======== Newsgroups: alt.religion.scientology Subject: German Court Decisions From: koreenb@aol.com (Koreen B) Date: 20 Mar 1996 19:52:47 -0500 Here are a few samples of many showing that German courts have consistently found Scientology to be a religion. German critics do not confront reality in this regard, but have continually tried to skirt this issue and avoid it. GERMANY The Church is a religious community which offers teaching based on its tenets, which include the belief that it is proper to improve the well being and happiness of men. (Decision of the Stuttgart District Court, No. 13 C 3687/76, 8 December 1976, Hans Peter Fuger v. Stuttgart Church) Scientology is a religious belief that cannot be scientifically assessed and its services are of a religious nature. (Regional Court of Munich I, 6th Chamber for Civil Matters. No. 6 0 5709/82, 6 0 6 6895/82, 7 January 1993, Kager v. SKD, Ertl v. SKD) Church staff have a right to disseminate their religion on the streets. It is a constitutional right to express one's opinion freely and to practice and establish one's religion. (Stuttgart District Court, No. 49 711 292249, 30 January 1985, People v. Karl Friedrich Munz) The Church's dissemination activities are part of the pursuit of the religion. (District Court of Stuttgart, No. 33 OWI 13691/84, 20 May 1985) The Church of Scientology is a recognized religion in Germany and protected under Article 4 of the German Constitution which guarantees freedom of religion. (Public Prosecutor, Regional Court of Frankfurt/Main, No. 92 Js 1256, 7 October 1988) Scientology is a bona fide religion and an association that is not only united for ideological purposes but also pursues a transcendental purpose. (Superior Court of Hamburg, No. 71 T 79/85, 17 February 1988) There are religious communities, such as Buddhism, which do not recognize a god in the usual sense, but this does not make them less religious. The Scientology religion deals mainly with man. Man is also an important subject for reflection in established Christian churches. (Superior Court of Hamburg, No. 71 T 79/85, 17 February 1988) The state would violate the guarantee of self-determinism and individualism the constitution affords to churches and religious and philosophical associations if it did not take into consideration the self-understanding which results from an interpretation of a special belief or philosophy (Administrative Court of Berlin, No. VG 1 A 73.86, 12 October 1988, Scientology-Kirche Berlin v. the State of Berlin) The Church is philosophically active and the promotion of its tenets is protected under Article 4 of the Constitution. (Administrative Court of Berlin, No. VG 1 A 73.86, 12 October 1988, Scientology-Kirche Berlin v. the State of Berlin) The Church of Scientology is a religious and ideological association. (Administrative Court of Frankfurt/Main, No. IV/2 E 2234/86, 4 September 1990, Scientology Mission of Frankfurt v. City of Frankfurt) The promotion, dissemination and propagation of the Scientology religion is protected by the Constitution. (Administrative Court of Frankfurt/Main, No. IV/2 E 2234/86, 4 September 1990, Scientology Mission of Frankfurt v. City of Frankfurt) In accordance with the constitutional requirement of religious and ideological neutrality imposed on the state, the state must take into account the religion's own understanding of its religiosity. Otherwise the state would violate the autonomy and sovereignty granted to religious communities. (Administrative Court of Frankfurt/Main, No. IV/2 E 2234/86, 4 September 1990, Scientology Mission of Frankfurt v. City of Frankfurt) Three characteristics of a religion can be stated: 1) it must be a voluntary association of not less than two persons with a minimum of organizational structure that does not depend on legal or civil status as per public or civil law and does not depend on its numerical strength or social relevance. 2) There must be some consensus about the purpose of human existence (origin, purpose, goal, transcendence) as well as about basic principles of individual conduct. It is not required that this consensus be inferred from a dogmatically fixated, systematically conclusive creed or ideological denomination. 3) A religious or ideological community strives for and practices its purposes and dogma (consensus) and this is visible to the outside world. The Church of Scientology fulfills these requirements. (Administrative Court of Frankfurt/Main, No. IV/2 E 2234/86, 4 September 1990, Scientology Mission of Frankfurt v. City of Frankfurt) Dissemination of religious materials by the Church is missionary activity which forwards religious and ideological beliefs protected by the Constitution. (Administrative Court of Frankfurt/Main, No. IV/2 E 2234/86, 4 September 1990, Scientology Mission of Frankfurt v. City of Frankfurt) Exercise of religion does not only include cultic acts such as the observation of religious usages including service, collections of church offerings, prayers, receiving of the sacraments, display of church flags and ringing of bells. It also includes other expressions of religious and ideological life, especially missionary activities which promote one's own faith. (Hanover District Court, Division 260, No. 260 - 347/90, 19 September 1990) There is no evidence of profiteering by the Church and the value of the services cannot be measured by market value as they are spiritual services intended by the plaintiffs to fulfill their own personal spiritual needs. (4th Civil Court of Regional Court of Frankfurt, No. (2/4076/92, 27 May 1992, Gebauer v. Church of Scientology of Frankfurt e.V.) Auditing is a religious activity, and it is the focus of the religious practice of the Church. (Stuttgart District Court, No. 27 0 417/92, 9 December 1992, Graf v. Dianetics Center Stuttgart) The delivery of services is part of a religious and life-philosophical character and based on the principle of free religious practice. (Regional Court of Frankfurt/Main, No. 2/4 0 235/92, 24 February 1993, Koch v. Church of Scientology of Frankfurt) Cory Brennan http://www.scientology.org ======== Newsgroups: alt.religion.scientology Subject: Worldwide Court Decisions From: koreenb@aol.com (Koreen B) Date: 20 Mar 1996 19:58:24 -0500 THE RELIGIOUS CHARACTER OF SCIENTOLOGY The following pages list, by country, some of the recognitions and findings by courts, administrative agencies Worldwide Court Decisions Page 4 and experts throughout the world affirming the religious nature of Scientology. AUSTRALIA The Church of the New Faith (later renamed Church of Scientology) is recognized as a religious denomination in Australia under section 26 of the Marriage Act of 1961. (Commonwealth of Australia Gazette, No. 20, 15 February 1973) Scientology falls under the definition of a religion because of: 1) belief in a supernatural Being, Thing or Principle; 2) the acceptance of canons of conduct in order to give effect to that belief. (High Court of Australia, 27 Oct 83, The Church of the New Faith v. The Commissioner for Payroll Tax) The origins and development of the Scientology religion are legitimate. (High Court of Australia, 27 Oct 83, The Church of the New Faith v. The Commissioner for Payroll Tax) As with Scientology, many groups now recognized as religions were claimed not to be when they began. (High Court of Australia, 27 Oct 83, The Church of the New Faith v. The Commissioner for Payroll Tax) CANADA The Church of Scientology of Vancouver, B.C., is a religious organization. (Province of British Columbia, Assessment Appeal Board in the Matter of the Appeal of Church of Scientology of British Columbia v. Assessor of Area #09 - Vancouver, Board Decision and Order of 1 May 1990) The Church of Scientology of Alberta has received religious recognition by the State and has been accepted under the Marriage Act which allows Church members in Alberta to perform marriages. (Letter from Acting Director of Alberta Division of Vital Statistics, Edmonton, Alberta, Canada, 17 October 1990) The Church of Scientology of Quebec has been recognized as a religion. (Letter from Inspector General of Financial Institutions, Quebec, of 21 December 1993) DENMARK Scientology is a religion. (Letter of 18 June 1986 from the Danish Value Added Tax Board) FRANCE: The relationship between Church staff and the Church is purely religious and, because of its nature, escapes the structure which normally regulates relations between employer and a salaried worker. (Letter of 20 November 1986 from the Head of the Social Security Department of Paris) Scientology is a religion having a body of doctrine and ceremonies, with a hierarchical and disciplined structure. The religion of Scientology has adopted the juridical form of a religious association based on French Law. (Expertise by Jacques Robert, Professor of Public Law and President of Paris University 2, on the Scientology religion, 1979.) HUNGARY The Church of Scientology of Hungary is a recognized and registered religious organization. (Registration document from the Court of the City Capital, No. G.PK66534/1, 17 July 1991) ITALY The doctrines of Scientology are religious. Scientology practices compare to other known religions throughout history. (Expertise dated 12 December 1983 by Professor Dario Sabbatucci, Professor of History of Religions at the University of Rome.) The services of Church staff are given voluntarily for religious and community purposes and fall outside the purview of employer/employee relationships. (The Magistrate of the Lower Court of Novara, No. 4302/84, 15 March 1985) Activities carried out by the Church are aimed at the dissemination of doctrinal and also religious principles. (Tax Court of First Instance of Monza, No. 1410/1990, 27 March 1990, Appeal of Luciano De Marchi) Scientology seeks to achieve an inner and outer freedom, one that transcends the human, one that belongs to the field of spiritual things and that moves up to infinity; the progress towards realization of the force concerning infinity and God is the characteristic that shows Scientology to be a religion and a Church. (Trento Court of Appeals Criminal Division, No. 726/84 Bolzano, No. 267/87 Bolzano, 27 March 1990) Worldwide Court Decisions Page 6 It can indisputably be asserted that one is dealing with a religion [Scientology]. Dianetics and Scientology unfold through activities that are absolutely not in conflict with the provision of Article 19 of the Constitution, according to which "all men have the right to freely profess their religious beliefs in any form, individually or collectively, to promote them and to exercise -- in private or in public -- the worship thereof, except when they conflict with public morals." (Trento Court of Appeals Criminal Division, No. 726/84 Bolzano, No. 267/87 Bolzano, 27 March 1990) The various practices of Dianetics and Scientology when applied to parishioners are instruments of religious instruction and are the adopted road to salvation. (Tax Court of First Instance of Torino, No. 0734, 20 September 1990) That the Association "Dianetics & Scientology Institute" is of a religious nature is evident from its faith in the conquest of evil. It is evident also from a missionary's necessity to proselytize in order to disseminate a religious idea. (Tax Court of First Instance of Como - Sixth Section, 21 February 1991) The National Association of the Church of Scientology of Italy is a religious association. (Tax Court of First Instance of Milano, No. 12580 12581/1988, 15 April 1991) The activity of the association essentially consists of the propagation of its religious philosophy by means of (among other things) courses held and books sold. It pursues a philosophical and religious purpose. (Tax Court of First Instance of Lecco, No. 948/91, 19 April 1991) The religious nature of Scientology is determined through the theoretical and salvational content of its teachings, the rites practiced and the ecclesiastical type organization in which it is formed. (Tax Court of First Instance of Novara, Decision No. 1510/91, 11 December 1991) When applied to followers of the creed, the practices of Scientology are instruments of religious education and the chosen way to salvation. (Tax Court of First Instance of Novara, No. 1510/91, 11 December 1991) It is an undisputed fact that the books and courses of Scientology do concern the in-depth development of the Scientology religion as founded by L. Ron Hubbard. The books present a philosophical theory possessing religious Worldwide Court Decisions Page 7 background, which is the foundation of a church that has expanded into many countries with millions of followers. The courses assist these people in rising up along different grades and levels of in-depth study of the religion, the peculiarities of which do not in any way detract from the religious values professed. Acknowledgments of this can be found in the numerous texts and affidavits submitted. Neither do the contents of the texts indicate speculative ends in the teachings, since the validity of the whole subject is confirmed by the doctrinal development of the religion. (Tax Court of First Instance of Verona, No. 165/4/92, 14 May 1992) The underlying religious nature of Scientology may not be questioned, either by the Tax Office or by the Court. The message of the Church is clearly religious. (Tax Court of First Instance of Verona, No. 165/4/92, 14 May 1992) The Church of Scientology Monza is a religious establishment which has the purpose of disseminating the principles contained in the works of Lafayette Ronald Hubbard. (Tax Court of First Instance of Monza, No. 597, 25 February 1992) The Church of Scientology of Monza is recognized as a religion. (Tax Court of First Instance of Milano, No. 210, 28 April 1993) SOUTH AFRICA Scientology has very definite religious characteristics and is in fact a religion. (Professor G.C. Oosthuizen, Master of Arts, Master of Sacred Theology, (New York), Doctor of Philosophy (South Africa), Doctor of Theology (Amsterdam). Head of Dept. of Science of Religion, University of Durban-Westville, Natal, South Africa, 1975) Scientology is by no means merely a functional discipline, but is a religion which upholds the vital importance of man's state of being. (Professor G.C. Oosthuizen, Master of Arts, Master of Sacred Theology, (New York), Doctor of Philosophy (South Africa), Doctor of Theology (Amsterdam). Head of Dept. of Science of Religion, University of Durban-Westville, Natal, South Africa, 1975) The Church of Scientology of South Africa is a religious body and exempt from importation tax. (Letter from the Department of Finance Controller of Customs and Excise, Johannesburg, 28 April 1993) Worldwide Court Decisions Page 8 SWEDEN Scientology clearly holds a belief in a God, the Supreme Being, and that the true nature of God will be revealed by spiritual revelation. (Report on the Scientology religion by Olle Hjern, theologist, clergyman and Chairman of the Association of Religious History at Stockholm University, 13 January 1978) USA A prima facie case exists that auditing is a practice of Scientology, and that accounts of auditing integrated into the general theory of Scientology are religious doctrines. (U.S. Court of Appeals for the District of Columbia, 5 February 1969, Founding Church of Scientology D.C. v. United States) The duties and functions of Church of Scientology's ministers are similar to those of the clergy of other religious denominations. Their ministers hold services every Sunday, officiate at funerals, christenings and weddings, counsel their parishioners, and conduct confessionals. Their course of study includes instruction in the basic tenets of their Church and its system of ethics, and on the methods of counseling parishioners as to their personal, spiritual and ethical affairs. (U.S. Court of Appeals for the Second Circuit, 16 June 1969, Petition of Aaron Barr for a Writ of Habeas Corpus) The Church is a religious institution protected by the First Amendment. (U.S. District Court, District of Columbia, 30 July 1971, United States v. Article or Device, etc., 333 F.Supp. 357 (1971)) The Church is a bona fide religious organization which meets these criteria: has been incorporated under the laws of many of the States of this country; is a world-wide religious organization having a distinct legal existence; a recognized creed and form of worship; a definite and distinct ecclesiastical government; a formal code of doctrine and discipline; a distinct religious history; a membership, not associated with any other church or denomination; officers ministering to their congregation, ordained by a system of selection after completing prescribed courses of training; a literature of its own; established place of religious worship; religious congregations and religious services; a Sunday school for the religious instruction of the young; schools for preparation of its ministers, who in addition to Worldwide Court Decisions Page 9 conducting religious services, perform marriage ceremonies, bury the dead, christen children, and advise and instruct the members of their congregations. (U.S. Department of Justice, Immigration and Naturalization Service, 19 October 1972, In the Matter of June Margaret Lake) The Church of Scientology is a religious denomination having a bona fide organization in the United States. (Letter from Stephen A. Dobrenchuk, Chief, Public Services Division Visa Office, U.S. Department of State, 30 December 1974) Scientology is a religious organization in the fullest sense of the word. It has a well-thought-out doctrine, a system of worship and liturgy, an extensive pastoral counseling program and an outreach ministry of service to the community. Such a full program is rarely attained by a new religion in its first generation. ( Letter from Gordon Melton, Ph.D., Director of The Institute for the Study of American Religion and minister of the United Methodist Church, 4 January 1979)