Thank the Higher Power for the First Amendment
Jacob Sullum | September 12, 2007, 12:14pm
Last week the U.S. Court of Appeals for the 9th Circuit joined several other federal and state courts in ruling that compulsory A.A. attendance runs afoul of the Establishment Clause. The case involved Ricky Inouye, a meth addict on parole in Hawaii who was ordered to attend Alcoholics Anonymous/Narcotics Anonymous meetings and was sent back to prison because he refused, saying the program clashed with his Buddhist beliefs. "For the government to coerce someone to participate in religious activities strikes at the core of the Establishment Clause," the unanimous three-judge panel said, noting that "reverence for 'a higher power' is a substantial component of the AA/NA program." (A.A., which insists "we're not religious but spiritual," took no position on the ruling.) Not only were Inouye's rights violated, the 9th Circuit said, but his parole officer, Mark Nanamori, did not deserve qualified immunity for his role in returning Inouye to prison, since "the vastly overwhelming weight of authority on the precise question in this case held at the time of Nanamori's actions that coercing participation in programs of this kind is unconstitutional."
A PDF of the 9th Circuit decision is available here. The addiction expert (and lawyer) Stanton Peele, who discussed the First Amendment implications of coerced A.A. participation in reason back in 2001 (the same year Inouye's parole was revoked), notes that "compulsory 12-step participation is still standard practice around the country."
KenK | September 12, 2007, 1:14pm | #
Today's "Freethought of the Day" seems to have a better "prayer" for me:
I believe that religion, generally speaking, has been a curse to mankind--that its modest and greatly overestimated services on the ethical side have been more than overcome by the damage it has done to clear and honest thinking.
I believe that no discovery of fact, however trivial, can be wholly useless to the race, and that no trumpeting of falsehood, however virtuous in intent, can be anything but vicious. . .
I believe that the evidence for immortality is no better than the evidence of witches, and deserves no more respect.
I believe in the complete freedom of thought and speech . . .
I believe in the capacity of man to conquer his world, and to find out what it is made of, and how it is run.
I believe in the reality of progress.
But the whole thing, after all, may be put very simply. I believe that it is better to tell the truth than to lie. I believe that it is better to be free than to be a slave. And I believe that it is better to know than be ignorant.
-- Mencken's Creed, cited by George Seldes in Great Thoughts
http://www.ffrf.org/day/
Anonymous | September 12, 2007, 3:37pm | #
"-Its a Christian religious ceremony complete with the lords prayer"
The lords prayer doesn't specifically mention Jesus or any specific deity which is why AA approves of it's use.
"-Its a cult like atmosphere"
I'm not really sure how you define that. I don't think it's any more of a cult atmosphere than a comic book convention or a political meetup.
"-Due to the lowering of the DUI limits to .8 AA meetings are being flooded with new people and long time "participants" are non to happy about it"
This is true although AA's official position is to have no position. I generally don't like people in our meetings who don't want to be there. When I would lead meetings I always signed the court cards at the beginning of the meetings instead of the end. I also told those guys that they didn't have to stay if they didn't want to. Some left and most stuck around to listen.
"-you never graduate - I met people who have attended weekly meetings over 30 years"
People who go to AA for an extended period of time go because they want to, not because they have to. It is not school. Meetings are a social network where people help each other stay away from alcohol.
"-most have other issues that they are not getting help for (the comment "dude - you are drinking all the time because you are gay and won't acknowledge it - so here is the address to three gays bars" got me in a little bit of trouble)"
As opposed to all the perfectly healthy and sane people walking around with no "issues" in their life.
"-the meetings don't work"
My 13 years of sobriety disagrees with you.
"-there are no statistics kept on whether or not it works because -ya know- their "anonymous""
Would you prefer a state sponsored program funded by tax dollars that audits results and then decides it needs more tax dollars every year?
"-they are not really "anonymous""
Explain what this means.
AA is a private organization that is completely not for profit and has absolutely no opinion on anything. It doesn't take any government money and certainly doesn't make an kind of "deals" with the court system. AA puts up with court cards because that's what the courts want. That's all there is to it. It's not like AA is making any sort of effort to recruit members by using the court system.
The reason AA puts up with court card attendees is because it can't object to them. That is it's policy on everything. I would think libertarians would appreciate an organization like this as opposed to state sponsored rehab facilities or "drug court" boondoggles.