[FairfieldLife] Re: Is TM a New Religion? The Federal District Court

[dhamiltony...@yahoo.com [FairfieldLife]]

 

 Religion..
 Searching the FFL archive for, 'Federal District Court'..
 
 turns up these link:
 

 


 Here are links to a five-part post made to alt.m.t
in 1996 containing the text of the appeals court
decision and Judge Adams's concurrence;
 1 of 5
http://groups.google.com/group/alt.meditation.transcendental/msg/a175a1217c214306
 
http://groups.google.com/group/alt.meditation.transcendental/msg/a175a1217c214306

http://tinyurl.com/dcudhy http://tinyurl.com/dcudhy

2 of 5
http://groups.google.com/group/alt.meditation.transcendental/msg/f8dd186604b5feb5
 
http://groups.google.com/group/alt.meditation.transcendental/msg/f8dd186604b5feb5

http://tinyurl.com/d3c8lt http://tinyurl.com/d3c8lt

3 of 5
http://groups.google.com/group/alt.meditation.transcendental/msg/9e0cc2271692d7a8
 
http://groups.google.com/group/alt.meditation.transcendental/msg/9e0cc2271692d7a8

http://tinyurl.com/dnhtbp http://tinyurl.com/dnhtbp

4 of 5
http://groups.google.com/group/alt.meditation.transcendental/msg/f5b05e15a264beb9
 
http://groups.google.com/group/alt.meditation.transcendental/msg/f5b05e15a264beb9

http://tinyurl.com/5vapbt http://tinyurl.com/5vapbt

5 of 5
http://groups.google.com/group/alt.meditation.transcendental/msg/a2721a415e324740
 
http://groups.google.com/group/alt.meditation.transcendental/msg/a2721a415e324740

http://tinyurl.com/covb7y http://tinyurl.com/covb7y
 
 


 

 

 TM Appeals Court Decision, 
 == == ==
MALNAK, Alan B. and EDWINA K. MALNAK; HARRY C. BOONE and EVELYN
M. BOONE; HARRY C. BOONE and EVELYN M. BOONE as Guardians ad
litem for their infant son David; WILLIAM E. GURY and MARGARET M.
GURY; WILLIAM E. GURY and MARGARET M. GURY, as Guardians ad litem
for their infant daughter Laura Jean; JOSEPH G. LERNER; JOSEPH M.
DUFFY; REV. DR. SAMUEL A. JEANES; AMERICANS UNITED FOR SEPARATION
OF CHURCH AND STATE, a non-profit corporation; SPIRITUAL
COUNTERFEIT PROJECT, INC., a non-profit corporation; COALITION
FOR RELIGIOUS INTEGRITY, an unincorporated association v. YOGI,
Maharishi Mahesh; SPIRITUAL REGENERATION MOVEMENT FOUNDATION;
WORLD PLAN EXECUTIVE COUNCIL - UNITED STATES AMERICAN FOUNDATION
FOR CREATIVE INTELLIGENCE; MAHARISHI INTERNATIONAL UNIVERSITY;
CHARLES F. LUTES; JEROME W. JARVIS; ROBERT B. KORY; JANET AARON;
BOARD OF EDUCATION OF MAPLEWOOD - SOUTH ORANGE, NEW JERSEY SCHOOL
DISTRICT; BOARD OF EDUCATION OF GLEN RIDGE, NEW JERSEY SCHOOL
DISTRICT; BOARD OF EDUCATION OF WEST NEW YORK, NEW JERSEY SCHOOL
DISTRICT; BOARD OF EDUCATION OF UNION CITY, NEW JERSEY SCHOOL
DISTRICT; NEW JERSEY STATE DEPARTMENT OF EDUCATION; NEW JERSEY
STATE BOARD OF EDUCATION; FRED G. BURKE, as New Jersey
Commissioner of Education; CHARLES WILSON; STATE OF NEW JERSEY;
UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE; and
UNITED STATES OF AMERICA; DAVID MATHEWS, SECRETARY OF THE UNITED
STATES DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, WORLD PLAN
EXECUTIVE COUNCIL - UNITED STATES, JEROME W. JARVIS, ROBERT B.
KORY, and JANET AARON, Appellants.
 MALNAK v. YOGI
Nos.  78-1568, 78-1882
UNITED STATES COURT OF APPEALS, THIRD CIRCUIT
592 F.2d 197
December 11, 1978, Argued
February 2, 1979, Decided
 PRIOR HISTORY:
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
(D.C. Civil Action No. 76-0341)
 COUNSEL: Steven M. Druker, Fairfield, Iowa, Peter R. Sterling, Morristown, N.
J., for appellants, McCarter & English, Newark, N. J., of counsel.
   Julius B. Poppinga, on brief, Geoffrey M. Johnson, Newark, N. J., for
appellees.
 JUDGES: Before ALDISERT, ADAMS and HUNTER, Circuit Judges.
 OPINION BY: PER CURIAM
OPINION:[*197]
OPINION OF THE COURT
 This appeal requires us to decide whether the district court
erred in determining that the teaching of a course called the
Science of Creative Intelligence Transcendental Meditation
(SCI/TM) in the New Jersey public high schools, under the
circumstances presented in the record, constituted an
establishment   [*198]   of religion in violation of the first
amendment of the United States Constitution. Plaintiffs sought
injunctive and declaratory relief and, after defendants had filed
numerous depositions, answers to interrogatories, admissions, and
other affidavits, the district court granted summary judgment in
favor of plaintiffs. The court held that SCI/TM was religious
activity for purposes of the establishment clause and that the
teaching of SCI/TM in public schools is prohibited by the first
amendment. The World Plan Executive Council United States and
certain individual defendants have appealed. We affirm,
essentially for the reasons set forth by Judge H. Curtis Meanor
in Malnak v. Yogi, 440 F. Supp. 1284 (D.N.J.1977).
 The course under examination here was offered as an elective at
five high schools during the 1975-76 academic year and was taught
four or five days a week by teachers specially trained by the
World Plan Executive Council United States, an organization whose
objective is to 

Re: [FairfieldLife] Re: Is TM a New Religion? The Federal District Court

[dhamiltony...@yahoo.com [FairfieldLife]]

Upfronter; Nice post.  Brave words to write and post.
 I would doubt that you are alone in this feeling.  Ollie raised the similar 
observation too about larger spiritual experience or the lack there of within 
the Tony Nader thread here relative to some of the Anti-TM’ing on the internet. 
 
 
 -JaiGuruYou
 

---In FairfieldLife@yahoogroups.com,  wrote :

 I read a lot of the TM-free site last year and I can understand why some 
people feel the way they do in regard to MMY and his latter years’ emphasis 
upon it being essential to have such things as the correct architecture for “a 
man to be right” when originally all that was needed was the do the meditation 
practice regularly. To me, it perhaps demonstrates that just because a human 
has learnt meditation and has practiced it in close communion with masters, it 
does not mean that he is free from bias and human error.
  
 But I also think that the TM-free people have missed the beauty of the finer 
results of the practice of meditation, and in so doing they have become 
somewhat obsessed because this finer reality of regular meditation is missing – 
and I’m not confining this to TM or TM-Siddhis.
  
 When I apply my attention to “that which does not change”, I begin to see that 
it is actually “that which does not change” which is really doing the observing 
while my attention “disappears” or is seen as temporary. “That which does not 
change” is like a fine invisible “mist” that permeates everything, me, others 
and all, but it is the “mist” which sees and no longer whoever I thought was 
observing. i.e. “me”. It is very nice to be “mist”. I know some people say that 
Being has no attributes but I have to say that it has the attribute of being 
all-satisfaction. I believe this is just a human experience and the "mist" is 
the basis for something far more tangible and real yet to be revealed.

  
 So this is why I come to the conclusion that the TM-free people haven’t found 
the satisfaction of “I Am Being-ness” or else they could not be brought to make 
some of the statements I have read. I suppose this sounds crazy-talk to them.

Re: [FairfieldLife] Re: Is TM a New Religion? The Federal District Court

[upfron...@ymail.com [FairfieldLife]]

I read a lot of the TM-free site last year and I can understand why some people 
feel the way they do in regard to MMY and his latter years’ emphasis upon it 
being essential to have such things as the correct architecture for “a man to 
be right” when originally all that was needed was the do the meditation 
practice regularly. To me, it perhaps demonstrates that just because a human 
has learnt meditation and has practiced it in close communion with masters, it 
does not mean that he is free from bias and human error.
  
 But I also think that the TM-free people have missed the beauty of the finer 
results of the practice of meditation, and in so doing they have become 
somewhat obsessed because this finer reality of regular meditation is missing – 
and I’m not confining this to TM or TM-Siddhis.
  
 When I apply my attention to “that which does not change”, I begin to see that 
it is actually “that which does not change” which is really doing the observing 
while my attention “disappears” or is seen as temporary. “That which does not 
change” is like a fine invisible “mist” that permeates everything, me, others 
and all, but it is the “mist” which sees and no longer whoever I thought was 
observing. i.e. “me”. It is very nice to be “mist”. I know some people say that 
Being has no attributes but I have to say that it has the attribute of being 
all-satisfaction. I believe this is just a human experience and the "mist" is 
the basis for something far more tangible and real yet to be revealed.

  
 So this is why I come to the conclusion that the TM-free people haven’t found 
the satisfaction of “I Am Being-ness” or else they could not be brought to make 
some of the statements I have read. I suppose this sounds crazy-talk to them.

[FairfieldLife] Re: Is TM a New Religion? The Federal District Court

[wgm4u]

A steering wheel isn't a car either, (but an instrumental part of a car) it's 
disingenuous to suggest TM is not Religious when it comes from the Sanatana 
Dharma or eternal Religion of the Vedas. TM should be classified as a Religious 
Science, clearly it's not JUST a scientific technique. Zeus has spoken!!

[FairfieldLife] Re: Is TM a New Religion? The Federal District Court

[steve.sun...@yahoo.com [FairfieldLife]]

Have you run this by Jamesalan yet? 

 I believe he is our self appointed compliance officer.
 

---In FairfieldLife@yahoogroups.com, dhamiltony2k5@... wrote :

 Well yes, there is a 'faith' aspect for some inside of TM that may be 
different from those just practicing the meditation. Is that Religious? 
Possibly, Re-read the Federal District Court opinion about the establishment of 
religion. Where is the religion in TM? Locate a faith-based element of the TM 
movement that evidently is at the intersection of a 'Faith and belief' in 
Maharishi and his teachings beyond just practicing the technique. A 
significance in faith as it is judged in TM movement culture and organizational 
policy guideline that proscribes membership is where just being a practitioner 
can run up against the religious of TM who administrate the TM movement.
 

 Where is the religion in just practicing a technique? A: using the criteria 
laid out by the Federal District Court in its opinion a culture of an 
organization could be adapted to being a non-theistic new religion by some. Are 
TM and SCI now new religions for some? [Federal Court opinion: 
https://groups.yahoo.com/neo/groups/FairfieldLife/conversations/messages/419588 
https://groups.yahoo.com/neo/groups/FairfieldLife/conversations/messages/419588 
]
 

 ..“Indica” of religion: 'Ultimate ideas', 'Comprehensive', 'Structure'.
 

 

 

 

 

 

 

 

 





 

[FairfieldLife] Re: Is TM a New Religion? The Federal District Court

[dhamiltony...@yahoo.com [FairfieldLife]]

'Ultimate ideas', 'Comprehensive', 'Structure'.
 

 Religion..
 Searching the FFL archive for, 'Federal District Court'..
 
 turns up these link:
 

 

 Here are links to a five-part post made to alt.m.t
in 1996 containing the text of the appeals court
decision and Judge Adams's concurrence;
 1 of 5
http://groups.google.com/group/alt.meditation.transcendental/msg/a175a1217c214306
 
http://groups.google.com/group/alt.meditation.transcendental/msg/a175a1217c214306

http://tinyurl.com/dcudhy http://tinyurl.com/dcudhy

2 of 5
http://groups.google.com/group/alt.meditation.transcendental/msg/f8dd186604b5feb5
 
http://groups.google.com/group/alt.meditation.transcendental/msg/f8dd186604b5feb5

http://tinyurl.com/d3c8lt http://tinyurl.com/d3c8lt

3 of 5
http://groups.google.com/group/alt.meditation.transcendental/msg/9e0cc2271692d7a8
 
http://groups.google.com/group/alt.meditation.transcendental/msg/9e0cc2271692d7a8

http://tinyurl.com/dnhtbp http://tinyurl.com/dnhtbp

4 of 5
http://groups.google.com/group/alt.meditation.transcendental/msg/f5b05e15a264beb9
 
http://groups.google.com/group/alt.meditation.transcendental/msg/f5b05e15a264beb9

http://tinyurl.com/5vapbt http://tinyurl.com/5vapbt

5 of 5
http://groups.google.com/group/alt.meditation.transcendental/msg/a2721a415e324740
 
http://groups.google.com/group/alt.meditation.transcendental/msg/a2721a415e324740

http://tinyurl.com/covb7y http://tinyurl.com/covb7y
 
 


 

 

 TM Appeals Court Decision, 
 == == ==
MALNAK, Alan B. and EDWINA K. MALNAK; HARRY C. BOONE and EVELYN
M. BOONE; HARRY C. BOONE and EVELYN M. BOONE as Guardians ad
litem for their infant son David; WILLIAM E. GURY and MARGARET M.
GURY; WILLIAM E. GURY and MARGARET M. GURY, as Guardians ad litem
for their infant daughter Laura Jean; JOSEPH G. LERNER; JOSEPH M.
DUFFY; REV. DR. SAMUEL A. JEANES; AMERICANS UNITED FOR SEPARATION
OF CHURCH AND STATE, a non-profit corporation; SPIRITUAL
COUNTERFEIT PROJECT, INC., a non-profit corporation; COALITION
FOR RELIGIOUS INTEGRITY, an unincorporated association v. YOGI,
Maharishi Mahesh; SPIRITUAL REGENERATION MOVEMENT FOUNDATION;
WORLD PLAN EXECUTIVE COUNCIL - UNITED STATES AMERICAN FOUNDATION
FOR CREATIVE INTELLIGENCE; MAHARISHI INTERNATIONAL UNIVERSITY;
CHARLES F. LUTES; JEROME W. JARVIS; ROBERT B. KORY; JANET AARON;
BOARD OF EDUCATION OF MAPLEWOOD - SOUTH ORANGE, NEW JERSEY SCHOOL
DISTRICT; BOARD OF EDUCATION OF GLEN RIDGE, NEW JERSEY SCHOOL
DISTRICT; BOARD OF EDUCATION OF WEST NEW YORK, NEW JERSEY SCHOOL
DISTRICT; BOARD OF EDUCATION OF UNION CITY, NEW JERSEY SCHOOL
DISTRICT; NEW JERSEY STATE DEPARTMENT OF EDUCATION; NEW JERSEY
STATE BOARD OF EDUCATION; FRED G. BURKE, as New Jersey
Commissioner of Education; CHARLES WILSON; STATE OF NEW JERSEY;
UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE; and
UNITED STATES OF AMERICA; DAVID MATHEWS, SECRETARY OF THE UNITED
STATES DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, WORLD PLAN
EXECUTIVE COUNCIL - UNITED STATES, JEROME W. JARVIS, ROBERT B.
KORY, and JANET AARON, Appellants.
 MALNAK v. YOGI
Nos.  78-1568, 78-1882
UNITED STATES COURT OF APPEALS, THIRD CIRCUIT
592 F.2d 197
December 11, 1978, Argued
February 2, 1979, Decided
 PRIOR HISTORY:
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
(D.C. Civil Action No. 76-0341)
 COUNSEL: Steven M. Druker, Fairfield, Iowa, Peter R. Sterling, Morristown, N.
J., for appellants, McCarter  English, Newark, N. J., of counsel.
   Julius B. Poppinga, on brief, Geoffrey M. Johnson, Newark, N. J., for
appellees.
 JUDGES: Before ALDISERT, ADAMS and HUNTER, Circuit Judges.
 OPINION BY: PER CURIAM
OPINION:[*197]
OPINION OF THE COURT
 This appeal requires us to decide whether the district court
erred in determining that the teaching of a course called the
Science of Creative Intelligence Transcendental Meditation
(SCI/TM) in the New Jersey public high schools, under the
circumstances presented in the record, constituted an
establishment   [*198]   of religion in violation of the first
amendment of the United States Constitution. Plaintiffs sought
injunctive and declaratory relief and, after defendants had filed
numerous depositions, answers to interrogatories, admissions, and
other affidavits, the district court granted summary judgment in
favor of plaintiffs. The court held that SCI/TM was religious
activity for purposes of the establishment clause and that the
teaching of SCI/TM in public schools is prohibited by the first
amendment. The World Plan Executive Council United States and
certain individual defendants have appealed. We affirm,
essentially for the reasons set forth by Judge H. Curtis Meanor
in Malnak v. Yogi, 440 F. Supp. 1284 (D.N.J.1977).
 The course under examination here was offered as an elective at
five high schools during the 1975-76 academic year and was taught
four or five days a week by teachers specially trained by the
World Plan Executive Council United States,