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Abstract
The present piece surveys different discussions of religion especially in the legal
realm which have had a bearing on Scientology. L. Ron Hubbard adopted the religion
label for practical reasons; in his mind, Scientology was a science, not a religion.
However, it is clear that Scientology actually is a religion at least in the sense of functioning as a religion in the lives of participants parading as science; instead of, as
Hubbard thought, a science parading as religion. This becomes particularly clear upon
examination of individuals participating in the so-called Free Zone (ex-CoS members
who continue to identify as Scientologists), for whom Scientology remains their primary religious identity.
Keywords
Dianetics Scientology L. Ron Hubbard Free Zone religion New Religious
Movement
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first free the individual of the effects of the reactive mind, and then to fully
realize the spiritual nature of the person. Electrical devices called E-Meters,
which rely upon the same basic technology as lie detectors, are used to help
the auditor discover emotionally loaded memories. When the individual is
freed from the effects of the reactive mind, he or she is said to have achieved
the state of Clear. An individual can then go on to higher levels of counseling dealing with his or her nature as an immortal spiritual being, referred to
in Scientology as a Thetan, and eventually achieve the state of Operating
Thetan (usually abbreviated OT). Scientologists believe in reincarnation
specifically, that a Thetan has lived many lifetimes in a human body before this
one and will live more lifetimes in the future.
Rather like ancient Gnosticism, Scientology views human beings as pure
spirits (Thetans) trapped in MEST (the world of Matter, Energy, Space, and
Time). Humanitys ultimate goal is to achieve a state of total freedom in which
rather than being pushed around by external circumstances and by our
own subconscious mind we are at cause over the physical universe. Unlike
traditional Gnosticism, achieving this exalted state of total freedom does not
require that we distance ourselves from everyday life. Instead, the greater our
spiritual freedom, the more successful we will be at the game of life.
Perhaps surprisingly for a movement claiming to be a religion, Scientology
leaves open the question of Gods existence, and instead focuses on improving
ones conditions in this life. As part of this openness to other religious alternatives, Scientologists are simultaneously allowed to be practicing members
of other religions (for general treatments of Scientology, refer to Wallis 1976;
Whitehead 1987; Lewis 2009; Urban 2011).
Background II: The Cult Controversy
The controversy over new religions like Scientology is a complex social issue
that has engendered an emotional and often acrimonious debate. The focus
of this debate is a wide variety of diverse groups that often have little in common. Some embrace belief systems at odds with mainstream religion; others
are quite orthodox. The single characteristic these groups share is that they
have been controversial. Years of social conflict have left their impression on
the term cult, which, to the general public, indicates a religious group that is
false, dangerous, or otherwise bad.
The principal arenas in which the controversies over new religions have
been fought are the media and the courts. Perhaps paradoxically, critics of
such religions (often collectively referred to as the anti-cult movement, or
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Lewis
ACM) have suffered defeat in the courts but been victorious in the media. The
current state of affairs is comparable to the situation in which the Civil Rights
Movement found itself during its heyday: while going from victory to victory in
the courts, in popular opinion Blacks were still viewed as second-class citizens,
particularly in the Deep South.
One of the principal reasons why NRMs have tended to enjoy success in the
legal arena is that the courts have been compelled to treat such groups seriously as religions, entitled to all of the rights and privileges normally accorded
mainstream denominations. ACM critics of new religions would like to draw
a sharp line between real religions and cults, and treat cults as pseudoreligious organizations. The courts, however, are unable to approach such
groups differently as long as group members manifest sincerity in their religious beliefs. Cases involving contemporary minority religions have often been
argued in terms of religious liberty issues. And while anti-cultists have accused
new religions of hiding behind the First Amendment (in the U.S.), they have
been largely unsuccessful at persuading the legal system to set aside First
Amendment concerns when dealing with controversial NRMs (Lewis 2012a).
This situation explains why at least in the United States, Scientologys
country of birth none of the legislative efforts to regulate new religious
movements have been successful. In the 1970s, parents concerned about the
religious choices of their adult children lobbied various legislatures. A number
of states established committees and hearings to investigate the cult menace.
Some resolutions were passed, but legislative bodies were ultimately unable
to act against new religions because of the church/state separation issue. The
strongest effort ever made by a U.S. legislature was New York State Assembly
Bill AB 9566-A, which would have made Promoting a Pseudo-Religious Cult a
felony. It was introduced by Robert C. Wertz on 5 October 1977:
A person is guilty of promoting a pseudo-religious cult when he knowingly organizes or maintains an organization into which other persons
are induced to join or participate in through the use of mind control
methods, hypnosis, brainwashing techniques or other systematic forms
of indoctrination in which the members or participants of such organization engage in soliciting funds primarily for the benefit of such organization or its leaders and are not permitted to travel or communicate with
anyone outside such organization unless another member or participant
of such organization is present. (State of New York 1977)
A number of different groups, including the American Civil Liberties Union,
lobbied heavily against the bill, and it was ultimately defeated. It failed to pass
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because among other factors it lacked an objective criterion for distinguishing false from true religions. Without a truly neutral standard, any such
law violates the establishment clause of the First Amendment. It is, in fact, the
separation of church and state mandated by the First Amendment that has
discouraged legislation in this area. This has left the courts to bear the burden
of adjudicating the controversy.
Prior to the emergence of the modern cult controversy, there was one
important Supreme Court case involving a twentieth-century new religion.
This 1944 case, United States v. Ballard, focused on the belief system of the
I Am Activity, a neo-Theosophical group from which a whole family of other
groups traces its roots. The case was built around the charge of mail fraud,
based on the ridiculous nature of the groups beliefs. In the words of Justice
Robert H. Jackson, who wrote the dissenting opinion in United States v. Ballard:
Scores of sects flourish in this country by teaching what to me are queer
notions. It is plain that there is wide variety in American religious taste.
The Ballards are not alone in catering to it with a pretty dubious product.
The chief wrong which false prophets do to their following is not financial. The collections aggregate a tempting total, but individual payments
are not ruinous. I doubt if the vigilance of the law is equal to making
money stick by over-credulous people. But the real harm is on the mental
and spiritual plane. There are those who hunger and thirst after higher
values which they feel wanting in their humdrum lives. They live in mental confusion or moral anarchy and seek vaguely for truth and beauty and
moral support. When they are deluded and then disillusioned, cynicism
and confusion follow. The wrong of these things, as I see it, is not in the
money the victims part with half so much as in the mental and spiritual
poison they get. (United States v. Ballard, 322 U.S. 78, 95 [1944])
The founder of the movement, Guy Ballard, had long been interested in
occultism and Theosophy. He married Edna Wheeler in 1916, and together
they founded the I Am Activity in the 1930s. Ballards revelations from Saint
Germain were spread during the lectures of the Ballards, who traveled in the
1930s as Accredited Messengers of the Masters. Further messages from the
Ascended Masters, especially from Saint Germain and the Master Jesus, were
sometimes produced in public or private.
Saint Germain and Jesus were considered the mediators between the I AM
Presence and humans. The Ascended Masters were at one time all human
beings who were able to transcend the physical world through the purification
of their lives. The goal of human life is represented by ascension. In 1938, the
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Churches act as fiduciaries, enter into contracts, purchase property, and otherwise conduct business within the communities where they are located.
Churches expose themselves to tax liability when their conduct is not purely
religious. Scrutiny becomes particularly focused on churches when they are
the recipients of gifts, devices, or other transfers of property, or are otherwise benefitted. There have been a number of Internal Revenue Service cases
involving minority religions in which the IRS has revoked the tax-exempt
status of controversial new religions, often at the prompting of enemies of the
particular religion involved.
In 1985, for example, the Way Internationals tax-exempt status was revoked
following allegations of partisan political involvement and certain business
activities at its New Knoxville, Ohio, headquarters. The ruling was reversed by
the Supreme Court in 1990. In 1993, the IRS ceased all litigation and recognized
Scientology as a legitimate religious organization. This followed years of contentious litigation between the agency and the Church of Scientology. Though
the Church has also been compelled to defend itself against civil suits (particularly by former members) and criminal charges, the issue of CoSs federal taxexempt status has been regarded as especially important as a de facto criterion
of whether or not Scientology is really a religion.
In 1957, CoS had actually been able to obtain IRS tax-exempt recognition, but the IRS revoked this status in 1967, declaring that Scientology was a
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International Cases
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The Church of Scientology has had mixed success in obtaining recognition as a religion in Europe. It has been successful in Austria, Sweden, Spain,
Portugal, Slovenia, and Croatia. In certain other countries, it has tax-exempt
status but is not recognized as a religion. In Germany, where the Church has
been highly controversial, it has been recognized as a religion in a few German
states (Lnder), but not others. It was initially quite controversial in the United
Kingdom where it was headquartered for many years, but now seems to function well enough in that country, despite not being recognized as a religion.
Scientology has also been extremely controversial in France, where the government seems intent on destroying the organization (Palmer 2009, 2011).
The most significant case involving registration as a religion has been in
Russia. In the early post-Soviet system, Scientology was able to register as a religious body by 2004. However, aligning themselves with conservative Russian
politicians, a newly empowered Russian Orthodox Church was able to overturn the initially liberal registration law (Shterin and Richardson 1998, 2000).
Eventually a new law was passed in 1997 which required religions to reregister, but only groups that could show they had been operating in Russia legally
for fifteen years were allowed to do so a law clearly intended to deregister
groups like the Church of Scientology. After many attempts to register failed,
Scientology finally brought the case to the European Court of Human Rights
(ECHR). In 2007, the Court ruled in favor of the Church and required Moscow
to register the group. Despite the Russian governments subsequent appeal,
the case was not overturned. The potential importance of this decision is significant as it provides a precedent for Scientologys status as a religion in other
European countries as well.
If, for the moment, we set aside questions about tax-exempt status and government registration, there are a number of different ways of asking the question
of whether or not Scientology should be regarded as a religion. One way in
which this question has been approached is in terms of the intentions of the
founder (Willms 2009). Any honest assessment of the Dianetics/Scientology
movement on this basis has to conclude that Hubbard transformed his movement into a religion for purely pragmatic reasons:
In the early phase of Dianetics, Hubbard made no attempt to define
his new science of the mind as anything having to do with religion. Yet
throughout the 1950s, 60s, and 70s, in response to a variety of internal and
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human mind goes well beyond the realm of anything resembling empirical (in
the mainstream, scientific sense) psychology. Thus, while Hubbard thought he
was doing science while pretending to be the leader of a religion, from the very
beginning he was actually doing religion while imagining that he was doing
hard science.
Additionally, after ceasing to seek recognition as a science and adopting the
religion angle, the notion of reincarnation was fully and explicitly embraced
by the Church. The doctrine was even touted as solid evidence that, in fact,
Scientology really was a religion though reincarnation was framed as
one of Hubbards scientific discoveries made during the development of the
Dianetics movement. Dianetics was, interestingly enough, the immediate precursor to what later became known as past-life therapy (Lucas 1993:56).
Hubbard also picked up on the notion of astral projection, the notion that
one can project ones own consciousness out of the physical body at will, which
was popular in occult circles in the mid-twentieth century. Astral projection
was later referred to as out-of-body experiences (OBEs or OOBEs) in the wake
of a popular book on the subject, originally published in 1971 (Monroe 1977).
Hubbard, who seemed compelled to invent new terms for everything, referred
to astral projection/OOBE with the neologism exteriorization, defined as:
The state of the thetan [Hubbards term for the soul], the individual himself, being outside his body. When this is done, the person achieves a certainty that he is himself and not his body. (1965:151)
Like the doctrine of reincarnation, exteriorization is clearly a religious rather
than a purely psychological notion.
However, the Scientology organizations efforts to remake its image into a
religion came at the cost of deemphasizing its status as a science, particularly
after Hubbard had passed from the scene. Thus, for example, the statement
I cited earlier from Hubbards Fundamentals of Thought, namely that [t]here
are no tenets in Scientology which cannot be demonstrated with entirely
scientific procedures, had disappeared by the 2007 edition. In this regard,
compare page 76 of the 1956 edition (or even page 70 of the 1973 edition) with
page 80 of the 2007 edition. Furthermore, as discussed in the Fundamentals of
Thought Alterations entry in the online Scientolipedia,3 at least four other
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occurrences of the term science were deleted in later editions. Even more
interesting, the term science was replaced by religion at least twice.
If sincerely held beliefs are the core criterion in the legal arena, then perhaps the strongest evidence for the religious status of Scientology comes from
the Free Zone. The Free Zone refers to the large but loosely organized community of people who consider themselves Scientologists but who are not members of the Church of Scientology. Across the course of the sixty years of the
Churchs existence, tens of thousands of Scientologists have left the fold. Many
of these former members left for personal or for organizational reasons, and
continue to believe in the efficacy of Scientology practices and in Scientology
as a religious philosophy.
In a recently published study, Elisabeth Tuxen Rubin administered a
standardized questionnaire to forty-three former CoS Scientologists in the
Copenhagen area. She then conducted in-depth interviews with sixteen of
these. The interviewees were participants in two different groups of Free Zone
Scientologists one group had left CoS in 1982 and the other in 2004 that
were unaware of each others existence. Rubin found that none of the interviewees had lost or renounced the belief system of Scientology. Their religious attitudes and behaviour were remarkably consistent with those of core
members of Scientology (2011:219). She also found that all forty-three ex-CoS
members affirmed such core religious beliefs as [m]an is a spiritual being
and the process of [r]eincarnation (i.e., that the soul/spirit gets a new life in
another body) (2011:211). One of the more interesting findings was that these
Free Zone Scientologists have a more profound belief in Scientology than the
Church-Scientologists, or at least more profound than the CoS members studied by Peter B. Andersen and Rie Wellendorf (Rubin 2011:211; Andersen and
Wellendorf 2009).
What these findings mean for this discussion is that, while a critic of the
Church might plausibly claim that the explicitly affirmed beliefs of current
CoS members might have been made insincerely, the same cannot be said of
former members. This is especially the case with ex-members of the Church
of Scientology, who are ruthlessly cut off from family and friends remaining
in the Church because of CoSs ill-conceived disconnection policy (Lewis
2012b:140141). Thus, and not a little ironically, it is the sincerely-held beliefs
of Free Zone Scientologists who offer the best evidence that Scientology is a
religion in the legal sense of that contested term.
problematic, to say the least. In this regard, refer to the discussion in Rothstein 2007. For a
more popular treatment, refer to Kin 1991:64.
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Conclusion
Within academic religious studies circles, far from the clash of opinions that
constitute the bread and butter of mass media narratives, the question of what
does and what does not constitute religion has been quietly debated since at
least the nineteenth century. One of the currently popular positions within this
rarified realm is that there is nothing essential to religion that sets it apart from
other cultural phenomena. Furthermore, many scholars accept the notion that
the category of religion is a peculiarly Western invention, without parallel in
most traditional societies. Whatever merit this line of thought might have, it
seems to disqualify academia from making any kind of judgment call regarding the religious status of the Church of Scientology that would be acceptable
to the rest of society. There are, nevertheless, several issues with the connotations religion has acquired that have been usefully analyzed by academic
researchers.
In the first place, many people unreflectively assume that religion is always
something good (Grnschlo 2009:227228). If, therefore, a given religious
body such as Scientology does something bad, then ipso facto it must not be
real religion. Instead, it must be a false religion. This attitude is, however,
nave. The ancient Mayans (as well as many other aboriginal American groups)
sacrificed human beings as an integral part of their religious rites. These practices were, in fact, central to Mayan religion. However, no contemporary person would defend these rites as good.
Another popular idea for people raised in one of the Abrahamic traditions is
that religion is always about the worship of divinities. Against the background
of this nave assumption, Scientology cannot, by definition, be a religion. Yet
another association the term has come to have is that religion refers to traditional dogmatic church bodies bodies that long ago lost their originally
authentic spiritual impulses. We could examine yet other issues, but even this
brief discussion should be enough to demonstrate that religion has become a
contested term that can mean a variety of different things depending on the
context.
In the legal realm that has been the focus of the present article, the question
usually boils down to the sincerity of adherents. However, even this criterion
is less than clear-cut in the specific case of the Church of Scientology. In terms
of the founder, at a conscious level, Hubbard was completely insincere in
his transformation of Dianetics from a popular self-help movement into a religion though one can argue, as I have argued above, that Hubbards movement was never a purely secular enterprise. In any case, when we shift our
attention away from the founder, it is evident that the great majority of ordinary
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