A prisoner could just as easily read the bible and claim it as his holy book, and demand accommodation of Mormonisnm or the church of seventh day adventists. The Christian Gospel is plainly a work of satire, meant to entertain while making a pointed political statement," and thus not a "real" religion.

    This is the same argument and it actually makes sense, how do we know that the Bible was not meant as a satire? How do we know the Bible is a holy book? Just because some people said so? You either have to allow everything to be a religion or none of it.

    1. Re:Flip the argument by BonThomme · · Score: 1

      Apparently, religion is like pornography. You can't define it, but you know it when you see it...

    2. Re:Flip the argument by Anonymous Coward · · Score: 0

      I see the Church of the SubGenius as a real religion. And now I stole your slack! Prison privileges will be mine!

  18. Wait, there's such thing as a real religion? by nichogenius · · Score: 2

    Because honestly, they all sound equally fake and ridiculous. The difference is that Pastafarians aren't required to believe in their God... I'm sorry, but this needs to be overruled. You can't *safely* define what is and isn't a true religion without trampling the spirit of the first amendment.

  19. Re:Courts are now in the business of judging the q by Socguy · · Score: 4, Insightful

    Until the devotees of pastafarianism start doing crazy self destructive things in the name of the religion, it's a pretty safe bet that they don't take the faith all that seriously.

  20. Who's ridiculous here ... by Anonymous Coward · · Score: 0

    Pastafarianism is consciously ridiculous says the judge. Ok. Is a traditional religion less ridiculous because it is taken seriously?

  21. devastating :( by swell · · Score: 3, Funny

    I do not worship the FSM, but I sympathize.

    In the 60s (that would be the 1960s for you young folk), I became a minister for the Missionaries of the New Truth ($10 back when that was real money). We seemed to be a small religion though I never met other believers in person (mail order ministry). It is shocking to think that my faith could be questioned by an arbitrary group of 'authorities'. Might they then insist that I pay 45 years of back taxes? Might they make me take down the giant pink and orange middle finger fetish in my front yard? Could they disperse the devout young maidens with whom I celebrate in connubial bliss every day?

    --
    ...omphaloskepsis often...
    1. Re:devastating :( by Anonymous Coward · · Score: 0

      When do you hold Services?

    2. Re:devastating :( by Anonymous Coward · · Score: 0

      I do not worship the FSM,

      According to this judge, nor does anyone else.

    3. Re:devastating :( by SpeedBump0619 · · Score: 1

      When do you hold Services?

      I'd guess it centers around the "devout young maidens with whom I celebrate in connubial bliss every day".

  22. Somebody ask the judge, please by Anonymous Coward · · Score: 0

    You know, I'd really like to hear mr. Gerrard's opinion on scientology and whether that together with this opinion holds any water. It's one thing to declare there has to be some line, but to arbitrarily put it at "satire", well, why can't you worship through satire? That seems to be more constructive (yes, pun intended) than, oh, psychologically abusive claptrap from a really old book or from a third rate SF writer who all but outright declared he was only in it for the money. And, hm, how about worshipping (through) irony? Nobody made it official yet, but there does seem to be quite a cult out there. So, do justify drawing that line where you did, dear mr. judge sir.

    (No, I don't concur that the complainant must be granted tons of money; pastafarianism isn't big on ceremony on purpose so worshipping can and should be done on the cheap. But dismissing the entire thing as not a religion because satire, well, no. Sorry, that just doesn't fly.)

    1. Re:Somebody ask the judge, please by Half-pint+HAL · · Score: 1, Informative

      well, why can't you worship through satire?

      You can -- of course you can. This isn't about means of worship, it's that this isn't worship because the guy in question doesn't actually believe there is a flying spaghetti monster.

      But dismissing the entire thing as not a religion because satire, well, no. Sorry, that just doesn't fly.)

      In what sense? A religion is a formal structure incorporating a belief system. What do "pastafarians" believe? None of the professed beliefs on the website are genuine beliefs -- they're just a parody of other people's beliefs. No belief, no religion.

      --
      Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
    2. Re:Somebody ask the judge, please by Anonymous Coward · · Score: 2, Insightful

      And how many of the people in recognized religions actually believe the stuff their religion preaches? I'll tell you what - if more of them did believe, there wouldn't be so many acting like a-holes out there. So "belief" is a pretty hard thing to prove. I doubt that testing belief in religion (of which ALL have to be taken as fiction by the court due to lack of proof for any of them) is something that a court needs to be getting involved in.

    3. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      Gerrard is too fucking hard to be a Scientologist. He'll kick the ball forty yards and he's better than Frank Lampard, Steve Gerrard Gerrard.

    4. Re:Somebody ask the judge, please by sjames · · Score: 4, Insightful

      I see people whose genuine beliefs look a lot like a parody of Christianity of Islam all the time. They usually call themselves Christian or Islamic respectively.

    5. Re:Somebody ask the judge, please by matbury · · Score: 5, Interesting

      This isn't about means of worship, it's that this isn't worship because the guy in question doesn't actually believe there is a flying spaghetti monster.

      There are a lot of worshippers who don't believe the literal meaning of their literature. For example, many Catholics don't believe in transsubstantiation, i.e. that the host (wafer) turns into the flesh and the wine turns into the blood of Jesus during communion. That reminds me: https://xkcd.com/1152/

    6. Re:Somebody ask the judge, please by Anonymous Coward · · Score: 0

      well, why can't you worship through satire?

      You can -- of course you can. This isn't about means of worship, it's that this isn't worship because the guy in question doesn't actually believe there is a flying spaghetti monster.

      I don't know that, so I didn't say anything about this character's sincerity and only commented on whether pastafarianism could count as an actual religion regardless of the sincerity of any single self-professed adherent. But the thing is that yes, the judge shot down pastafariansm as a whole as well as questioning this one person's adherency, and shooting down the entire thing is problematic.

      He did shoot down the entire thing, and so yes, it's exactly about that.

      But dismissing the entire thing as not a religion because satire, well, no. Sorry, that just doesn't fly.)

      A religion is a formal structure incorporating a belief system. What do "pastafarians" believe? None of the professed beliefs on the website are genuine beliefs -- they're just a parody of other people's beliefs. No belief, no religion.

      What is a belief system but a bunch of made-up stories* that people choose to believe? You can believe anything you choose. It really doesn't matter whether it started out as satire or not. If I choose to believe in a satyrical narrative then it is still my belief.

      And so the question remains, who is this judge to decide whether a (set of) belief(s) does or does not make up a religion? His argumentation is weak and thereby discriminatory, since it really comes down to "your religion isn't because I say so". This obviously raises the question why that other "religion", consisting mostly of completely unbelievable SF-like writings except presented to be taken seriously, does count a religion explicitly in the face of this judge's argument against where he uses SF authors to make a point. So the question remains and the judge owes pastafarians everywhere an honest answer.

      * Go on, try and find system or even just coherency in, say, the quran or even much of the bible. Discrepancies and outright contradictions abound.

    7. Re:Somebody ask the judge, please by Archtech · · Score: 1

      A religion is a formal structure incorporating a belief system.

      I call Zen Buddhism. Not only does it not have "a formal structure" or "a belief system", it lays great stress on avoiding both.

      --
      I am sure that there are many other solipsists out there.
    8. Re:Somebody ask the judge, please by Archtech · · Score: 2, Insightful

      Arguably, no real religion has a formal structure or a belief system. Those are just the hollow outward appearances that attempt to take the place of the real religion, which is usually lost forever as soon as its founder dies. "The letter killeth, but the spirit giveth life". Try to write down religious insights, and they slip through the pages like water between the fingers.

      --
      I am sure that there are many other solipsists out there.
    9. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      I disagree. If more believed the nonsense we'd see more mass killings, not fewer a-holes. Have you ever read any of those old books?

    10. Re:Somebody ask the judge, please by FreeBillClinton · · Score: 1

      I think his opinion of Scientology is obvious. His comparison to the fictional religions of two science fiction writers was probably not coincidental.

    11. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      I think there's a lot of wisdom in the above post.

      I mean, really, who's to say that the Bible, etc. aren't satire. As in, "what would happen if we actually believed this crap?"

    12. Re:Somebody ask the judge, please by Anonymous Coward · · Score: 0

      Let's presume that the book is satire.
      The fact that the book is satire does not preclude someone from believing it
      Concluding that someone does not have genuine belief in something because that something was written is satire is backwards. Religions are about what people believe of their own conscience, not about the intent of some third party when a text was written.

      I don't believe the flying spaghetti monster is real. In fact, there is no religion (or potential religion) that I know of that is likely enough to be congruent with reality that I would say I believe it. But I find your conclusion that other people can't 'actually believe' something just because it is highly probable it was written as satire both ridiculous and arrogant. Who are you to demand that other people must not 'actually believe' something?

    13. Re:Somebody ask the judge, please by onepoint · · Score: 1

      In reading the Judges statements ( rulings? ), I can infer, that he wants FSM to keep moving forward, but that FSM to this specific person in jail is not valid. I am rather sure someone is going to try to fight the ruling, it's a fun case and if you win, you are going down in history as the lawyer of FSM

      --
      if you see me, smile and say hello.
    14. Re:Somebody ask the judge, please by Nehmo · · Score: 2
      Spaghetti Monster is satire, but the satire is that it is just as logical as religions. As I remember, a ruling on a 1983 (not year) Civil rights federal action held that the religion need not be acceptable, logical, consistent, or comprehensible to others.

      Labeling something as a religion should not give it special privileges. The First Amendment was written at a time when "religion" was the appropriate word. Nowadays, it should be replaced with "belief".

      --
      (||) Nehmo (||)
    15. Re:Somebody ask the judge, please by Citizen+of+Earth · · Score: 1

      Hell, 33% of people who call themselves "Christians" don't even believe on God.

    16. Re:Somebody ask the judge, please by Anonymous Coward · · Score: 0

      There are a lot of worshippers who don't believe the literal meaning of their literature. For example, many Catholics don't believe in transsubstantiation

      Non-sequitur. Transsubtantiation is a doctrine of the Catholic Church, not a part of "their literature" except in the belief that Catholic == believer and follower of all Catholic doctrine. Few people are so unilateral in their beliefs as there's too many edge cases that "their literature" doesn't natively cover. Hence church doctrine and the hundreds of denominations.

      In any case, the courts do have a point of sorts. Christianity wasn't a religion really until basically all first generation followers of Christ were dead. Until then, it was merely a political movement. Once the first and second generation (in terms of ideas, not per se actual generations) were gone, people just had to make up shit to fill the gaps. Which makes me think we can call the free market, communism, and anarchy religions. Or science as well.

      Which more or less goes to show really how the whole naive idea of separation of church and state and generally preventing religious oppression has turned more into its own sort of oppressive doctrine. Unless you've got legendary supernatural beings that are 50+ years old minimal, you're on your own. Jedi-ism, here we come...

    17. Re:Somebody ask the judge, please by Anonymous Coward · · Score: 0

      well, why can't you worship through satire?

      You can -- of course you can. This isn't about means of worship, it's that this isn't worship because the guy in question doesn't actually believe there is a flying spaghetti monster.

      But dismissing the entire thing as not a religion because satire, well, no. Sorry, that just doesn't fly.)

      In what sense? A religion is a formal structure incorporating a belief system. What do "pastafarians" believe? None of the professed beliefs on the website are genuine beliefs -- they're just a parody of other people's beliefs. No belief, no religion.

      OMG Holy War! We need a reality TV show about this!

    18. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      How do you know the attitude of someones heart? By what right can you claim that I am not devoted to His Noodle?

      You are a religious and spiritual chauvinist.

    19. Re: Somebody ask the judge, please by srmalloy · · Score: 1

      The Deuteronomic requirement to stone to death anyone wearing cotton/polyester clothing, for example?

    20. Re:Somebody ask the judge, please by Anonymous Coward · · Score: 0

      Exactly! The Scientologist! Climatologist! It is all a scam!

    21. Re: Somebody ask the judge, please by ubrgeek · · Score: 1

      Nah. I'm waiting for the movie.

      --
      Bark less. Wag more.
    22. Re:Somebody ask the judge, please by Anonymous Coward · · Score: 0

      Buddhism, zen or what ever you like to add there, is NOT! a religion and it has never pretended to be one. Buddhism as a religion is something that you westerners game up with.

    23. Re:Somebody ask the judge, please by Anonymous Coward · · Score: 0

      Is that a genuine statistic?

    24. Re:Somebody ask the judge, please by Darinbob · · Score: 1

      Well, sure. But what about all those who don't really believe in Jehovah but they do want to to get time off on all high holy days?

    25. Re:Somebody ask the judge, please by jbolden · · Score: 1

      Court make determinations about intent and state of mind all the time. They ruled this person didn't believe it because it was satire. Faced with some alternative reality where other people did believe it and acted like it the court would rule differently.

    26. Re:Somebody ask the judge, please by jbolden · · Score: 1

      It is not about belief it is about an institution and institutional action. A mere belief never qualified for religious protection.

    27. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      That's funny. Because I'm looking at my copy of the Cathechism of the Catholic Church right now; the "deposit of Catholic doctrine. It doesn't get any more formal. It's got paragraph numbers. And an index. And citations.

    28. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      Except pastafarianism is obviously a parody of religion and, therefore, sincerity of religious claims are easily disproven.

    29. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      Haha, yeah, that's a fun read...

    30. Re: Somebody ask the judge, please by ZipK · · Score: 2

      The Deuteronomic requirement to stone to death anyone wearing cotton/polyester clothing, for example?

      Whether or not Deuteronomy requires this, even the most minimal fashion sense does.

    31. Re:Somebody ask the judge, please by matbury · · Score: 1

      Yes, plus 28.396% of all statistics are made up on the spot.

    32. Re:Somebody ask the judge, please by lilrobbie · · Score: 2

      There are a lot of worshippers who don't believe the literal meaning of their literature. For example, many Catholics don't believe in transsubstantiation, i.e. that the host (wafer) turns into the flesh and the wine turns into the blood of Jesus during communion. [...]

      There's a difference though, between disagreement about the details (every religion has this), vs. deliberate unbelief in the professed religion. The judge recognises that FSM initiated as a satirical belief, and is basically calling BS on the claim by these individuals that they *actually* believe and care about this satire-as-religion.

      I know we're knee-deep in the whole "but who are you to question others' belief" era... but really, all proponents of FSM that I know are merely being anti-religious. I.e., if someone asked them to list the top 5 most important things in their life, FSM wouldn't make the list, I can assure you. Nor would they have even stumbled into FSM without there being a Muslim/Christian/?? group nearby to push and rile against.

      On the upside, the judge has now granted these FSM believers a chance to prove themselves as genuinely religious. It seems that religions only fully develop under rejection and oppression by the current system... so the FSM folk should really be thanking this judge and embracing their opportunity!

    33. Re:Somebody ask the judge, please by TsuruchiBrian · · Score: 1

      Rastafarians definitely have beliefs. They believe in satire as a legitimate way to express their belief that religions should not be given special treatment above other beliefs. They believe that satire is a good way to highlight the fact that our definition is ambiguous and subjective. They are not just beliefs, they are meta beliefs (beliefs about beliefs). So while pastafarians do not believe they beliefs to profess. The profession of ridiculous beliefs is part of their actual belief system.

      Not breaking from character is an important property of a good pastafarian. I am obviously not a pastafraian in good standing.

    34. Re:Somebody ask the judge, please by TsuruchiBrian · · Score: 1

      Pastafarians absolutely have real beliefs, they are just different than their professed beliefs. Part of pastafarianism is to profess certain ridiculous beliefs even if you don't really believe them (i.e. like Catholics and transubstantiation).

    35. Re:Somebody ask the judge, please by TsuruchiBrian · · Score: 1

      Clearly they believe in "something". Their public belief system is obviously satire, but that doesn't mean there is not an actual belief system that is not publicly shared. Other religions like Scientology and LDS have religious secrets that are not supposed to be publicly available.

      Courts don't demand to know what's inside the Mormon temples or what secrets are revealed to an OT8 to validate them as a real religion. Not to mention the fact that a lot of the genuine beliefs of pastafarians can simply be inferred.

    36. Re:Somebody ask the judge, please by TsuruchiBrian · · Score: 2

      The thing with laws is that you need to make them objective. Try coming up with a law that defines an objective difference between religious and non-religious belief.

    37. Re:Somebody ask the judge, please by lilrobbie · · Score: 1

      Pastafarians absolutely have real beliefs, they are just different than their professed beliefs. Part of pastafarianism is to profess certain ridiculous beliefs even if you don't really believe them (i.e. like Catholics and transubstantiation).

      Oh... unquestionably Pastafarians believe in *something*... but those beliefs have 0 correlation to the demands being made by the prisoners. The demands for outfits and worship (two things FSM openly mocks) make as much sense as your local Buddhist trying to get a religious grant for their Ferrari...

    38. Re:Somebody ask the judge, please by TsuruchiBrian · · Score: 1
      The demands for outfits and worship (two things FSM openly mocks) make as much sense as your local Buddhist trying to get a religious grant for their Ferrari...

      That's not true. One of the core beliefs of Pastafarians is the power of mocking other people. And their traditional way of doing this is through outfits and worship.

    39. Re: Somebody ask the judge, please by chaboud · · Score: 1

      Whether the religion itself started as satire is immaterial. What matters is the individual's beliefs and intentions.

      Branch Davidianism may have been a freewheeling get-laid-quick trick to Koresh, bit it was truly believed by members.

      As much as I'd love to give "I know it when I see it" powers to judges, this one feels more like "walks like a duck". What if I spun up an old school faith based on the anti-hypocrite preachings of Christ, intent on decrying judicial misconduct. Should I expect a fair hearing from a judge?

    40. Re:Somebody ask the judge, please by lilrobbie · · Score: 1

      That's not true. One of the core beliefs of Pastafarians is the power of mocking other people. And their traditional way of doing this is through outfits and worship.

      And this is a religious activity? I mean, that sounds like something people do when discussing football, or politics, or work colleagues. In effect, you're proving precisely the judge's point though. It's an arbitrary set of actions, made up by an arbitrary group and branded as religion as a point of satire.

      A satire-of-a-religion is *not* a religion, and should not be treated as such. Any attempts reframe it as a *genuine* religion is a blatant troll... because FSM doesn't see itself as anything other than satire.

      ("But what if the other religions are also satire?"... even if we imagine for a moment that religions somehow started as satire, the majority of them are now genuinely held beliefs. FSM is still openly satire.

    41. Re:Somebody ask the judge, please by TsuruchiBrian · · Score: 1

      And this is a religious activity? I mean, that sounds like something people do when discussing football, or politics, or work colleagues. In effect, you're proving precisely the judge's point though. It's an arbitrary set of actions, made up by an arbitrary group and branded as religion as a point of satire.

      One of the genuine beliefs of pastafarians is that religious belief should not get special privileges. One might argue that they believe this "religiously". It is indeed satire, so I think the judge is correct there. I think where the judge is wrong is arbitrarily deciding that any form of satire is necessarily disqualified as a religion.

      A satire-of-a-religion is *not* a religion, and should not be treated as such.

      The point pastafarians are making is that a satire of a religion is not objectively distinguishable from a "real" religion, and *no* belief should be given the privileged status currently given to religious beliefs.

      And I think they are successful in the sense that it is pretty damn hard to come up with a set of objective laws that includes only certain religions. And I believe this is also a usefool argument in showing why the endeavor of granting religions special privileges is not practical nor fair.

      Any attempts reframe it as a *genuine* religion is a blatant troll... because FSM doesn't see itself as anything other than satire.

      The whole point is that there is no objective way to frame anything as a *genuine* religion. And I disagree that the FSM doesn;t see itself as anything other than satire. They certainly see themselves as satire, but not *only* satire. They certainly believe in the cause they are fighting for. Yes FSM is trolling people. To say that the definition of a religion is a set of beliefs of which none are satirical or troll-like, is arbitrary.

      ("But what if the other religions are also satire?"... even if we imagine for a moment that religions somehow started as satire, the majority of them are now genuinely held beliefs. FSM is still openly satire.

      I never made this argument, but I know others have. I don't doubt that the adherents of other religions have genuine beliefs. It's hard to fly a plane into a building if you don't. I am saying that the FSM has genuine beliefs too. They *also* have satirical non-genuine beliefs in addition to their genuine beliefs.

      This is analogous to how members of other religions may not believe in every literal claim their religion makes. Some christians don't even believe that Jesus was anything more than a normal human being with some good ideas.

    42. Re:Somebody ask the judge, please by lilrobbie · · Score: 1

      One of the genuine beliefs of pastafarians is that religious belief should not get special privileges. One might argue that they believe this "religiously". It is indeed satire, so I think the judge is correct there. I think where the judge is wrong is arbitrarily deciding that any form of satire is necessarily disqualified as a religion.

      We're in agreement that satire doesn't necessarily disqualify something from being a religion. But, holding an idea "religiously" does not make that idea the basis for a religion.

      *In general*, I agree religions are hard to pin down. For concrete instances though, it's less gray than people generally wish to believe as you really can take into account your best understanding of the proponent's intent.

      Again, to restate... the question here isn't whether religions are special or deserve any special treatment. The question here is whether FSM and it's proponents are doing anything other than trying to cynically game the system. The judge seems believe that the answer is a resounding no. If it was a different religion, the outcome would also likely have been different too.

      This is analogous to how members of other religions may not believe in every literal claim their religion makes. Some christians don't even believe that Jesus was anything more than a normal human being with some good ideas.

      I struggle to agree with this, because FSM deliberately and consciously espouses things they ALL don't believe in. This seems blatantly different to the situation where there's internal debate within a religion (e.g., your Jesus example is a good one). Find me a FSM practitioner who actually believes their stories, and I'll happily reconsider :-)

      Either way... I've enjoyed the discussion with you!

    43. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      As a Pastafarian, the last thing I want is for it to be a real religon. It is, at least for me, meant to help highlight the stupid way society treats religious belief and in that sense, I think this judgement helps support that. The judge made an exception because pasafarian 'beliefs' are stupid and cannot be true. To be this helps to higlight the euqually (if not more so) stupidity of all other religious beliefs.

    44. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      Don't get me started about urologists and physicists.
      If something bullshitty finishes in -ist, automatically everything that ends with -ist is bullshit...

    45. Re:Somebody ask the judge, please by jbolden · · Score: 1

      They don't need to verify what's inside Mormon temples or secrets of Scientology to rule them a religion. There are far more than enough external observable behaviors which are consistent with a religion for such a judgement to be made. The same way that if you tell me that object X has a heart and brain I don't need to see hip bone to verify its an animal and not a plant.

    46. Re:Somebody ask the judge, please by jbolden · · Score: 2

      Laws don't need to be completely objective in that sense. We do not need to be able to perfectly define something to legislate around it. One of the explicit given reasons for regulatory guidance and common law is to address the fact that the black letter law is quite often rather remote from the law as practiced. I get that you might prefer well thought out fully objective laws which don't require much interpretation: I agree with you, judges agree with you and regulators agree with you. But judges and regulators, our legal system, have to deal with laws that don't meet that criteria.

      The laws governing religious protection in the United States are from a black letter law perspective often explicitly protections for various credobaptists sects that haven't existed in centuries against the institutional Anglican churches of mother England and those congregationalist and Presbyterian churches often favored by our colonial administrators. For example we know as a matter of fact that one of the concerns raised by the people passing the "no trinitarian oaths clause" (specifically designed for deists and Unitarians) in the constitution is that it could come in later times to be applied to Jews and Muslims. The majority of the founding fathers believed these would be one off cases better left to the courts and didn't feel any reason to legislatively address it. Others wanted to restrict it and so the language became the test clause you read today in the constitution.

      The laws aren't objective they are very situational and interpreted by a culture in a cultural context that changes with time.

      As for your challenge about religion that's pretty easy. A religion is a cultural system of behaviors and practices within organizational framework for the purpose of decimating the intergenerational continuity of beliefs in particular mythologies, world views, sacred texts, holy places and ethics.

    47. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      You are wrong. The verse "You shall not wear cloth of wool and linen mixed together." never had The death penalty attached to it. If you want to point out perceived injustices in Deuteronomy, by all means go for it, but don't make crap up.

    48. Re: Somebody ask the judge, please by Bob+in+Atlanta · · Score: 1

      Give it a rest. Pastafarians do not believe in jail, so that makes it easy. He is outside of the recognized universe, ergo he doesn't exist. Does that work?

    49. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      I prefer cotton/wool, myself.

    50. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      It is a tough middle ground to be sure, on the one hand I think that yes, this is how we should treat religion, on the other if we treat pastafarianism as a pseudo religion and Scientology as gospel (pun intended) then the point isn't getting across. There is no reason to prevent people from thinking or believing whatever they so choose, the beauty is that this can occur within the confines of your own skull.

    51. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 1

      Maybe I misread but I thought the whole wording of the amendment was to bar the govt from considering any individual's beliefs - in legislation at least. Certainly to bar it from officially recognizing one institution or denouncing another as false.

    52. Re:Somebody ask the judge, please by TsuruchiBrian · · Score: 1

      *In general*, I agree religions are hard to pin down. For concrete instances though, it's less gray than people generally wish to believe as you really can take into account your best understanding of the proponent's intent.

      There are certainly black and white instances of religion vs non-religion. Is Christianity a religion? If it's not, then I don't know what a religion is. For sure FSM is in the gray and probably intentionally so. I don't think this absolves the government's responsibility to define religion in an objective way, and subject all self proclaimed religions to the same test. The United States has historically been very lax when it comes to denying religious status to various groups. They allow con-men to have tax exempt status, because the freedom of religion is so sacred that we are willing to tolerate fraud to protect against the possibility of a violation of this freedom.

      Again, to restate... the question here isn't whether religions are special or deserve any special treatment. The question here is whether FSM and it's proponents are doing anything other than trying to cynically game the system

      That's not the question, because we kind of already know the answer. They are definitely trying to game the system. But so are other religions. They are in my mind actually better than these mega church televangelists douchebags conning money out of desperate people who can't afford it. The point is that in order to legally grant religions special status the government has the burden to objectively define a religion. And as far as I can tell, they have not done that and have no interest in doing that, probably because it's impossible.

      I struggle to agree with this, because FSM deliberately and consciously espouses things they ALL don't believe in. This seems blatantly different to the situation where there's internal debate within a religion (e.g., your Jesus example is a good one). Find me a FSM practitioner who actually believes their stories, and I'll happily reconsider :-)

      All it would take is for one true FSM believer to make this false. There is lots of crazy people out there. If some local FSM chapter manages to convince a mentally unstable person that it is real, they've basically become mormonism or scientology. Is it really necessary to actually go down that road, or can it be enough just to demonstrate that that road exists?

      Furthermore, what if the FSM adjusts their belief system to include some genuine ones (i.e. they stop professing only satricial beliefs)? Then what? What if they start conning seniors out of their social security money? How far do they need to go to meet the qualifications of a religion? You can't just disqualify them for being the FSM. We are a nation of laws, and we are supposed to have equality under the law.

      Either way... I've enjoyed the discussion with you!

      me too

    53. Re:Somebody ask the judge, please by TsuruchiBrian · · Score: 1

      They might need to see the secrets of scientology to know if the people are acting as if they believe the tennets of their own religion. You can't ascertain this without knowing what their tennets are. The constitution guarantees equality under the law. This means simply saying "scientology is obviously a religion and FSM is obviously not" is not good enough. You need to create an objective test and allow every self professed religion to either pass or fail this test on it's own merit.

      The same way that if you tell me that object X has a heart and brain I don't need to see hip bone to verify its an animal and not a plant.

      Are you saying that there is no objective way to tell if an object is a plant or an animal? or that it is not important to be objective?

    54. Re:Somebody ask the judge, please by TsuruchiBrian · · Score: 1

      As for your challenge about religion that's pretty easy. A religion is a cultural system of behaviors and practices within organizational framework for the purpose of decimating the intergenerational continuity of beliefs in particular mythologies, world views, sacred texts, holy places and ethics.

      Correct me if I am wrong, but I don't think the word "decimate" makes sense in this sentence. So even with this definition you presented, does a potential religion need to satisfy one, some, or all of these criteria to meet the overall criterion?

    55. Re:Somebody ask the judge, please by stealth_finger · · Score: 1

      You know, I'd really like to hear mr. Gerrard's opinion on scientology and whether that together with this opinion holds any water. It's one thing to declare there has to be some line, but to arbitrarily put it at "satire", well, why can't you worship through satire?

      A lot of people actually believe in Scientology though, evidenced by giving them all their money and leaving their lives. No one actually believes in Pastafarianism, everyone knows it's a piss take.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    56. Re: Somebody ask the judge, please by stealth_finger · · Score: 1

      I disagree. If more believed the nonsense we'd see more mass killings, not fewer a-holes. Have you ever read any of those old books?

      That depends, take the bible, it would depend if you believe the first half or the second. They're kinda contradictory.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    57. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      Ur-inalysis leads me to believe ur-a-bullshitticist!

    58. Re: Somebody ask the judge, please by Anonymous Coward · · Score: 0

      i think the paradox is that once a pastafarianist genuinely believes, crazy or not, it immediately proves it cannot be a religion. or said differently, it disproves itself.

      other religions are alleging they are the path.

      pastafarianism mocks all paths, including, principally its own.

    59. Re:Somebody ask the judge, please by jbolden · · Score: 1

      Spell check. That should have been disseminating but I spelled it with one-"s" and the closest word....
       

    60. Re:Somebody ask the judge, please by cwsumner · · Score: 1

      Spell check. That should have been disseminating but I spelled it with one-"s" and the closest word....

      Never trust a SpellCheck any further than you would trust a used-car salesman named Eddie !! 8-)

    61. Re:Somebody ask the judge, please by TsuruchiBrian · · Score: 1

      That's cool, I'm not one of those people that tries to win arguments by pointing out spelling errors :)

    62. Re:Somebody ask the judge, please by Quirkz · · Score: 1

      "But what if the other religions are also satire?"

      There's a Gael Baudino novel where the source document for a religion was a typography manual for stonecutters, used initially as something of a hoax, that gradually became modified and expanded into a full religion. I don't know what the odds are that it's happened in real life, though.

    63. Re: Somebody ask the judge, please by Archtech · · Score: 1

      I say again: "The letter killeth, but the spirit giveth life". Try to write down religious insights, and they slip through the pages like water between the fingers.

      The Catechism that you mention sounds like the driest of dry bones - the remains of what was once a living, joyous being.

      --
      I am sure that there are many other solipsists out there.
    64. Re:Somebody ask the judge, please by martinfb · · Score: 1

      You want to see FSM martyrs? Fine. I will eat pasta until I die!

      --


      Self-importance and self-indulgence is the root of ALL evil.
    65. Re:Somebody ask the judge, please by martinfb · · Score: 1

      Jihadist have an extreme practice!

      --


      Self-importance and self-indulgence is the root of ALL evil.
  23. No religion deserves protection by Theovon · · Score: 2

    What is and is not a religion? Is taking a position on God a religion? In some ways, atheism is “religious” because it makes a definitive statement about the existence of higher beings, while agnosticism is perhaps not because it refuses to take a position. Buddhism is treated like a religion, but it’s really an orthogonal philosophy, and many people are Buddhists and also some other religion at the same time.

    Although I will argue with people whose beliefs defy logic, nobody has the right to dictate to you what you should believe. And that goes both ways. Just because there’s a label for your peculiar superstitions doesn’t mean you can force me to respect you.

    We have so many real things that are NOT choices that people struggle with. Race, gender, gender identity, sexual orientation. Hell, in the UK people put you down if you have red hair. I think this “hate speech” thing is bullshit. If you want to flap your mouth about some ignorant belief you have, go for it; you just don’t have the right to interfere in their lives by hurting them, preventing them from getting jobs, etc.

    1. Re:No religion deserves protection by Anonymous Coward · · Score: 0

      Is taking a position on God a religion?

      If yes, does it matter which god you choose to take a position on? There are, after all, hundreds to choose from and more being invented all the time.

    2. Re:No religion deserves protection by Anonymous Coward · · Score: 0

      There are senses of the terms 'atheism' and 'atheist', that people actually use in real life today, which do not in fact require any sort of claim to knowledge, merely lack of belief. Knowledge and belief are two different things. You may wish to consider that many people who label themselves atheist use the term in that sense, and not the sense that you are imposing.

    3. Re:No religion deserves protection by Gussington · · Score: 1

      In some ways, atheism is “religious” because it makes a definitive statement about the existence of higher beings,

      Like not collecting stamps can be considered a hobby...

  24. I don't get it by Sklivvz · · Score: 4, Interesting

    All religions are obviously works of fiction, according to everyone not of that religion...

    Take any religion, much more than 50% of living human beings think it's obviously fake.

    So, tell me again: what is a "real" religion, objectively?

    1. Re:I don't get it by AnthonywC · · Score: 1

      Objectively, no religion is real. Unfortunately most people are not objectively rational. Reality is real, make belief is not.

    2. Re:I don't get it by PatrickNarkinsky · · Score: 1

      The difference is not in the religion but the adherent. So far as I'm aware, this individual doesn't even claim to sincerely believe in FSMism. Instead he wants to adopt a phony religion, not sincerely held, as a protest against the perceived faults of other religions.

      The key thing about religious beliefs, and about religious faith is that it's not arbitrary. I can't just change what I believe for no reason at all -- I can't just wake up one morning and say "oh, well, I guess I'll be Shinto today." This is why religion needs special protection. Through a bitter series of wars in Europe, we learned that it's best for everyone to let everyone follow their conscience, so that we don't start more wars by trying to restrict or enforce any sincerely held religious creed.

      If this guy were actually sincere in believing in the FSM, then I'd say that believe deserves protection (even though FSM-ism was clearly created as satire.) He's not sincere, and that's pretty damn obvious.

    3. Re:I don't get it by Anonymous Coward · · Score: 0

      Yes, but all religions claim to be "objective" truth. They say things about the world that may or may not be independently verifiable.

      Actually, I think some religions are almost entirely subjective, in that their tenets are restricted to spiritual values and experience, and not the nature of the external world.

      Curiously, "Objectivism" is very much a cult.

    4. Re:I don't get it by libertas · · Score: 1

      For a religion to be "real," it appears it must be willing, or at least have been willing in the past, to persecute and terrorize non-believers and, especially, apostates and heretics. FSM adherents need to get with the program, I guess.

    5. Re:I don't get it by sittingnut · · Score: 1

      what is "real" ?
      if you are not ignorant, you would know that objective existence of what most people call "reality", "world'", etc, cannot be demonstrated rationally.
      we merely believe there is a reality preceptive to our senses. but it is all in our mind. it is impossible to rationally prove there is anything is outside our mind. if you are rational you have to accept that.
      and even our mind is a constant flow of thoughts. or at least our mind, at one point in time, merely believes it had/will have other thoughts at other points of time.
      so even mind does not "objectively" exist in time.
      in other words, there is no reality.

      as such only irrational ignorant persons would look down their noses at religious and write nonsense like "Objectively, no religion is real", because nothing is "objectively" "real" rationally.
      religious believers believe in god and moral codes, intellectually dishonest self styled atheists believe in noses and moral codes (which they use to look down on and condemn religious). but god, moral codes, noses , etc are all mere beliefs.

      rationally there is only two intellectually honest choices;
      a complete amoral nihilistic solipsist atheism(which by definition would not go around posting moralistic comments on believers) ,
      or
      possibility of an outside reality based on beliefs acknowledged as beliefs, with further possibility that others may have other (perhaps contradictory )beliefs about that reality, with equally valid rational justifications (though with possibility of other justifications such as use of violence).

    6. Re:I don't get it by Anonymous Coward · · Score: 0

      But of course you can wake up and say "god spoke to me in a dream and now I'm shinto".
      I don't see the difference.
      Or more accurately, I don't see why there should be a legal difference between actually believing in fairy tails and just saying that you do.

    7. Re:I don't get it by Anonymous Coward · · Score: 0

      I can't just change what I believe for no reason at all -- I can't just wake up one morning and say "oh, well, I guess I'll be Shinto today."

      What are you talking about? People "convert" all the time. Sometimes it's on pain of death, sometimes it's to get laid. It most certainly happens to reassure others, so confirms the meaninglessness of the "beliefs" held by the converted.

    8. Re:I don't get it by ilguido · · Score: 1

      All religions are obviously works of fiction, according to everyone not of that religion...

      That's obviously false. Christianity does not think that Judaism is work of fiction, and Islam does not think that Christianity or Judaism are work of fiction, and if you go back in time you would see that old religions (like Greek Mythology) explained other religions through their myths (Egyptian Isis was just Io transformed back to human form or Demeter). So, no, that is not true.

    9. Re:I don't get it by PPH · · Score: 1

      persecute and terrorize non-believers

      Heartburn.

      --
      Have gnu, will travel.
    10. Re:I don't get it by Anonymous Coward · · Score: 0

      That's obviously false.

      You are obviously ignorant of theology.

      Christians think that Jesus will bring in Armageddon, not the rebuilding of the temple as Jewish people do. Muslims think that Jesus was not the son of god. They each think the other myths by man, and any overlap between them is clearly true only because it is present in the one true religion.

    11. Re:I don't get it by myowntrueself · · Score: 1

      All religions are obviously works of fiction, according to everyone not of that religion...

      Take any religion, much more than 50% of living human beings think it's obviously fake.

      So, tell me again: what is a "real" religion, objectively?

      I can tell you've never had a spiritual experience nor any other kind of paranormal experience that opens your eyes.

      --
      In the free world the media isn't government run; the government is media run.
    12. Re:I don't get it by myowntrueself · · Score: 1

      Objectively, no religion is real. Unfortunately most people are not objectively rational. Reality is real, make belief is not.

      Theres an old, old saying.

      The future exists first in imagination. Then in Will. Then in reality.

      Reality is the least important thing that exists.

      --
      In the free world the media isn't government run; the government is media run.
    13. Re:I don't get it by Anonymous Coward · · Score: 0

      So, tell me again: what is a "real" religion, objectively?

      That's easy. Religion, real or not, is mental illness, sometimes collective at disturbing scales.

      Of course, anyone religious will vehemently disagree. Naturally. What else could they do?

    14. Re:I don't get it by terjeber · · Score: 1

      You are obviously correct that we can not know whether what we experience is real, and given a few "if", it is trivial to prove that we are in fact nothing more than a computer simulation. However. Given that we are what we are and that we experience what we experience, the reasonable thing to do is to assume we do indeed live in a reality that can be perceived and that two individual perceiving the same reality will have a similar, but clearly not identical, experience. The reason this is reasonable is that otherwise we could just sit down and blow our brains out to see what happens.

      Now, given the base assumption, namely that reality is perceivable to a high degree, and that observers will generally agree on the basics of what is observed, religion is still nonsense. This even holds true in most cases where a religious person with a scientific bent and an atheist prior to starting a debate agree on the ground rules for the debate's framework. In other words, to more or less reasonable people, one religious and one atheist, will in fact end up agreeing that religion is irrational in a reasoned debate. The debate will mostly end with the religious person going "yes, but then there is my belief" and that kills any rational argument and ends the debate.

    15. Re:I don't get it by Gussington · · Score: 1

      I can tell you've never had a spiritual experience nor any other kind of paranormal experience that opens your eyes.

      Oh well Jesus must be true then. Good argument.

    16. Re:I don't get it by myowntrueself · · Score: 1

      I can tell you've never had a spiritual experience nor any other kind of paranormal experience that opens your eyes.

      Oh well Jesus must be true then. Good argument.

      Try taking some LSD or, better yet, salvia. Theres more to this world.

      --
      In the free world the media isn't government run; the government is media run.
  25. This is good. by Anonymous Coward · · Score: 0

    Now we just need to take this to the logical conclusion that Xianity, jewism, muslimism, sceintology, etc, are not real religions either, and should therefore receive no special treatment from the government.

  26. who can say by Anonymous Coward · · Score: 0

    Scientology?

  27. personal choice by lkcl · · Score: 1

    it doesn't actually matter what *other people* think - yes pastafarianism was created as satire, but there *will* be people who will choose to follow it religiously (and i do use that word quite deliberately). let's take it the other way round: should this judge be permitted to rule that an individual who *pretends* to follow christianity is somehow "okay"??? that because that individual merely *claims* to be following a religion - yet his daily life and thoughts (if they were made public) would clearly demonstrate that his entire committment to christianity is a complete and utter sham.

    in the USA, would a judge even be *permitted* to make any kind of ruling that could criticise the personal thoughts and motivations of a member of an established faith? they'd be utterly vilified if they did!

    and so it's the same thing here. the actual religion is utterly irrelevant. it's the motivation and dedication of the individual that's important, regardless of how long that religion has been established, and regardless of what *everyone else* does. this judge is stepping way outside of acceptable ethical bounds. that, and someone else points out (in another post, here) that the supreme court has already ruled on "freedom of conscience to select religious faith or none at all" as being inviolate.

    1. Re:personal choice by myowntrueself · · Score: 1

      it doesn't actually matter what *other people* think - yes pastafarianism was created as satire, but there *will* be people who will choose to follow it religiously (and i do use that word quite deliberately). let's take it the other way round: should this judge be permitted to rule that an individual who *pretends* to follow christianity is somehow "okay"??? that because that individual merely *claims* to be following a religion - yet his daily life and thoughts (if they were made public) would clearly demonstrate that his entire committment to christianity is a complete and utter sham.

      Indeed.

      If this man were allowed to count as religious, whats next? Forcing other religions to recognise followers who explicitly say they don't believe in the faith but want to cash in on some benefits of belonging?

      I've seen people pretend to believe in Christianity in order to manipulate others and get benefits from Christian organisations. Is that somehow supposed to be ok?

      --
      In the free world the media isn't government run; the government is media run.
  28. Re:A prisoner could just as easily read the works. by AncalagonTotof · · Score: 3, Insightful

    Why stop at scientology ?

    Bible ? Coran ? Tora ? Any other ?

    Thank you, judge, for stating that all religions are fake.

    --
    Totof
  29. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    You beat me to it, in a more courteously way. I was going to say it was only a religion for rich, stuck up people... AKA nut-jobs. UNARIUS (www.unarius.org/) is more of a religion than that creepshot.

  30. Re:Courts are now in the business of judging the q by dywolf · · Score: 1

    exactly. this is going to be overturned the lower judge reprimanded fairly quickly

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  31. Hypocrisy by Anonymous Coward · · Score: 0

    But worshipping a son of a vergin claming to be the son of god ironically is a religion ???? The first amendement gives you the right to practice you religion no matter how bizarre it might sound (for the rest of us) and regardless of what the goverment thinks as long as you don't break the law. That's the hole point of the amendement (and one of the fundaments of a secular state). Com'on this is the 21st century...

  32. Work of satire? by lorinc · · Score: 1

    The Flying Spaghetti Monster Gospel is plainly a work of satire, meant to entertain while making a pointed political statement," and thus not a "real" religion.

    I though all religion were work of satire meant to entertain. The main broad difference is that FSM is indeed making a political statement whereas other religion are not meant to be anything else than pure entertainment, or when they are making political statement, it's most of the time not in the good direction.

    1. Re:Work of satire? by myowntrueself · · Score: 1

      The Flying Spaghetti Monster Gospel is plainly a work of satire, meant to entertain while making a pointed political statement," and thus not a "real" religion.

      I though all religion were work of satire meant to entertain. The main broad difference is that FSM is indeed making a political statement whereas other religion are not meant to be anything else than pure entertainment, or when they are making political statement, it's most of the time not in the good direction.

      You don't seem to actually know anything about religion, therefore your opinion doesn't count for shit. And I say that as a non-religious person.

      --
      In the free world the media isn't government run; the government is media run.
    2. Re:Work of satire? by lorinc · · Score: 1

      You don't seem to actually know anything about religion, therefore your opinion doesn't count for shit. And I say that as a non-religious person.

      What an argumentation! I'm impressed. Vague affirmation, false consequence, vulgarity, and finally false authority. You managed to use 4 fallacies in only 2 sentences, I suppose you have to be right...

  33. Kopimism by CanEHdian · · Score: 1

    Waitwut? Does that mean that this orthodox judge would also consider scrapping Kopimism (usa, can) as an official religion? So how are the inmates that were thrown in the slammer for downloading a couple of 1960s Beatles songs going to have their religious ceremony of the Holy Copy Party?

    --
    When the copyright term is "forever minus a day", live every day like it's the last.
    1. Re:Kopimism by Opportunist · · Score: 1

      A smart judge would just tell you "Law trumps religion. If law declares illegal what your religion demands, your religion is wrong".

      And frankly, anything else would be idiotic. Reality does not bow to the whims of some imaginary friend of yours, why should laws that judge reality?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  34. Ruling incompatible with US Con 1st amendment by Anonymous Coward · · Score: 0

    By officially declaring a system of beliefs NOT a religion, the judge is declaring other religions official. By creating a standard for which collection of OPINIONS don't constitute a religion, he's endorsing all the others, or at least a broad class of them, which is hopefully going to be overturned on appeal.

    This is as much a crock-of-shit ruling as "I can't define porn, but I know it when I see it."

    1. Re:Ruling incompatible with US Con 1st amendment by Opportunist · · Score: 1

      So now you're not only dependent on how much of a perv the judge is when it comes to porn, you're also dependent on how much the judge is a religious nutjob when it comes to religious legal problems.

      Fucking great. Why the hell have laws altogether? Or even a constitution for that matter.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  35. Re:A prisoner could just as easily read the works. by Mashiki · · Score: 2

    Well this is going to prove really interesting, can't wait to see if it manages to make it to the supreme court or not.

    --
    Om, nomnomnom...
  36. As long as he applys the same exact standard by Anonymous Coward · · Score: 0

    To all Religions he will get the same result if he fails to use the very same standard then he shows preference.
    What a tool.

  37. Re:A prisoner could just as easily read the works. by AthanasiusKircher · · Score: 5, Funny
    Forget about Scientology... that's not even the biggest problem with this reasoning. From the ruling:

    The Flying Spaghetti Monster Gospel is plainly a work of satire, meant to entertain while making a pointed political statement

    This "plainly" here is difficult to judge. How can we be sure any unbelievable religious text wasn't some sort of "pointed political statement" or "satire"?

    For example, I now take you back a few thousand years to the drafting of the Book of Genesis:

    HEAD RABBI: "Hey, you nimrods! It's time to get to work on that 'history' of our people. I expect to see some results when I get back. Make sure it's entertaining!" [exits]
    RABBI A: "Okay, let's get going. God created the universe over 7 billion years."
    RABBI B: "Come on. That's not very exciting. How about 7 days?!"
    RABBI A: "No way. Nobody will believe that. It's just ridiculous!"
    RABBI B: "But maybe that's what we need here. A touch of the ridiculous!"
    RABBI A: [scribbles furiously] "Okay, fine. 7 days. And God made a beautiful paradise. And God created men and women..."
    RABBI B: "Wait, wait, I got it... maybe the woman is made from the guy's RIB."
    RABBI A: "Okay, that is pretty hysterical. And now we need to explain why life sucks so much, and all these stupid rules we have about not being able to eat bacon."
    RABBI B: "Hmm... I love me some bacon. What to do? Well, we need God to look completely ridiculous from the start, with all sorts of arbitrary rules. How about we put a tree in paradise with lovely fruit, but the people aren't supposed to eat it for no apparent reason? And then they do, and God just says, 'Get the hell out of here!' "

    RABBI A: "BRILLIANT! Hey, I got an idea. Remember that big flood they still tell stories about? What if God told a special 'chosen' guy to build a giant boat and sail around in it?"
    RABBI B: "Yeah, and he packed up all the stuff in his house to save it from the flood."
    RABBI A: "Wait, wait... no we need to make this even crazier. Remember, we gotta make this silly and entertaining, or nobody will read it. How about the flood covers everything, so the guy has to save all the animals. So he packs up two of everything on his boat!"
    RABBI B: "That's insane... and hilarious. Everyone's going to crack up at the ridiculousness of that. And then when they land the boat after the flood, the guy gets all drunk and naked... and his family has to come in and cover him up."
    RABBI A: "But, but... he's all drunk and curses the guy who saw him, and thus we can justify serfdom and slavery for millennia!"
    RABBI B: "Fantastic! But what are we gonna call the people who get cursed?"
    RABBI A: "Well, they keep telling us we can't have bacon. Let's call him HAM!"

    RABBI B: "Okay, where do we go now? Well, there's that guy everybody brings up as the founder of our people -- Abram."
    RABBI A: "No, when he gets called by God, you gotta add more bacon jokes -- he's AbraHAM... get it?"
    RABBI B: "That's really hamming it up..."
    RABBI A: [groan]

    RABBI B: "Okay, let's say this Abram... er, no... AbraHAM has a guy in his family that lives in a city that needs to be cured."
    RABBI A: "Cured? Like bacon! Well you'll need some salt."
    RABBI B: "Yeah -- so the guy flees the city, and his wife turns into a giant pillar of salt!"
    RABBI A: "That's going too far. This is getting preposterous."
    RABBI B: "No, no. Hear me out. And his daughters are so stupid, that after they fle

  38. And why shouldn't they? by Anonymous Coward · · Score: 0

    Its all fiction anyway.

  39. Subgenius! by Anonymous Coward · · Score: 0

    Objectively? The Church of Bob is objective. We have more followers. We have meetings on college campuses. We have videos and entertainer-devotees. We have a humanoid martyred leader. We have slack, just what prisons everywhere are truly need. Bob Dobbs keeps it real.

  40. The Church of All Worlds exists by Mr.+Slippery · · Score: 1

    There is a legally recognized "Church of All Worlds", inspired by Heinlein. It's a sizable Neopagan group started by Oberon Zell (who corresponded a fair bit with Heinlein). The judge's apparent ignorance of this fact demonstrates the unsoundness of his ruling.

    Pastafarianism is as real as any religion. Questions of religious liberty must be based on the sincere beliefs and actions of the person, not in the origins of the religion. Dude has FSM tats, has undergone some expense and pain in the name of Pastafarianism, so it's not a trivial thing for him.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
    1. Re:The Church of All Worlds exists by serviscope_minor · · Score: 1

      Not only that but regardless of the satire, is IS a serious belief of pastafarianism that all people should be equal under the law and if special dispensation is given to one person it should be given to all.

      The vehicle for this is satire, but the underlying point is some very serious and very real beliefs. This judge is essentially ruling that belifs based on ethics are less important than beliefs with illogical supernaturam elements.

      Well done judge.

      --
      SJW n. One who posts facts.
    2. Re:The Church of All Worlds exists by Locke2005 · · Score: 1

      I would assume the Church of All Worlds was inspired by Stranger in a Strange Land. Wouldn't be the first religion based on Science Fiction -- see Church of Scientology.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
  41. The judge is correct by paiute · · Score: 3, Interesting

    the judge wrote "there must be a line beyond which a practice is not 'religious' simply because a plaintiff labels it as such

    The judge is quite right here, unfortunately for him the Constitution expressly forbids Congress - and by extension him - from drawing that line.

    --
    If Slashdot were chemistry it would look like this:Cadaverine
    1. Re:The judge is correct by shawn2772 · · Score: 1

      the judge wrote "there must be a line beyond which a practice is not 'religious' simply because a plaintiff labels it as such

      The judge is quite right here, unfortunately for him the Constitution expressly forbids Congress - and by extension him - from drawing that line.

      The meaning of the establishment clause of the first amendment isn't as clear as you seem to think it is. Your interpretation is clearly *not* what was intended by Madison, since at the time several states had official state religions and the primary goal of the clause was to protect those religions from interference by the federal government, allowing states to enforce religious practice and affiliation, or not, as they chose. Some states mandated religious affiliation by law, and allowed churches to levy legally-enforced taxes on their officially-registered members, which seems insane to us now but was considered reasonable at the time. Incorporation into the 14th amendment seems to have changed the meaning and made it something closer to what you believe it is, but the fact is that it's really not that well-defined and the exact meaning and scope is still a subject of much debate.

      I hope this ruling gets appealed so we can see what higher courts think, and establish some precedents to further delineate the scope and meaning of the establishment clause. This is kind of a bad test case for proponents of strict separation, though, because Pastafarianism is satirical. It was invented specifically to be ridiculous, as a joke and an attempt to use its own ludicrousness to highlight alleged ludicrousness of real religious belief. Courts take a dim view of such attempts to "hack" the system.

    2. Re:The judge is correct by AutodidactLabrat · · Score: 1

      No, the proscription on PROHIBITING as opposed to merely INFRINGING means Congress certainly CAN regulate religion so long as it is not PROHIBITED.
      TAxes for instance, and rejections of proslytizing, for another, are well within the Supreme Law.

    3. Re:The judge is correct by shawn2772 · · Score: 1

      Please don't shout.

      Again, you're espousing as factual a perspective that isn't at all clear, either historically or in precedent. And you also don't appear to have read the comment you replied to. Any decent analysis of the meaning of the first amendment has to look at its meaning both before and after the 14th amendment, because that amendment clearly changed it.

    4. Re:The judge is correct by AutodidactLabrat · · Score: 1

      What?
      In what world is the 1st Amendment changed by inserting the definition of citizen and declaring the equal rights of same?
      The 14th equal protection, privileges and immunities clause changes nothing in the breadth of Congress power to regulate religious entities so long as they do not prohibit them.
      Nor does that amendment in any way grant respect to an establishment, nor permit one.
      Please cite your legal briefs, cases or codes which demonstrate this.

    5. Re:The judge is correct by shawn2772 · · Score: 1

      I don't think there are a lot of cases which bear specifically on this change in interpretation, because it was somewhat gradual. So instead I'll just give you a rough overview of the concept, then refer you to some books that you can read for more detail.

      Basically, when the Bill of Rights was written and ratified, it had nothing to do with individual rights, because the anti-Federalists who were demanding a Bill of Rights weren't really concerned about individual rights. Not because they didn't care about them, but because they trusted their state assemblies to protect individual rights, as they had been doing for generations (consider that the Virginia Assembly had been in full operation for 150 years when the Bill was written). Indeed, at the time the whole notion of a Bill of Rights was based on the Magna Carta and the English Bill of Rights, which were, respectively, about the rights of the Barons and about the rights of the people collectively, not individually. Rather, the anti-Federalists who Madison (a Federalist) was trying to appease were concerned about the risk of a new, distant and aristocratic[*] central government trampling on the states, and the rights in the Bill of Rights were specifically to protect the states. Even apparently individual rights, such as freedom of speech, press, religion and assembly, were actually mostly about political speech, etc. of the form practiced in state governments. Even religion, since many states at the time had an official state religion, often tied deeply into their politics. Really, only the legal procedural elements were about protecting individuals... and even those were important particularly because the aristocratic federal government might try to use judicial processes against the leaders of the states.

      What the 14th amendment did was to fundamentally change the role of the federal government in individual rights. Prior to the 14th, it had basically no role whatsoever, and that seemed good to the founders. But the next 70 years showed that states also could become very oppressive of individual rights, and not just to slaves. In order to defend slavery, many of the southern states had severely restricted the rights of even white people. For example, North Carolina made it a capital crime to preach against slavery to a congregation, neatly stomping the freedoms of speech, religion and assembly all in one law! So by the time reconstruction came around, the country had learned that not only did collective states' rights need to be protected from the federal government, but individual rights needed to be protected from the states.

      That began the "Doctrine of Incorporation", whereby the Supreme Court individually incorporated elements of the Bill of Rights into the 14th, against the states. The most recent example of incorporation was in McDonald v Chicago, which incorporated the 2A into the 14A, making the 2A apply to the states. More subtly, along the way the meanings of many of the rights actually changed. There's a good argument to be made that the original freedom of assembly was intended to preserve the right of state legislatures to assemble and make laws for their states, but that makes no sense whatsoever in terms of individual freedoms, so it is now interpreted as a general right of people to assemble in groups as they like for whatever purpose they like (with exceptions).

      For another example, consider the 2A and 3A, collectively called the "military amenmdents" and which really should be read as a single concept in the original Bill of Rights. The real purpose of those amendments was to protect states from the military might of a central government. The militia clause was motivational and explanatory. But when the Bill of Rights is reinterpreted as a set of individual rights that no longer really makes sense, and hence SCOTUS found in DC v Heller that there is an individual right to keep and bear arms -- note that they did not incorporate in Heller, so they didn't directly apply the 14th amendment but they sti

    6. Re:The judge is correct by AutodidactLabrat · · Score: 1

      So, in fact, there is no change to the 1st Amendment permitting either an establishment nor a prohibition, and the rights of regulation and taxation remain, thus Government Sanction of one claimed religion over another, or Government Sanction to the detriment of one or another, is still unlawful.
      Thanks for admitting you have no basis whatever to claim the 14th applies at all to the 1st Amendment right of the Prisoner, and the 1st Amendment burden on the state,

    7. Re:The judge is correct by shawn2772 · · Score: 1

      Reading comprehension is not your forte, apparently. I'm sorry I wasted so much time typing an explanation. I certainly won't bother again.

  42. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    Yeah, the autist crowd just can't wrap their minds around the concept of "genuine".

    Surely if two people display outwards similar physical characteristics, and speak similar words, then they must be treated the same?

    Nope, says the judge, we are going to treat people differently based on the thoughts inside their head.

    "But you can't see those thoughts, so who are you make claims about what they are?"

    "Ah, check out my job title" says the judge.

    In thise case, using Ron Hubbard's holy book as an analogy is utterly flawed. The judge uses as an example to read a work of fiction, see a religion described as part of the plot and claim belief in it. The judge hence inherently presumes, and rightfully so, that someone who is informed of a religion as part of the plot in a novel will most likely not have a genuine belief in it.

  43. KILL for CHRIST by Anonymous Coward · · Score: 0

    The folks in Nebraska have made an interpetation. If you don't understand, here is an interpretation of their interpretation.

    They are telling you to stop going to church, unless you have a highly communicable illness.

    You should never mock another man's faith.

  44. Re:Courts are now in the business of judging the q by Anonymous Coward · · Score: 0

    It's what all judges do constantly in every country in the world. It's just that Slashdotters are too autistic to get that.

    Accused: "Your Honor, I pointed the loaded gun at him and put my finger on the trigger to scare him, but suddenly felt an extreme urge to sneeze and involuntarily jerked and pulled the trigger by accident. I never meant to kill him"

    Judge: "No, in your mind you meant to kill him"

  45. What is a real religion? by Opportunist · · Score: 1

    Reeks of "no true scotsman" and all that.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:What is a real religion? by Anonymous Coward · · Score: 0

      What about Crackpot Religions (Ltd.)? "We have ways of making them join."

  46. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    of a mass murderer, multiple rapist, paedophile (who married a nine year old girl when he was fifty four) called MUHAMMAD too...

    Nothing to say, stupid Slashdotters? Mustn't question Islam, must we...

    What about the Talmud? Do you know what's in that too?

    www.prophetofdoom.net

  47. Behold the full autism of Slashdotters by Anonymous Coward · · Score: 0

    The rule says: those who believe in a religion are entitled to be treated in certain ways.

    Slashdotters react: "Ah, this means that if I imitate the religious believers, I must also be treated in that way. I will decide on a figure and say that I worship this, like they say they are worshipping God, I will find a piece of text and say that I feel this is holy to me, like they are claiming the Bible is holy. By acting as they do, the rule means I must be treated as they do!"

    The judge goes: "Actually, you are not genuinely believing"

    Slashdotters sputter: "But firstly, I perform all the outward acts of someone who is believing, so I am entitled to be treated the same way as them! And secondly, who are you to make claims about what thoughts are inside my head? What apparatus or device do you use to objectively detect my thoughts? I could be worshipping the carpet right now and you cannot disprove that!"

    What they are incapable of getting is that the judge actually judges what your thoughts are - whether putting a hundred dollar bill on someone's desk was an attempt to bribe them or just a random act of fancy. And this is done not objectively, but probabilistically. The judge literally judges whether you actually believe, to a standard of evidence. Shocking.

  48. Re:A prisoner could just as easily read the works. by matbury · · Score: 1

    The judge hence inherently presumes, and rightfully so, that someone who is informed of a religion as part of the plot in a novel will most likely not have a genuine belief in it.

    Have you read the bible? It's all stories. The whole point of the book is that it's a set of cultural narratives that speak to the idea of "truth" rather than facts. Viewing the bible as a book of facts, AKA religious fundamentalism, which is only around 200 years old, is what's created this stupid legal mess in the first place. Theological arguments have no place in government institutions, prisons, or courts of law. We don't live in a theocracy. It's not up to a judge to decide whether he thinks a he's a theologian or religious philosopher and therefore entitled to decide which religions are legitimate or not. That's not his job and it's not the government's place to impose their beliefs on others. The reason for secularism is so that we don't have repeats of things like the Catholic church's persecution of other beliefs and religions. It's one of the most important developments of modern culture: The right to freedom from religious persecution for one's beliefs.

    Under the same argument, all this privileging one group of people over another over their particular religion also goes away. Everyone should be treated equally under the eyes of the law, whatever their religion. So if someone decides that they're Pastifarian or followers of Brian, "He's not the messiah, he's a very naughty boy!" They should be afforded equal opportunity to do so.

  49. Specious reasoning, judge. by Rambo+Tribble · · Score: 1

    Many view religious texts as composed mainly of allegorical stories. Satire is highly allegorical, and well suited to teaching precepts. The judge seems to be making the rather unsupportable contention that religion must be "serious".

  50. Re:A prisoner could just as easily read the works. by PhilHibbs · · Score: 0

    This "plainly" here is difficult to judge. How can we be sure any unbelievable religious text wasn't some sort of "pointed political statement" or "satire"?

    If judging was easy, anyone could be a judge. It's difficult, so we have specialists who are qualified to do it. That's what this judge did. He judged.

  51. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 1

    Except that the original printings of Scientology had a preface from L. Ron Hubbard himself declaring it a work of fiction and that it was not and would not be allowed to be used as a real religion as long as he lived.... Oh. Wait.

  52. Christianity is not a real religion! by Anonymous Coward · · Score: 0

    The Buybull Thumping Jesus Gospel is plainly a work of satire, meant to entertain while making a pointed political statement, and thus not a "real" religion.

  53. They don't attack as brutally. by Anonymous Coward · · Score: 0

    I see a big difference between the older communities you have listed, which are mainly made up of Greatest Generationers, Baby Boomers and Gen Xers, and the newer JavaScript and Rust communities which are mostly made up of Millennials.

    When arguing with a supporter of Linux, or vi, or EMACS, the worst they'll typically do is tell you to fuck off, and leave it at that.

    Yet whenever JavaScript or Rust comes up at places like HN or Reddit, and somebody isn't totally supportive of it, we see passive-aggressive attacks. The Rust supporters, for example, typically don't resort to insults or name-calling, because their code of conduct supposedly forbids that. Instead, they launch silent, but far more harmful attacks involving censorship (comment downvoting and/or deletion). I sometimes get the impression that they'd even be willing to impart physical violence against their targets, were that a viable option.

    So I'd say that Linux, vi and EMACS aren't religions. They have their supporters, but these supporters are rarely fanatical.

    JavaScript and Rust supporters, on the other hand, have shown that they'll blow even totally minor situations out of control and they'll escalate with unjustifiable attacks that we wouldn't see out of Linux, vi and EMACS supporters. In fact, most Linux, vi and EMACS supporters would be disgusted with the idea of suppressing the ability of their opponents to express themselves openly.

    Rust and JavaScript come off more like religions to me because of that.

  54. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    I have not said that the Bible isn't "all stories", or that it isn't "cultural narratives". This is irrelevant to what I said: someone who is informed of a religion as part of the plot in a novel will most likely not have a genuine belief in it. A novel about how special agent Adam Lance is sent to steal a crystal skull from the temple of the Snake God is qualitatively different from a book professing the gospel of the Snake God as truth, and the former makes adopting religous belief inspired by the book appear less likely than the latter.

    Your post is otherwise a giant mess of unsourced, dubious descriptives and normative claims.

    As long as the law says that religious belief should lead to a certain treatment, then it becomes necessary to distinguish between what is religious belief and what isn't. You normatively assert that this should not be the case. Based on the actual judgement, it is the case.

  55. Re:A prisoner could just as easily read the works. by AthanasiusKircher · · Score: 4, Insightful

    Dude, don't use religion as a reason why you're bitter about life and your dad fucked in you in the ass like a nickel whore.

    This is exactly the sort of high-class, deep-thinking argumentation I love coming to Slashdot for.

    [In case you don't get this, that was sarcasm.]

    And in case you didn't notice this, I explicitly noted at the end that my post was meant to be satirical. In other words, I was making a joke to further an important point -- all religions tend to have some elements which can appear ridiculous to outsiders.

    I make no claims about whether these Bible stories are true or false -- only that a reasonable person could apply the judge's standard in this case to the opening pages of the Bible and conclude that it was meant to be a parody and/or political satire or commentary. (In fact, in cases like the story of Lot's daughters, it probably was intended to be something like political commentary or even satire to poke fun at the origins of neighboring tribes.) Thus, while I concur with the judge's ruling that I doubt this prisoner has a "serious" religion, the actual judgment standard is pretty arbitrary and doesn't hold up to the kind of deep logical scrutiny we usually demand of legal opinions.

  56. Re:A prisoner could just as easily read the works. by tburkhol · · Score: 1

    Yeah, the autist crowd just can't wrap their minds around the concept of "genuine".

    So the judge has set the precedent that one has to be a practitioner of a "genuine" religion to merit constitutional protections. Does this mean you also have to be a "genuine" practitioner? If you go to church every Sunday, but don't really believe in the immaculate conception, or don't really believe that that the priest turns wine into human blood during communion, are you really practicing Christianity? Somewhere, there's a Federal judge who's confident that he can tell True Believers, and he's ready to make sure that only True Believers receive State protection.

    I wonder how many televangelists will still qualify for tax-free status?

  57. Wait a minute by Chewbacon · · Score: 1

    Does this threaten my ordainment as a priest in the Church of Latter-Day Dudes? Complete religious freedom and limiting what is and what isn't is a slippery slope in either direction.

    --
    Chewbacon
    The Bible is like Wikipedia: written by a bunch of people and verifiable by questionable sources.
    1. Re:Wait a minute by Locke2005 · · Score: 1

      Dude!!!

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
  58. Nice by Anonymous Coward · · Score: 0

    Satirical religions not recognized, just farcical ones.

  59. Take that, stupid religion! by U2xhc2hkb3QgU3Vja3M · · Score: 1

    The Invisible Pink Unicorn is the only deity!

    1. Re:Take that, stupid religion! by Locke2005 · · Score: 1

      After the schism, many thousands of lives were lost fighting for Truth. The Pinks believed the Invisible Unicorn was actually pink, while the Whites believed the Invisible Unicorn was actually white. Can't we all just get along?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
  60. When what others are doing to you... by mark-t · · Score: 1

    ... because of what you claim you believe has more importance than what you are doing yourself to advocate what you say you believe, then either you don't really believe in that religion, or else that religion is not worth anyone believing in the first place.

    1. Re: When what others are doing to you... by Anonymous Coward · · Score: 0

      So the Christians that got ate by lions in the arena (what the Romans did to Christians) -- proves that the Christians weren't really religious?

    2. Re: When what others are doing to you... by mark-t · · Score: 1

      Actually, that they practiced their religion in spite of the possible consequences, which included death would suggest that that they *were* religious.

  61. Re:A prisoner could just as easily read the works. by Blue+Stone · · Score: 2

    Judges are not the pope; they're not infallible.

    [DISCLAIMER: this text is a work of satire and should not be misconstrued as a holy text upon which to base a religion.]

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  62. Rise up!! by Anonymous Coward · · Score: 0

    Pastafarians rise up and destroy the non believers!!!

    I declare jihad on all those who have long oppressed the true believers! We must overthrow the oppressors so we can live under Pastaria Law.

  63. So the State detdermines what is real by Anonymous Coward · · Score: 0

    I believe that the only religion the state will support is the worship of itself. Sure they will give token respect to Christianity and Judaism, but the real object of worship is the government. The government controls all aspects of our life everyday, all day. The God of Abraham only gets worshipped for two hours a day on the Sabboth. This judge has convinced me to put new faith and validity into worshipping the Great Spaghetti Monster. No longer is the church of the Spaghetti monster a fake religion. The judge has just given it validity. Just as the Romans were not able to quash Chrisianity with the threat of being eaten by lions, this judge will not be able to quash my love of the spagetti monster with his arbitrary and capricious legal code.

    I will no longer give my money to the state that feeds this judge who has determined what and who I can worship. Instead I will invest my money in spaghetti.

    1. Re:So the State detdermines what is real by Locke2005 · · Score: 1

      What part of the Establishment Clause are you not clear on?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
  64. Re:A prisoner could just as easily read the works. by AthanasiusKircher · · Score: 2

    A novel about how special agent Adam Lance is sent to steal a crystal skull from the temple of the Snake God is qualitatively different from a book professing the gospel of the Snake God as truth, and the former makes adopting religous belief inspired by the book appear less likely than the latter.

    And precisely how do you tell the difference? Because one book has the subtitle "A Novel" and the other has the subtitle "A Religious Text" on the front?

    Also, "truth" is problematic here. There are plenty of high-profile Christian and Jewish theologians who claim that many Bible stories were NEVER meant to be taken literally... and sometimes those stories are explicitly framed that way (e.g., New Testament parables) On the other hand, there are plenty of novels that present themselves in a tone as if they were "truth," sometimes even expressed in a first-person narration as if a diary of a real person. So, how exactly do you apply your standard that a religious text should be "professing the gospel.. as truth"?

    What it really comes down to is a distinction in what people *DO* with the text, not what the text *IS*. There are plenty of examples throughout history where texts have subsequently acquired meanings and associations that were never intended by the author... but culturally their meaning is now fundamentally connected with these new ideas.

    As long as the law says that religious belief should lead to a certain treatment, then it becomes necessary to distinguish between what is religious belief and what isn't.

    This is the problem -- "religion" should not have any special status under the law, at least not more so than any sincerely held belief. An example would be "conscientious objector" status in a number of countries, where pacifism could be due to religious beliefs or due to a more general philosophical objection (which is not necessarily religious in nature).

    (And yes, there is vagueness in sorting out whether something is a "sincerely held belief" too. But it's at least a somewhat more consistent -- if vague -- standard than granting special status to religions only, whether they are.)

    You normatively assert that this should not be the case. Based on the actual judgement, it is the case.

    You forgot to add: ...until that judgment is appealed and perhaps clarified (or even overturned). I highly suspect that even if this judgment is upheld by higher courts, the reasoning will be clarified.

  65. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    When the law gives protection to people based on religious belief, then the job of the judge is to decide who has religious belief.

    You seem from your comment to believe that the judge is determining that certain religious beliefs are genuine and other religious beliefs aren't genuine. You give this impression by asking, for example, whether someone who don't believe in the particular element of wine turning into the blood of Jesus would be recognised under the same terms.

    This is an erroneous belief. The judge isn't determining that certain religious beliefs are genuine and other religious beliefs aren't. The judge is determining that someone holds religious beliefs and someone else doesn't.

  66. Thank You by Anonymous Coward · · Score: 0

    Common sense wins. If a pastafarian denies his satire, he loses the intent of pastafarianism.

  67. Reasonable accomodation by Livius · · Score: 1

    The mistake was challenging the sincerity of belief, which by nature cannot be proven or disproven in terms of lawful evidence, rather than whether or not accommodating a certain belief is reasonable. People lose rights when they are put in prison - that's the whole point of a prison sentence.

    Accommodating any ridiculous whim of someone just because they shout the word 'religion' was a horrible mistake, and there needs to be some rational push back. But this decision didn't achieve that, and an appeal court is likely to make the situation worse rather than better.

    1. Re:Reasonable accomodation by AutodidactLabrat · · Score: 1

      So..no more bible study?
      No more Qu' ran study groups?
      By Constitutional law, ALL claims of religion are equal before the law
      The bad you must take with the alleged good.

    2. Re:Reasonable accomodation by Lodragandraoidh · · Score: 1

      ... People lose rights when they are put in prison - that's the whole point of a prison sentence.

      No - the point of imprisonment is not losing rights - it is primarily a means to reform the person so they can function in society again when their time is up, and some would see the time doing that as a just punishment for their crime.

      Otherwise, what you said made rational sense.

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
  68. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    The Flying Spaghetti Monster Gospel is plainly a work of satire, meant to entertain while making a pointed political statement

    This "plainly" here is difficult to judge.

    For autists, perhaps. FSM is obviously satire, and has been since its inception.

  69. Re: A prisoner could just as easily read the works by Anonymous Coward · · Score: 0

    That's why we have appellate courts.

  70. Re:A prisoner could just as easily read the works. by cronot · · Score: 2

    This "plainly" here is difficult to judge. How can we be sure any unbelievable religious text wasn't some sort of "pointed political statement" or "satire"?

    You're right, we can't be sure. The difference from this to the FSM cult, however (and what probably influenced the judge's ruling), is historical context - yes, we can't be sure the biblical accounts were derived as a political statement or satire, and what little historical context we have don't seem to point this way, so there's plenty of room for interpretation either by religious people or atheists.

    The historical context for the FSM cult, however, is well-known, as is known that it is a political statement and satire.

  71. BLASPHEMER!!! by Anonymous Coward · · Score: 0

    This heathen judge shall boil for all eternity in the stock pot of brackish water! Never will his sins be washed from his soul by the great colander of the Flying Spaghetti Monster. Never will he be touched by His noodly appendage. To hell with this judge and all others who impugn the Flying Spaghetti Monster, Pecorino Romano be upon Him.

  72. Re: A prisoner could just as easily read the work by Anonymous Coward · · Score: 1

    Apple courts? They'd go well with pork for sure

  73. Big Guy in the Sky Angry. by mxyztplk · · Score: 1

    Xenu love pasta. Judge enemy of the noodle. Judge bad.

  74. Why is Christianity a real religion? by walterbyrd · · Score: 1

    How completely silly does a religion have to be, before it's not real?

    Lemme see: talking snakes, talking donkeys, leviathans, dragons, unicorns, giants, witches, wizards, sticks that turn into snakes, bringing dead back to life, ascending into heaven, walking on water, entire world under water, earth only six thousand years old - what am I forgetting? And all with zero evidence.

    Sure all that is entirely sensible, you would be an idiot to think otherwise. But a flying spaghetti monster? come on now, don't be ridiculous.

  75. Needs to go to the Supreme Court by Locke2005 · · Score: 1

    Since the Book of Mormon was based on a work of fiction called "The Manuscript Story" by Solomon Spaulding, that means Mormonism isn't a real religion either, right? The Bible says the sun stopped in the sky for several hours... that's clearly fiction. Sounds like a "true Scotsman" argument to me... how to you tell a "reall" religion?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  76. a judge with common sense by hagnat · · Score: 1

    hard to find these days

    --
    "life is a joke, and someone is laughing at me"
  77. Re:A prisoner could just as easily read the works. by Dutch+Gun · · Score: 1

    It's not all stories. Don't forget the psalms (the least entertaining part of the Bible), plus some history, letters, and even some prophecies. The stories have a surprising amount of sex, violence, action, and intrigue, which I think is what makes them so memorable.

    I agree that one of the worst thing that happened to Christianity was that someone decided that many of those allegorical stories were meant to be interpreted as literal, factual events - except for the ones obviously told as parables, I suppose. I think Christianity does much better when viewed as a prescription for a way of life, in which its tenants are generally quite positive: be charitable, be kind to others as you'd like to be treated (golden rule), forgive those who have wronged you, etc. I just wish more Christians practiced the philosophy instead of adhering to the dogma.

    --
    Irony: Agile development has too much intertia to be abandoned now.
  78. Do you want suicide bombers? by Anonymous Coward · · Score: 0

    Because this is how you get suicide bombers.

  79. Do they still teach creationism is Texas? by walterbyrd · · Score: 1

    Almost as if the state is deciding which religion is the correct religion for you to worship.

  80. A foolish consistency is hobgoblin of small minds by Locke2005 · · Score: 1

    So, claiming membership in the Native American Church gives prisoners the right to take peyote, but claiming membership in the Church of the Flying Spaghetti Monster doesn't give one the right to get together once a week and talk about pasta?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  81. Great. Can we get all religions invalidated, now? by kheldan · · Score: 1

    Religion is the manifestation of a genetic flaw in humans that causes a cancerous cognitive disease of the human psyche and I'd just as soon that it be 'fixed' in the human genome so that no one falls prey to it ever again, and I'd also just as soon that all religions were legally declared 'not real' either as a starting step towards fixing the problem. It's a serious problem in humans that causes crimes against humanity, war, damage to the Earth's environment, and just trouble in general and it need to be cured.

    Of course that's an absolute fantasy. As things stand any attempt by anyone to 'fix' this on a global scale would at best cause the War That Ends The World, ironically bringing about the Apocalypse that so many of these 'religions' prophecize is supposed to happen. Sadly, humans will either eventually evolve out of the need for 'gods' and other irrational things of that sort, or they'll extinguish themselves over it. I'm hoping for the former.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  82. This has always been interesting. by Anonymous Coward · · Score: 0

    The courts ability to decide what a religion is or not has always been fascinating to me. Visit www.Speedingticketkc.com

  83. Re:A prisoner could just as easily read the works. by GodelEscherBlecch · · Score: 1

    You're not questioning Islam, you are making a claim that the questionable tenets of Islam are directly responsible for militant extremism. Nothing to do with the geopolitical history of the middle east, no of course not, it must be some words in a book that made those people behave that way. It is your failure to grasp this distinction that makes everybody (correctly) think you are a bigoted moron, not your questioning of scripture.

  84. Subgenius Anyon e? by Anonymous Coward · · Score: 0

    Maybe he should convert to a "real" religion, one with more history. Bob for President. Connie would look great ate the inauguration balls.

  85. Separation of Church and State/freedom of religion by Anonymous Coward · · Score: 0

    Sad that a government judge can be an authority on what religion is and is not. Does the constitution tell us what we can believe and be recognized as a religion? I do not claim to be of any particular religion but I am very offended by this ruling. In my understanding, the judge went beyond his authority. I would demand a higher court look at this. I dont think it is in the best interest of our country that a judge could have the authority to legitimize one reigion over another. Even and especially a prisoner cannot have his right to religon be removed, especially if it does not infringe on the rights and safety of others. The law cannot protect those that would take away an individuals right to peaceful belief and worship - it is a slippery slope to do so.

  86. Re:A prisoner could just as easily read the works. by astrojetsonjr · · Score: 2

    That dialog was just fabulous! +1 for comic genius on your part.

  87. Re:A prisoner could just as easily read the works. by perpenso · · Score: 2, Interesting

    ...of L. Ron Hubbard and claim it as his holy book. Oh. Wait.

    He never publicly admitted his book/faith was a satire, a joke, etc. He smiled and kept a straight face and said that its real. That's why the FSM didn't make the cut, they admit the farce, they did not take the farce far enough.

  88. the "real" religions by Anonymous Coward · · Score: 0

    The court determined what is a "real" religion. Thankfully we have brilliant judges like this in the world

  89. Re:A prisoner could just as easily read the works. by srmalloy · · Score: 1

    Ahh, Spaceship Ruthie. I miss the late-night broadcasts on the local cable system. She was always so ridiculously sincere...

  90. In other news: by NorthWay · · Score: 1

    The Church of the Flying Spaghetti Monster has held their first officially approved wedding in New Zealand.

    Obvious and plainly seems to have different interpretations depending on your location.
    I'll make a rare exception: Way to go New Zealand and Pastafarians!

  91. And this is WHY the establishment clause by AutodidactLabrat · · Score: 1

    For EXACTLY this reason Congress shall make no law RESPECTING an establishment.
    Government, by its nature, cannot tell one lie from another, and to give credence and legal power to one, while banning another, is an obvious violation of equal rights, freedom of speech and freedom of assembly
    Government can NOT give any rights based on belief without violating this Supreme Law of The Land.

  92. You win some you lose some by Anonymous Coward · · Score: 0

    Well at least in New Zealand the Department of Internal Affairs recognises that you can marry under the wedding

    http://www.stuff.co.nz/life-style/weddings/78999756/counting-down-to-worlds-first-legal-pastafarian-wedding

  93. Worship? by Anonymous Coward · · Score: 0

    No one worships the Flying Spaghetti Monster, you just bathe in his noodly appendages

  94. Belief vs. Practice by Kevin+by+the+Beach · · Score: 1

    I don't know the Judge who issued this ruling, but I would question his intent in this ruling. All case law that I could find of comparable value avoid (because of 1st and 14th amendment considerations any question of Belief) Actually the US Supreme Court has never issued a ruling about what constitutes a religion.

    There are numerous rulings about Practices centered around religion. Basically saying that you can Believe what you want, but Practices that would be otherwise illegal can be addressed in statute or judicially. Like defying a court order, or discrimination by practice because of your "firmly held beliefs". There is a couple hundred years of case law and constitutional interpretations that unequivocally support Belief (almost without condition) and at the same time a growing volume of decisions that skewer Practices in deference to that same 14th amendment. You've got to love "equal protection under the law"

    Fascinating reading on the Subject, (it's a rainy day here at the beach)

  95. Re:A prisoner could just as easily read the works. by fahrbot-bot · · Score: 2

    I make no claims about whether these Bible stories are true or false ...

    Probably false - or at least unsubstantiated. I just checked my copy and there's no copyright, no original publishing date, no references. They mention this person "God" a LOT -- seriously, so much that you'd think he/she wrote the thing -- but there's no history on this person or that he/she even exists. There have even been Lawsuits against God, but they are usually dismissed because the defendant doesn't appear and/or "because God could not be properly notified, not having an address." At the same time - or "simultaneously", as another /.er prefers - a judge noted "God's omniscience ... Since God knows everything, God has notice of this lawsuit." But he/she *still* won't show up for court. Seems really sketchy to me.

    --
    It must have been something you assimilated. . . .
  96. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0
    Ask a priest abused survivor if he thinks catholicism is "fake". It's absolutely not fake, it's fucking real.

    Maybe that should be the standard by which to define a religion: a belief system with the potential of /ruining/ lives.

  97. Because people really believe it by aepervius · · Score: 1

    I am sorry to tell the obvious but among the "lower" level of dianetic or whatever it is called, they are trully believer. But at no level whatsoever people believe the FSM which is supposed to be an ironic point, not a religion. If people trully believed in the FSM it would be different. But they aren't and that is the point.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  98. Re:A prisoner could just as easily read the works. by tomxor · · Score: 1

    Thus, while I concur with the judge's ruling that I doubt this prisoner has a "serious" religion, the actual judgment standard is pretty arbitrary and doesn't hold up to the kind of deep logical scrutiny we usually demand of legal opinions.

    Arbitrary is the first word that came to mind when i read the summary, and I think your paragraph here nicely sums it up. Sometimes the method is more important than the result, this is a judge after all... also i enjoyed your satire of the big book of satire :P

  99. Best Part... by Etherwalk · · Score: 1

    The Deuteronomic requirement to stone to death anyone wearing cotton/polyester clothing, for example?

    Actually a somewhat thoughtful opinion, despite the fact that religion is absurd as a concept.

    https://arstechnica.com/wp-con...

  100. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    >Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

    Oops...

    Don't tell us what we can believe; is this judge now going to tell the Christians that their bronze-age myths don't count? Can't wait...

  101. Oh the irony...and hypocrisy by Lodragandraoidh · · Score: 1

    It both saddens and amuses me that the very judgement handed down by this court could be equally applied to ALL religions. Is something not real because you don't believe in it? Conversely, is something real just because you believe in it? NO to both questions.

    If we as a society are going to put limits on religion in these kinds of contexts - then they need to be applied equally to all religions in that environment.

    The reason the framers of the Constitution made separation of church and state a key component is clearly illustrated here. We can not allow government bodies to give preferential treatment based on identification with 'acceptable' religions, at the expense of any other way of life. The tyranny of religious bigotry is no less dangerous than any tyranny that threatens freedom to choose.

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  102. And another thing... by Lodragandraoidh · · Score: 1

    If people would focus on their own life and actions, and treated everyone else with respect and tolerance rather than trying to insert their beliefs into someone else's life - maybe the rest of us who just want to be left to pursue happiness in our own way, wouldn't have to waste time calling BS every other day of the week.

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  103. Religion: nonsense the gvt must not favor by Anonymous Coward · · Score: 1

    For some, Christianity is plainly the work of God. For many others, the bible, the Koran, etc. and everything they say about the supernatural are all plainly -- VERY plainly -- works of fiction.

    None of which gives any government actor, of any kind, at any level, authorization to say jack shit about it, validation-wise. Period. Doesn't matter what the religion is about, doesn't matter what anyone's opinion of it is, doesn't matter if it's true or not true, doesn't matter how new or old it is, none of it matters. If a belief system formally construes itself as a religion, the US government is specifically forbidden from showing favor or disfavor of one vs another. This judge just ranked Christianity and Scientology and Mormonism above Pastafarianism. He is 100%, absolutely wrong, and furthermore, he is in violation of his oath of office, and should be summarily removed.

    --fyngyrz
    anon due to mod points

  104. Re:Courts are now in the business of judging the q by Anonymous Coward · · Score: 0

    I'm pretty sure there *are* people doing 'self destructive' things, but merely because other people react in ways which are destructive to them rather than with the intent to be self destructive. Though one can foresee that and still choose to do it for political reasons or belief.

  105. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 1

    This "plainly" here is difficult to judge. How can we be sure any unbelievable religious text wasn't some sort of "pointed political statement" or "satire"?

    If judging was easy, anyone could be a judge. It's difficult, so we have specialists who are qualified to do it. That's what this judge did. He judged.

    Thinking is hard. Not just anyone can do it. This is why we have power elite, to do our thinking for us and tell us how to live.

  106. No religion is "real" by Anonymous Coward · · Score: 0

    They were all invented by mortal humans for one purpose or other mostly to exert control over others. Scientology's creator famously said "I'd like to start a religion. That's where the money is!"

    Or Joe's golden plates conveniently carried away by angels.

    All of the worlds major religions were started by goat herders from antiquity spewing unintelligible crap very much in keeping with the warped sensibilities of the time.

    If you are able to show one who claims to be a Pastafarian is in fact a nonbeliever in disguise to weasel out of something by for example catching them on tape admitting it this would be different story. Simply asserting a religion invalid because you personally judge it to be ridiculous is tyrannical nonsense.

  107. Then none of the others are real religions. by Anonymous Coward · · Score: 0

    Just because someone SAYS they believe something doesn't mean it's what they really believe. And how many people obey ALL the requirements of their *espoused* religion? Fuck all.

    Therefore all religions are not real religions.

  108. Re:A prisoner could just as easily read the works. by KGIII · · Score: 1

    You look a little silly with that hook dangling out of your mouth and piercing your lip. ;-) Otherwise, good show ol' chap, jolly good show.

    --
    "So long and thanks for all the fish."
  109. Vi by Qbertino · · Score: 2

    Vi is a modal editor. It has two modes: "Beep repeatedly" and "Break everything".

    --
    We suffer more in our imagination than in reality. - Seneca
    1. Re:Vi by Anonymous Coward · · Score: 0

      I'm very familiar with the beep constantly function, though sometimes random pieces of text do sneak past, but how do you invoke the break everything functionality? :xbreak!everything;wtfbbq?

    2. Re: Vi by Anonymous Coward · · Score: 0

      Just press a couple numbers, and then do whatever it is you wanted to do. Or better yet, accidentally make a macro, or enter edlin mode.

  110. Re:A prisoner could just as easily read the works. by KGIII · · Score: 1

    It's not precedent. This is not the first time. People have used the guise of religion for all sorts of things. There are officially recognized religions. This is not one of them. This is hardly precedent - I was hearing similar stories when I was a wee lad. I imagine that they go back even further.

    --
    "So long and thanks for all the fish."
  111. No true Scotsman... by BozoForPresident · · Score: 1

    But saying 'Your honour' to some crossdressing psychopath in a black dress waiving about a little wooden hammer - now that's some proper fuckin' religiion...

  112. $5 million or privileges? Really? by walterbyrd · · Score: 1

    Am I to understand that every prisoner who claims a "real" religion gets $5 million or privileges?

    > $5 million or privileges to order and wear religious clothing and pendants, nor meet for weekly worship services and classes and receive communion

    Do pastafarians typically spend that sort of money on their clothing and pendants?

    Why not just require that prisoners (or their loved ones) pay for their own clothing, or pendants?

    In fact, why not just decide that, while you are in prison, you were prison clothes, and no religious clothes or pendants? Don't like it? Should have thought of that before you committed your crime, you brought it on yourself.

    If prisons really pay $5 million per religious, it would sure save taxpayers a lot of money.

  113. Re:A prisoner could just as easily read the works. by Oligonicella · · Score: 2

    He's a specialist in LAW, not history, philosophy, psychology or religion.

  114. So, was the judge religious? by Anonymous Coward · · Score: 0

    Given most religions deny that other religions are real, I think then that he should excuse himself, and a non-religious judge would have to be found.

  115. Gotta have faith, faith, faith by Anonymous Coward · · Score: 0

    I have more faith in the power of satire than in religion.

  116. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    In New Zealand, a Pastafarian wedding has been recognized as valid:
    http://www.bbc.com/news/world-asia-36062126

  117. Because real religious abuse children? by dsmatthews9379 · · Score: 1

    Their bodies and their minds.

  118. Re:A prisoner could just as easily read the works. by quonsar · · Score: 1

    tenants: occupants, lessees
    tenets: principles or beliefs

  119. Re:A prisoner could just as easily read the works. by vlb · · Score: 1

    Exactly.

  120. Re: A prisoner could just as easily read the works by Anonymous Coward · · Score: 0

    Because any civil ceremony is valid. Fuck we let two dudes marry each other now. A mom is marrying her biological son in England. No religion would allow that.

  121. Re:A prisoner could just as easily read the works. by Morgon · · Score: 1

    Aaaand thanks for the sig.

    --
    [DISCLAIMER: This post is a work of satire and should not be misconstrued as a holy text upon which to base a religion.]
  122. Re:Courts are now in the business of judging the q by Anonymous Coward · · Score: 0

    Until the devotees of pastafarianism start doing crazy self destructive things in the name of the religion, it's a pretty safe bet that they don't take the faith all that seriously.

    But... isn't the point of Pastafarianism to poke fun at the stupidity of magical-thinking-based religions? They keep this up, one of these days, people are going to start actually taking it seriously, like what happened with Scientology. Or at least, I think that's what happened with them. It's all a little murky for some reason.

  123. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    ALL Religions are IN FACT made up in the mind of Humans and thus are COMPLETE and UTTER BULLSHIT.
    That said... this will go straight to the Supremes and he'll be wearing FSM tees in no time.

  124. Appeal in 3...2...1... by Anonymous Coward · · Score: 0

    I mean, c'mon -- the judiciary in general isn't going to touch anything that starts (de)legitimizing some religions and not others.

  125. FSM IS Real by johnwerneken · · Score: 0

    It's as real as those blasphemous jokes Christianity, Islam, and Judaism.

  126. Re:A prisoner could just as easily read the works. by myowntrueself · · Score: 1

    Why stop at scientology ?

    Bible ? Coran ? Tora ? Any other ?

    Thank you, judge, for stating that all religions are fake.

    Arguably they are not works or satire.

    FSM definitely is a work of satire. Deliberately so.

    --
    In the free world the media isn't government run; the government is media run.
  127. By this definition... by Kazoo+the+Clown · · Score: 1

    So how does he know the Bible isn't a work of satire?

  128. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    Tell me more about these "nickel whores"...s

  129. Re:A prisoner could just as easily read the works. by TsuruchiBrian · · Score: 3, Informative

    The FSM certainly contains satire, but it also contains genuine beliefs that are not satire, one of which is the belief that satire is a good tool for their goal of "belief equality" (e.g. that certain religious beliefs should not have special privileges).

  130. Re:A prisoner could just as easily read the works. by TsuruchiBrian · · Score: 2

    And not anyone can be a judge. You need to be qualified to raise enough money to win the judge election in your area.

  131. Re:A prisoner could just as easily read the works. by myowntrueself · · Score: 1

    The FSM certainly contains satire, but it also contains genuine beliefs that are not satire, one of which is the belief that satire is a good tool for their goal of "belief equality" (e.g. that certain religious beliefs should not have special privileges).

    Its arguable whether this individual even believes this.

    --
    In the free world the media isn't government run; the government is media run.
  132. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    In the United States anybody can be a judge, there are no qualifications. There may be certain requirements at state level, but none exist for the federal judiciary, including age. Although federal judges tend to be licensed lawyers, there is nothing in the U.S. Constitution, federal statute, or judicial rules requiring such. In fact, judges don't even need any litigation experience.

  133. Re:A prisoner could just as easily read the works. by TsuruchiBrian · · Score: 1

    It is indeed. But even if the individual does not actually believe in any of this, we should have the same standard for everyone. If we are going to doubt this person's belief, we should also doubt the beliefs of self professed christians, jews, muslims, buddhists, hindus, etc. Maybe they should have to pass a religious test supplied by their church in order to claim membership.

  134. I wonder who witnessed for FSM? by Anonymous Coward · · Score: 0

    All it should take is for someone under oath to say they believe. That should be enough. No digging no investigation. The problem is that most so-called FSM adherents are in fact atheists who, if they are logical, could not under oath claim they believe in FSM. If they claimed under oath to believe they would be anathema to FSM adherents.

    Thought I'd throw a little religion in there.

    1. Re:I wonder who witnessed for FSM? by Anonymous Coward · · Score: 0

      Under oath? Oath to what? FSM believer must swear over, say, the American Standard Christian Bible? Just what oath over which holy book to what deity has been Established under the First Amendment as the legitimate, binding vehicle (over all others) for swearing the truth, and why would an adherent to the Flying Spaghetti Monster or any other religion or denomination feel obligated by it? Viz: I swear by $deity_1, so help me $deity_1, that I absolutely believe in $deity_2, because $deity_1 has been sanctified by this court and therefore by $deity_1 I swear I actually believe completely in $deity_2, and I pray by $deity_2 (as $deity_1 is my witness) that I may someday in this court swear by $deity_2 my faith in $deity_2 instead of $deity_1 because I don't really believe in $deity_1, I like $deity_2.
      Does this make any sense at all?

  135. I love garlic bread! by Anonymous Coward · · Score: 0

    It's true, I love garlic bread and spaghetti is just an excuse to make some! It kinda is a monster.

  136. Sorry but the judge is right by Anonymous Coward · · Score: 0

    From the ACLU

    What qualifies as a “sincerely held belief”?

    In addition to proving that something is a religion, you must also convince prison administrators or a court that your beliefs are sincerely held. In other words, you must really believe it. In deciding whether a belief is sincere, courts sometimes look to how long a person has believed something and how consistently he or she has followed those beliefs. See Sourbeer v. Robinson, 791 F.2d 1094, 1102 (3d Cir. 1986) (upholding a finding of insincerity where prisoner only went to religious service 5 times in one year and did not designate a spiritual adviser to visit him); Vaughn v. Garrison, 534 F. Supp. 90, 92 (E.D.N.C. 1981) (upholding a prison’s requirement that an inmate request a pork free diet before qualifying him as a member of the Islamic faith and allowing him to order a Muslim prayer rug). Just because you have not believed something your entire life, or because you have violated your beliefs in the past, does not automatically mean that a court will find that you are insincere.

    From the Church or the New Song court appeal (620 F.2d 648):
    "Olaintiffs object to the district court's dismissal of their First Amendment suit, arguing that the court impermissibly relied on the doctrine of res judicata. We find the dismissal proper and affirm the judgment below."
    (http://openjurist.org/620/f2d/648/church-v-establishment)

    There is a lot more caselaw involved in the prisoners right movement and the invention of new religion in prisons. The courts have traditionally been very tough on unrecognized religions from prisoners.

  137. Re:A prisoner could just as easily read the works. by Cederic · · Score: 2, Insightful

    I'm just going to have to write the Ravioli Testament in which the FSM makes it very clear that followers of his religion must at no point actually believe he exists.

    I'll close it with the admonishment that satire is the only true representation of pastafarian belief.

    At this point the judge will have to acknowledge that the prisoner's beliefs are fully aligned to the holy texts and that they are a true follower of the religion.

    Or maybe they could stop giving wankers privileges based on arbitrary statements of illogical belief.

  138. A ruling on belief not on FSM by Anonymous Coward · · Score: 0

    There are two issues here:
    1. Whether the FSM is a real religion.
    2. Whether the prisoner believes in the FSM

    Note that these question are independent. For example a prisoner can pretend to believe in Judaism (assuming ad argumentem that God exists) to get a special meal or a prisoner can actually believe that they have a big friend in the sky.

    The court does not need to rule on whether the FSM religion is real. It can simply rule that the prisoner does not actually believe in it. Ruling that a prisoner does not hold "sincerely held beliefs" but is trying to get special treatment is *very* common.

    E.g., Cutter v. Wilkinson, 544 US 709, 733, n. 13 (2005) states:

    "Further, prison officials may appropriately question whether a prisoner's religiosity, asserted as the basis for a requested accommodation, is authentic. Although RLUIPA bars inquiry into whether a particular belief or practice is "central" to a prisoner's religion, the Act does not preclude inquiry into the sincerity of a prisoner's professed religiosity."

    Prisons are different that most other cases and this will be upheld.

  139. Maybe he can switch to Jediism? by burhop · · Score: 1

    Sarcasm is not a required tenant and true believers are plentiful ( http://www.jedichurch.org/ )

  140. Re: A prisoner could just as easily read the works by Anonymous Coward · · Score: 0

    Actually fundamentalism is just over 100 years old, not 200. It began as a response to modernity, derived from a series of meetings at Niagara on the lake and was formalized by the publishing of "The Fundamentals: A Testimony To The Truth" in 1910.

  141. Re:A prisoner could just as easily read the works. by Insanity+Defense · · Score: 1

    of a mass murderer, multiple rapist, paedophile (who married a nine year old girl when he was fifty four) called MUHAMMAD too...

    If she was 9 when she married then she was 2 when she converted to Islam and by her eloquence at the time also converted her parents. The date for these if a matter of history. The younger age (by 6 years) is one that woman claimed as an old lady. If she was 8 when she converted herself and by her eloquence her parents as well then she was 15 when she married. Which is more likely an eloquent 2 year old changing religions and converting her parents as well or an 8 year old?

    Myself I'm agnostic, I just get annoyed with various lies like this one being told. Just like the "Lady Hope and Darwin" bullshit story. Use the truth or make yourself and your religion look like so many fallen evangelists who could not use truth (Ted Haggard and so on).

  142. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    Anyone can be a judge though. Some are simply elected positions other are appointments, no legal professional degrees required.

  143. Real religion requirement by Xylene2301 · · Score: 1

    I agree with the judge; To be a REAL religion, the Western kind that counts, people need to KILL and DIE for it. We have not seen that from these so-called Pastafarians, so OBVIOUSLY they're just fooling around. ...and no, ptomaine poisoning from bad pasta doesn't count.

    1. Re:Real religion requirement by Anonymous Coward · · Score: 0

      Give it some time.

  144. Re:A prisoner could just as easily read the works. by eric_harris_76 · · Score: 1

    Sure, now.

    But check back in 70 years, or 5 millennia, and see if it still is.

    If those cryptic little ads in the back of old magazines are right, Jesus was made up, too. http://duckduckgo.com/?q=josep...

    --
    There's no time like the present. Well, the past used to be.
  145. Re:A prisoner could just as easily read the works. by doccus · · Score: 1

    Here's a parallel ... Is ""that man" (Jesus) is being boiled in hell in hiis own feces" satire, or a real belief? If pressed to defend the indefensible, an orthodox Jew would insist it's "plainly just satire".. but the rest of us who read it from the most holy book in judaism after the Torah, would say they're dead serious...

  146. Re:A prisoner could just as easily read the works. by Ol+Olsoc · · Score: 1

    Why stop at scientology ?

    Bible ? Coran ? Tora ? Any other ?

    Thank you, judge, for stating that all religions are fake.

    Mormonism. Why on earth a church invented by a con man as a con game should be a church is beyond me. The only reason I accepted them was that I accepted the idea that a person's beliefs are what they believe, not a government or judicial test. A judge has just made a judicial test a requirement to be classified as a religion.

    This changes everything. I declare that mormonism is not and will never be a religion.

    I am as non religious a person as exists. I do however understand that there are people who are. They really need to appeal and get this judgement reversed. A religious person doesn't want ot see where this one ends up.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  147. Re:A prisoner could just as easily read the works. by Ol+Olsoc · · Score: 1

    Why stop at scientology ?

    Bible ? Coran ? Tora ? Any other ?

    Thank you, judge, for stating that all religions are fake.

    Arguably they are not works or satire.

    FSM definitely is a work of satire. Deliberately so.

    However, how dare you claim that even satire is not allowed to be believed in?

    Altogether too many people of the Christian faith believe that God is some sort of serious ill humored bastard, just wating to send people to hell if they waver. Kinda like a male god version of overly attached girlfriend that tortures you forever and ever if you don't do as she demands. And the Calvinism runs strongly in them and even non christian Americans.

    Such a group of people would probably hate a deity like Ganesha, who is all about celebration to attempt to put it into one word. If I was into a religion thing, Ganesha would be da shitz. You deny that a person who believes in Ganesha should be considered as practicing a religion?

    Even more than the issue of the Pastafarians being a group that utilizes satire, it remains undeniably true that this is a successful religous test made by the judicial system. Mormons and Moonies and other religions really should take notice, and oppose this ruling.

    May his noodly appendage toch you and bring you to the truth.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  148. Re:A prisoner could just as easily read the works. by Ol+Olsoc · · Score: 1

    The FSM certainly contains satire, but it also contains genuine beliefs that are not satire, one of which is the belief that satire is a good tool for their goal of "belief equality" (e.g. that certain religious beliefs should not have special privileges).

    Its arguable whether this individual even believes this.

    Of course. Anything is arguable. I'd argue that Mormonism isn't a religion because it was started by a con man, and it's premises are ridiculous. I'd argue that the Church of scientology is about making money. Id argue that th eCatholic Churceh is a safe haven for peophiles.

    But aside from the necessary prosecution of pedophiles, there are people who believe in each of these churches.

    One of the mysteries of the universe is that anti-religious people such as myself tend to support freedom of religion much more than religious people do.

    Then again, I might just understand why religion causes people to try to eliminate other religions. But everyone has the right to their own beliefs as long as they aren't slicing off women's private bits or flying airplanes into buildings. Then I get mad, just like Mr Bigglesworth.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  149. A work of satire by Gob+Gob · · Score: 1

    ....is plainly a work of satire, meant to entertain while making a pointed political statement," and thus not a "real" religion.

    ....can someone explain why this is not the case for all religions? They were created along time ago and the people did not share their motivations only books

  150. Re:A prisoner could just as easily read the works. by St.Creed · · Score: 1

    Brilliant!

    --
    Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
  151. Re:A prisoner could just as easily read the works. by ChrisMaple · · Score: 3, Insightful

    The historical context of Mormonism, "Christian Science", and Scientology are well known and documented in detail. If well known fraud and idiocy aren't sufficient to deny them legal status, Pastafarianism ought to be on firm ground.

    --
    Contribute to civilization: ari.aynrand.org/donate
  152. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  153. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  154. Re:A prisoner could just as easily read the works. by careysub · · Score: 1

    The judge uses as an example to read a work of fiction, see a religion described as part of the plot and claim belief in it. The judge hence inherently presumes, and rightfully so, that someone who is informed of a religion as part of the plot in a novel will most likely not have a genuine belief in it.

    And yet Evangelical Christians frequently hold that reading Christian fiction can inspire genuine belief.

    I guess they must be mistaken. Someone should tell them.

    --
    Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
  155. Actual Ruling by Anonymous Coward · · Score: 0

    The guy doesn't deserve 5 million because not only is the "religion" a satire, but he was never blocked form practicing it. he can do whatever he needs to on his time in his cell or whatever. There is no reason to give him a shitload of money for being dumb.

  156. Re:A prisoner could just as easily read the works. by myowntrueself · · Score: 1

    Then again, I might just understand why religion causes people to try to eliminate other religions. But everyone has the right to their own beliefs as long as they aren't slicing off women's private bits or flying airplanes into buildings. Then I get mad, just like Mr Bigglesworth.

    But I don't think this specific case really is about someone elses religion; it seems this guy really doesn't believe and really is just using the 'religion' as a tool.

    --
    In the free world the media isn't government run; the government is media run.
  157. Re:A prisoner could just as easily read the works. by myowntrueself · · Score: 1

    Why stop at scientology ?

    Bible ? Coran ? Tora ? Any other ?

    Thank you, judge, for stating that all religions are fake.

    Arguably they are not works or satire.

    FSM definitely is a work of satire. Deliberately so.

    However, how dare you claim that even satire is not allowed to be believed in?

    Yes because its being used as a dialectic device, not as an article of faith.

    Its just like a debating club trick.

    --
    In the free world the media isn't government run; the government is media run.
  158. Re:A prisoner could just as easily read the works. by myowntrueself · · Score: 1

    It is indeed. But even if the individual does not actually believe in any of this, we should have the same standard for everyone. If we are going to doubt this person's belief, we should also doubt the beliefs of self professed christians, jews, muslims, buddhists, hindus, etc. Maybe they should have to pass a religious test supplied by their church in order to claim membership.

    Thats a very cool idea.

    --
    In the free world the media isn't government run; the government is media run.
  159. Re:A prisoner could just as easily read the works. by Ol+Olsoc · · Score: 1

    Then again, I might just understand why religion causes people to try to eliminate other religions. But everyone has the right to their own beliefs as long as they aren't slicing off women's private bits or flying airplanes into buildings. Then I get mad, just like Mr Bigglesworth.

    But I don't think this specific case really is about someone elses religion; it seems this guy really doesn't believe and really is just using the 'religion' as a tool.

    And isn't that the trap of religion? It's been used as a tool by many who are using it to make a lot of money, control, or other things.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  160. Re:A prisoner could just as easily read the works. by myowntrueself · · Score: 1

    Then again, I might just understand why religion causes people to try to eliminate other religions. But everyone has the right to their own beliefs as long as they aren't slicing off women's private bits or flying airplanes into buildings. Then I get mad, just like Mr Bigglesworth.

    But I don't think this specific case really is about someone elses religion; it seems this guy really doesn't believe and really is just using the 'religion' as a tool.

    And isn't that the trap of religion? It's been used as a tool by many who are using it to make a lot of money, control, or other things.

    I think when its as open as this, it needs to be called out.

    --
    In the free world the media isn't government run; the government is media run.
  161. con-man by NewYork · · Score: 1

    Religions are ~2000 years old;
    But Humans are ~200,000 years old;
    https://en.wikipedia.org/wiki/Timeline_of_ancient_history
    Religion was born when first con-man met the first fool;
    https://en.wikipedia.org/wiki/Flat_earth

  162. Re:A prisoner could just as easily read the works. by crbowman · · Score: 2

    Please, judging is not difficult. The idea that you need to be some expert to do it is both dangerous and ridiculous. To the extent that it is true it is a *failure* of judges and the legal system. A (not the, but a) primary goal of any system of laws ought to be the simplicity and understandability of laws by everyone as everyone is, or should be, governed by them and ought to be able to apply them. The idea that we can't all understand the law is absurd and leads to the idea that you then need to be some sort lawyer just to live.

  163. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    They can't do that, they would lose most of their members. Or the test would be really easy, so that anyone could pass (Q1. Do you believe in Jesus - A1. Yes/No, Q2. Did you lie answering the previous question? - A2. Yes/No).

  164. Re:A prisoner could just as easily read the works. by crbowman · · Score: 1

    The relevant questions isn't where did the FSM come from. The key question is: does the person who claims it's a religion honestly and truly believe it's a religion? Otherwise we're merely saying that something has to be old enough that we've either forgotten it's origins or enough people believe it. In this case the judge is substituting his belief for that of someone else and when it comes to religion that's a slippery slope. The power to judge what is a religion is the power to eliminate religions and I don't think we want that. For instance, were I a judge I remark that they all appear to be satire to me and thus there are no religions. Would scientology not be a religion cause it's not old enough? How about mormonism? Islam? Christianity? Judaism.

  165. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 1

    Wait a second... there are places where judges are elected? How on Earth can one have have fair and impartial justice under such circumstances?

  166. Re:A prisoner could just as easily read the works. by tehcyder · · Score: 1

    Please, judging is not difficult. The idea that you need to be some expert to do it is both dangerous and ridiculous. To the extent that it is true it is a *failure* of judges and the legal system. A (not the, but a) primary goal of any system of laws ought to be the simplicity and understandability of laws by everyone as everyone is, or should be, governed by them and ought to be able to apply them. The idea that we can't all understand the law is absurd and leads to the idea that you then need to be some sort lawyer just to live.

    It's an inevitable result of the common law legal system as opposed to the more codified European systems. You can't just turn to page 6942 of the Bumper Book of Laws and find your answer written down for you.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  167. Re:A prisoner could just as easily read the works. by rhazz · · Score: 1

    The historical context for the Scientology cult is also well-known, and it is known that it is a organization dedicated to extracting money from vulnerable people. Yet in many locations it is considered a valid religion.

  168. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    This is a US District Judge, they're not elected

  169. Re:A prisoner could just as easily read the works. by Talderas · · Score: 1

    For instance, were I a judge I remark that they all appear to be satire to me and thus there are no religions. Would scientology not be a religion cause it's not old enough? How about mormonism? Islam? Christianity? Judaism.

    The church of FSM is criticizing and claiming religions are stupid as satire. I don't think you can say the same of most other religions so what stupidity are they criticizing to qualify their existence as satire?

    --
    "Lack of speed can be overcome. In the worst case by patience." --Znork
  170. Re:A prisoner could just as easily read the works. by zentigger · · Score: 1

    One of the mysteries of the universe is that anti-religious people such as myself tend to support freedom of religion much more than religious people do.

    The answers to that question can probably be found here: http://www.ncbi.nlm.nih.gov/pu...

    TL;DR: "Religious people" are to too stupid to understand a different viewpoint.

    --

    the above is my personal opinion and does not necessarily reflect that of the little voices in my head

  171. Give it time... by Anonymous Coward · · Score: 0

    What's the difference between a cult and a religion?

    100 years.

  172. Nebraska is not a real state by WillAffleckUW · · Score: 1

    So that's fine by me.

    Two can play at this game.

    --
    -- Tigger warning: This post may contain tiggers! --
  173. Re:A prisoner could just as easily read the works. by TechnoJoe · · Score: 0

    There's a hidden message in the genealogies of genesis. If you take the root meaning of each of the names, here's what it says:

    • Adam - Man
    • Seth - Appointed
    • Enosh - Mortal
    • Kenan - Sorrow;
    • Mahalalel - The Blessed God
    • Jared - Shall come down
    • Enoch - Teaching
    • Methuselah - His death shall bring
    • Lamech - The Despairing
    • Noah - Rest, or comfort.

    You're going to have a hard time convincing me that bunch of Hebrew scribes made all that up.

    Source: https://evidencetobelieve.net/design-in-genesis-5/

  174. Re:A prisoner could just as easily read the works. by Quirkz · · Score: 1

    The judge hence inherently presumes, and rightfully so, that someone who is informed of a religion as part of the plot in a novel will most likely not have a genuine belief in it.

    I know someone who says in his childhood his religion was based entirely on the precepts given in Ultima IV. Admittedly that's interactive fiction rather than a novel, and the game likes to pretend you, the player, are the Avatar, but it's not far removed. Probably a very rare exception.

  175. Re:A prisoner could just as easily read the works. by Ol+Olsoc · · Score: 1

    The answers to that question can probably be found here: http://www.ncbi.nlm.nih.gov/pu...

    That pretty much sums it up.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  176. Poe's Law by shani · · Score: 1

    This is Poe's Law, right?

    http://rationalwiki.org/wiki/P...

  177. Re:A prisoner could just as easily read the works. by Gussington · · Score: 1

    But no-one would pass and the whole charade would be exposed.

  178. That's fair by wardrich86 · · Score: 1

    So I assume the judge will go after Scientology next? Can't wait to see that!

  179. Re:Courts are now in the business of judging the q by Anonymous Coward · · Score: 0

    Unless you're willing to kill a lot of people for it, you plainly don't really believe it. There needs to be genocidal food fights, people walking into courtrooms with meatballs strapped to their chests, death threats for anyone who follows the holy recipe. Then we'll be taken seriously. The martyrs will be rewarded in heaven with 72 L of extra virgin olive oil.

  180. Re:A prisoner could just as easily read the works. by Anonymous Coward · · Score: 0

    While they may not be satire, they are still fiction.

    I guess the difference is that the "Pastafarian Church" is not officially recognized as a 503(c) tax exempt entity. Maybe if someone does register this "church" in the same way that John Oliver did on Last Week Tonight, they would likely have no choice other than to overturn that ruling.

    Not that I would necessarily advocate it because the whole idea of religion doesn't sit well with me.

  181. "Freedom of Religion" is a right. Yet... by martinfb · · Score: 1

    Is 'freedom of religion' NOT for inmates? Islamist are allowed to pray in prison (most prisons). Now, I get the apparent tongue-in-cheekyness of Pastafarianism being judged as not a real religion, yet what about those other religions that have, of the times being exposed and having invalid doctrine, like the Catholic religion scorning Galileo for putting the Sun at the center of the (universe). Today, we realize the errors of that. And there have been many other errors uncovered, not to mention the unsubstantiated other parts of many religions. It sure seems to me that theosophist - with a pension for the absolutr real truth - need to bring ancient religions into this technological age. And they need to start by de-mystifying things like 'miracles'. And, they need to include scientific fact, and the weirdness of quantum physics. Meanwhile, they also need to start paying TAXES!!!

    --


    Self-importance and self-indulgence is the root of ALL evil.