A Scientology legal victory on August 5th might not actually be cause for celebration within the Church. The court protected Scientology's freedom from inquiry into human trafficking charges, as well as the church's right to deny fair labor practices to its ministers. Meanwhile, the alleged abuses themselves, which the church once tried to hide, have again become a matter of public record.
In the cases of Marc Headley- and Claire Headley vs. the Church of Scientology, et. al, the church successfully convinced U.S. District Judge Dale S. Fischer that its bizarre, and seemingly abusive, labor practices are protected by the First Amendment under a principle known as "ministerial exception." Under this principle, as long as an employee fits a broad legal description of a "minister," the employee is not protected by most labor or discrimination laws. The court determined that members of the church's paramilitary branch, the "Sea Org," fit that definition of "minister."
In a legally affirming but socially damning decision, the court stated that "determining whether Scientology's practices of routing out, censorship, or heavy manual labor as a form of discipline...constitute involuntary servitude...is precisely the type of entanglement that the Religion Clauses prohibit." The practices themselves are not denied, however, and the court does not say that they would not constitute involuntary servitude.
The church seems not to have noticed this important reality. In a post-decision letter to the Saint Petersburg Times, Scientology spokesperon Tommy Davis boasted that the Headleys "sued claiming that they had been deprived of monetary compensation and subjected to church discipline and lifestyle constraints that are part of the commitment of Scientology religious ministers. The District Court emphatically rejected all such claims, holding that the First Amendment prohibits the state or its courts from evaluating the religious life voluntarily undertaken by ministers and members of religious orders, or determining the nature of the relationship between a church and its ministers."
Most organizations would consider the practices themselves to be a failure, and they would take steps to persuade the world that real change was taking place to prevent further abuses. For Scientology, winning the right to continue these behaviors is considered "victory."
Other practices that made it into court records include:
- Sleep and food deprivation of Sea Org employees;
- Heavy and demeaning manual labor as punishment;
- Screening and censorship of employee communications;
- Threats of job loss for those who refuse abortions;
- Physical and procedural restrictions on the ability of Sea Org employees to leave;
- Church-enforced "Disconnection" (utter rejection) of former Sea Org employees by their families; and
- Harsh discipline against Sea Org employees who voice a desire to leave.
While it may come as a surprise to some that a church can legally take these actions against its own members, by most ex-member accounts, the situation at Scientology is nothing new. What is new is that the church is becoming so ineffective at preventing its secrets from becoming common knowledge.
Comments
Great coverage!
$cientoloy indentures people into billion year contracts to work long hours at slave wages, and if that isn't enough, they require that they have abortions, or leave, which for some means leaving their husband or family behind, and its all legally part of the "RELIGIOUS" practices.
And if that's not enough, they can serve happily in their slave labor prison camps where the cult can do anything it wants to them.
The cult's rapidly shrinking numbers are going to put extraordinary pressures on the worker zombies -- who are stat-centric to begin with -- and some will feel trapped because they have no legal recourse, and the anger they feel at being made to break up with their families is going to be something to reckon with.
Good luck at anyone ever getting off their junk mail list. The worker who takes someone off the list is admitting that the cult is shrinking.
There are only 40,000 of these nuts left here on Teegeeack, and the cult needs to be closed down safely.
So they knew they would have to work hard and allegedly worked hard (if you care to research a little you see that in court they would later say that they had a great time and loved it).
What's the story? A PR fluff action sponsored by religious bigots that was stopped by the court.
Until COS services are offered with no suggested donation rate, to anyone interested. I will not consider your organization a charity, until your church espouses an ethics policy based on divine principles instead of statistics or pts/sp handle or disconnect policy, I will not consider your business a church. Oh and worshiping a deity or deities might be a good idea too, since that is an essential ingreedient for most legitimate religions.
The story is that your organization is about to be busted for human trafficking. What the Headleys did is only marginally covered by the law the Judge uselessly cited. But now that it's on record that your so-called "church"—Ponzi Scam is the more accurate title—applied the same slave conditions to kids who were underage and therefore not legally competent to decide to go into forced labor. Thus, the law transcends any claims on behalf of Scientology that their activity is protected by religious privilege.
I'd be surprised if you aren't out of the Org and on the street before the year is up. The problem with your imbecilic "Fair Game" policy is that it makes people WANT to turn it on you. Scientology is now and forever will be "Fair Game."
Here is what the judge said: "When someone says, "I thought I was enjoying myself at the time," that means they were enjoying themselves at the time. That's the only place it comes from, is your mind, and for them later to contend that -- I don't know what -- after they talked to you, after they talked to some expert, now they decide they weren't enjoying themselves; instead, they were being forced to labor. I don't think you can assert a claim under the TVPA that way. (TVPA = Torture Victim Protection Act)."
A child, chained to a bed for years, with no language skills, may have moments of joy. That's how the human mind deals with horrific circumstances. I would be curious to ask this little girl from this 1999 story, if she ever smiled, giggled during these 6 years. I bet she did.
NORCO, California: A six-year-old girl who had been chained to a bed for five years in her mother's feces-littered home is making steady progress since being admitted to a hospital a month ago.
"She is more interactive with the people around her, including making more eye contact and giving her doctor 'five,'" the statement said.
"Although she does not yet say words, she is making more sounds and forming more syllables. She is undergoing cognitive speech and neuropsychological therapy."
Police found the girl in September after getting a tip from an anonymous caller who said the child had not been seen in years.
The girl's mother and grandfather were arraigned in criminal court on charges of tortu
Can't wait to see athletes suing their trainers for the hard work they had to do during their training. Or monks suing the Catholic Church for not having children. This case is ridiculous.
@Louanne:
TVPA stands for "Trafficking Victims Protection Act"
"TVPA stands for "Trafficking Victims Protection Act""
My bad...
So in 1991 Headley join the fraternal order of the Church of Scientology, leaves in 2005 and in 2010 he claims that he was a "trafficking victim"? ROFLMAO!!!
can't cover up crimes Louanne report back to OSA fail
The Headleys tried a little money-making scheme and failed epically.
"Can't wait to see athletes suing their trainers for the hard work they had to do during their training. Or monks suing the Catholic Church for not having children. This case is ridiculous."
There's a big differene here. If the athletes were being fed unhealthy food and working 12 hours a day with inly a few days off every year for 50$ a week, then they have every right to sue.
And the Sea Org aren't not only allowed not to have children, they are coerced into aborting by threats of disconnection from their loved ones should they become pregnant.
But if you want to laugh it off, be my guest. Hope you sleep well tonight.
A frivolous claim in legal terms refers to a lawsuit or motion in a lawsuit motivated by an intent merely to harass, delay or embarrass the opposition. In order to be found frivolous, the claim must have no arguable basis in law or fact. Frivolous acts can include filing the lawsuit itself, a motion for a court action in a lawsuit, an answer of a defendant to a complaint which does not deny, contest, prove or controvert anything, or an appeal which is without any valid supporting arguments.
A judge may award sanctions for a frivolous lawsuit, motion or appeal. Such sanctions may include awarding the opponent costs, attorney fees, and in at least one case, the offending attorney was ordered to attend law school courses. The award of sanctions may be made by the court on its own initiative or after a motion by another party.
The following is an example of a state statute dealing with frivolous claims:
"If the action is brought by a private citizen and the court finds that the ac
A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. The Racketeer Influenced and Corrupt Organizations Act ( RICO ACT) could be applied if it can be shown that lawyers and/or their clients conspired and collaborated to concoct fictitious legal complaints solely in retribution and retaliation for themselves having been brought before the courts.
This article is so beside the point that I feel I should post the actual decision...
I guess this is why they are so heavily advertising on cable networks... trying improve their image.
PUBLICITY STUNT. These guys VOLUNTEERED to be in the Sea Organization, said they enjoyed themselves, and knew the entire time under what conditions they'd be working. They knew it'd be tough, but hey - most factually enjoyable jobs are. This is utterly a stunt on their part - trying to defame their Church & deflect attention from the fact that they stole thousands before clearing out of there before anyone could catch them.
What's missing in this story is also how they left in 2005! Kicked out for embezzlement. Minor point, eh?
This judge is cool. Here is another sound byte where she slaps (once more) Headley's lawyer for being evasive when it comes to facts: "Counsel, most of your objections to the undisputed facts are not objections at all. They are improper attempts to avoid admitting what clearly are undisputed facts. You know, that undermines your position in the same way as when a witness takes the stand and is evasive in answering questions. It really detracts from the credibility; in this case, not of the parties but of the lawyers. The purpose of summary judgment is to figure out what the undisputed facts are."
Really superb article - well done, Mr McAlpin. I felt very disheartened that Marc Headley and his wife, Claire, were not financially compensated for the trauma they have been through.
Will this article appear in the print media? It ought to.
Claire went to the notorious Greenfields School in East Grinstead. As a child, she was unaware that she was being led to slavery.
Marc Headley's videos from the Hamburg conference ( and the LA Press Conference) are very moving.
I love when Scientology drones try to blend in, as members of the public in every 'comments' section. David Miscavige, you're such a genius! ;-P
16 year old kids have no idea what they are getting themselves into by signing a billion year contract. I hope the Headleys appeal this.
The practice of recruiting children into the Sea Org is one of the more creepy things scientology does. Everything scientology does is creepy but this one is high on the list.
Enjoy your little victory, scilons. You have so little to celebrate these days. Your orgs are empty, your stats are not only down but in the negative, and your cult is dying.
Oh yeah, and there are NO OT's...let alone OT9 and OT10. Who's gotten their SuperPowerz btw? :D
She goes on to say: "It's a fascinating issue, apparently one that not too many other courts have addressed, but I think no matter how you look at it, your clients have not stated a claim."
"Not stated a claim?" Ouch. So that means when it came to facts they bailed? That also means they lied to the believe-all media over the last years. Luckily for them there are places like this one that parrots each pieces of nonsense as long as it follows the prejudices of the journalist.
Did scientology file for damages already?
Giz, I don't think they sue media anymore. Maybe individual journalists that went over the top. And the Headleys are probably claiming incompetence to make any money.
The comments posted here by Scientologists are so obvious and emotion-filled. In fact, Louanne has posted no less than 6 times already.
She must be concerned about these practices play in the press, especially now that Tommy Davis admits they are part and parcel of the Scientology ministerial life commitment.
Methinks the lady doth protest too much!
Yeah, it sounds obvious that Louanne is a plant!
Emotion-filled? Yes, indeed! I am very much concerned about the lies that are spread here. I do know a lot of members of the Sea Organization (there are something like 6,000 worldwide) that would just laugh seeing these stupid lies that are spread about their free choice of life-style. They just move on. But it's different for me. I feel compelled to take such things to the courts and bring those to public attention that make up the stories. Slander and religious bigotry are unacceptable in any society. Maybe I should relax. After all the two biggest liars in recent scientology court history just got slapped hard. Maybe I should celebrate. Another religious recognition for the Church of Scientology, by another court. Or maybe I should continue to tell the public who these jerks are that try to slander my religion and friends.
Louanne,
Let me just ask you one question. Do you really think a 16 year old who signs the Sea Org billion year contract fully understands what they are getting into?
Why is Scientology still even considered a religion? You have to go out of your way not to see the true intent of this cult.
My study of the Old Testament defines how God brought Israel out of bondage and into their promised land as having established cult practices --extreme although protective-- enabled their survival; they were considered a cult, historically. The big difference is the truth, and Moses was a trustworthy man.
The fact remains that scientology has admitted that the harsh treatment of it's sea org members is real,and that this treatment is acceptable in the church.
Again scientology has managed to get the media to focus on the abuse,and again scientology has used religion as a justification for the abuse.
Who in there right mind's would want join such a religion,and how does this reflect on those who defend it.
". I do know a lot of members of the Sea Organization (there are something like 6,000 worldwide) that would just laugh seeing these stupid lies that are spread about their free choice of life-style"
Well yeah, you're OSA so you probably do know some Sea Org members but I guess you're saying they don't know anything about this, because they're not allowed to read it?
Btw, have you OSA guys decided to sue people for using the fake names you post under? I read a threatening article you wrote about that on rantnrave.
I think they would have a case though. From illegal advertising to libel for commercial gain, it's all in there. It would be interesting to calculate how much money journalists make when spreading the lies. Online news bloggers for example make money off views. The more absurd and dramatic, the more money. Easy prey for junior partners.
Well, by all means, let's dream up some new ways to suppress free speech, Giz.
This is not a win for the cult, it makes the cult of $cientology look even creepier.
Exactly, Rocky. If you are I were accused of something as awful as forced abortions (murder, in other words) we would not have it dismissed on some legal technicality, but go to trial and disprove the factual allegations. Instead, Scientology took the "its part of our religion" route. If this gets reversed, Scientology is in trouble: they will have to argue "its part of our religion, but we didn't do it".
Excellent piece! As this case drags thru the appeals process Sdentology's reputation, already in tatters, will sink to new lows. What the public can take away from this is that yes, these abuses do occur and will continue until the last victim has leaves the cult.
Nonaplogist, you need to understand something about Freedom of Speech, I think. First, the law, Amendment 1 to the Constitution: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Freedom of Speech protects citizens against Government interference in their rights.
Second, and this is between you and me, or any other citizens, the definition of libel: "Defamation—also called calumny, vilification, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually, but not always, a requirement that this claim be false.
And third: Your right to say what you want stops where it violates the right of others.
Louanne the Embezzlement story your promoting. is a fair game your pushing the party line. attack the critic
when Scientology fair games anyone. it also serves as a chilling example/threat to those still trapped inside,this will happen to you. Louanne is an unwitting enabler. or she is doing it consciously willingly to Keep Scientology Working.
There are many stories by ex-SO members describing their disappointment and dismay at discovering their living and working conditions. Because they believe in the con they persevere, but this does not remove the abuse.
It is time the US legal system realises that members of abusive cults also have rights.
Slavery is a religion now ?
Founding fathers are turning in their graves.
Louanne, the Headley's are neither the first nor the last to make such claims of abuse. The fact that they signed such contracts as minors is reprehensible because, in case you didn't know, minors are NOT LEGALLY ALLOWED to enter any 'legal' contract, consensual or not. Therefore, their admittance into the SeaOrg was in direct violation of child protection and labor laws.
And from what inside sources state, 6,000 SeaOrg members worldwide is not only pathetically untrue, but plainly shows desperation in COS's attempts to make them sound bigger than they really are. Kinda like a frilled lizard trying to look bigger to a T-Rex.
The fact they left in 2005 does not change anything; abuse victims will often not report abuse for years and Scientology is no exception. Given their policy of going after those who speak out against them, this is not surprising. The public takes a VERY DIM view of 'religious' groups who abuse their followers. How do you think this will look to the public?
Freedom of speech is the freedom to speak without censorship or limitation, or both. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used, known in United States law as "symbolic speech".
The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR recognizes the right to freedom of speech as "the right to hold opinions without interference. Everyone shall have the right to freedom of expression".
Nonapologist, I think you don't want to understand. Try defaming a couple of people in real life and see what happens. You'll be broke very soon from losing your "free speech" cases.
Defamation example, Giz? Lovely name, btw.
Fascinating, all these people showing up who know better than a Federal Judge of the United States of America. A_Watcher, why don't you apply for a seat in the court?
In the meantime let's stick to the facts: 1) Despite of an expensive harassment and defamation campaign against the Church of Scientology in the media (they even went to post-fascist Germany for that) Marc and Claire Headley lost their case on all counts. And 2) When asked by the court for facts they were unable, over the course of almost a year, to give ANY evidence for their claims.
As a result they got kicked in the ass by the court.
Nonapologist, I am sure you can find your own examples. Try it out and let me know how it went.
This is not about freedom of speech.
Nice try at a derail by the way,an old sci trick.
This about scientology abuse of it's sea org.
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