Judy, thanks for the correction; I did a quick search and didn't think to check and see if this was a separate opinion. I assumed (and apparently, incorrectly) that this was from the Court's actual ruling.
Some judges do write with great clarity and those that do, not infrequently, with great wit and charm. The opinion I quoted is, I feel, an accurate and cogent evaluation of the combined TM/SCI position vis-a-vis religion. One of the great stories from that case that I heard about was about Jerry Jarvis being cross-examined about the puja and its meaning from plaintiff's attorney. The lawyer was attempting to get Jerry to admit that he (and all TM teachers) literally believed everything that was in the puja -- all the divine stuff -- and therefore, obviously, TM was a religion. Jerry repeatedly denied the literalism of the puja and finally deadpanned that he did not *really* believe that Guru Dev had lotus feet. ** --- In FairfieldLife@yahoogroups.com, "authfriend" <[EMAIL PROTECTED]> wrote: > > --- In FairfieldLife@yahoogroups.com, "Marek Reavis" > <reavismarek@> wrote: > <snip> > > The ruling in Malnak v. Yogi (592 F.2d 197 (1977)) was from the > > Third District Federal Court and consequently only binding > > precedent in the Third District, and only *persuasive* authority > > (but not binding) in lower state courts within the Third District > > and therefore of only limited persuasive authority (if that) > > anywhere else. > > Ah, a fellow Malnak fan... > > These quotations are not from the actual ruling > of the Third Court of Appeals but from a concurring > opinion submitted by one of the judges (Adams). > > It's long and quite thoughtful, and something of an > education in and of itself in freedom-of/from-religion > issues and how the First Amendment is interpreted in > specific cases (at least it was for me). It's pretty > clearly written and not all that technical. I found > it fascinating. > To subscribe, send a message to: [EMAIL PROTECTED] Or go to: http://groups.yahoo.com/group/FairfieldLife/ and click 'Join This Group!' Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/FairfieldLife/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/