[FairfieldLife] Re: Is TM a New Religion? The Federal District Court
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 dissemin
Re: [FairfieldLife] Re: Is TM a New Religion? The Federal District Court
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
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
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
Have you run this by Jamesalan yet? I believe he is our self appointed compliance officer. ---In FairfieldLife@yahoogroups.com, 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
'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,