Federal Judge Rules: Pastafarianism Isn’t a Religion, It’s a Parody

Pastafarianism

A federal judge recently dismissed the case of an inmate in a Nebraska prison, who had demanded that prison officials accommodate his worship of the Flying Spaghetti Monster (FSM), saying the deity is not part of any religion but a riposte of intelligent design. The inmate in question, Stephen Cavanaugh, who has been sentenced to a four to eight year term at Nebraska State Penitentiary for assault and weapons charges, had filed his lawsuit in September 2014, demanding that the worship of FSM, also known as Pastafarianism, be given the same status as other established religions.

“I would like a court order mandating that FSMism receive the same rights and privileges afforded to every other religion in the Department of Corrections. I would also like the defendants to be made to pay damages of the $350 filing fee, $5,000,000 pain and suffering and punitive damages,” Cavanaugh had written in his lawsuit.

While dismissing Cavanaugh’s case on April 12, United States District Judge John Gerrard ruled that Pastafarianism does not qualify as a religion such as those safeguarded by the American Constitution.

“The Court finds that FSMism is not a ‘religion’ within the meaning of the relevant federal statutes and constitutional jurisprudence. It is, rather, a parody, intended to advance an argument about science, the evolution of life, and the place of religion in public education. Those are important issues, and FSMism contains a serious argument — but that does not mean that the trappings of the satire used to make that argument are entitled to protection as a 'religion,'” wrote Gerrard in his 16-page-long decision. “Nor, the Court finds, has Cavanaugh sufficiently alleged how the exercise of his 'religion' has been substantially burdened. The Court will grant the defendants' motion to dismiss.”

In his ruling, Gerrard also detailed the history of both intelligent design and Pastafarianism. According to his ruling, the concept of intelligent design maintains that the Earth’s ecosystem displays complexities suggesting intelligent design by a master intellect but it does not necessarily imply that the designer in question is a deity.

“FSMism is a riposte to intelligent design that began with a letter to the Kansas State Board of Education when it was considering intelligent design…The Gospel of the Flying Spaghetti Monster 111-13 (2006) (FSM Gospel). The primary criticism of intelligent design — and the basis for excluding it from school science classes — is that although it purports to be 'scientific,' it is actually 'an interesting theological argument' but 'not science,'” explained Gerrard. “The conceit of FSMism is that, because intelligent design does not identify the designer, its 'master-intellect' could just as easily be a 'Flying Spaghetti Monster' as any Judeo Christian deity — and, in fact, that there is as much scientific evidence for a Flying Spaghetti Monster as any other creator… As the FSM Gospel explains, '[w]e are entering into an exciting time, when no longer will science be limited to natural explanations… Propelled by popular opinion and local government, science is quickly becoming receptive to all logical theories, natural and supernatural alike.'”

While asking prison officials to give him the same rights as other believers, including the option to order and don religious clothing and accessories, the permission to meet for weekly worship services and classes and the consent to receive communion, Cavanaugh had argued that he has publicly declared his religious faith in FSM for several years and also bears many tattoos proclaiming his belief in Pastafarianism. When prison officials rejected his requests repeatedly, saying Pastafarianism is nothing more than a parody religion, Cavanaugh felt insulted and decided to sue them in their official as well as individual capacities by seeking injunctive relief and money damages.

After examining the arguments put forward by Cavanaugh to support his case, Gerrard wrote, “The Court concludes Cavanaugh has failed to state a claim under RLUIPA or under the state or federal constitution that is plausible on its face… Specifically, he has failed to allege facts showing that the defendants have substantially burdened a religious exercise, or that the defendants' conduct violated his constitutional rights. And Cavanaugh's claims for money damages are barred by sovereign or qualified immunity. Cavanaugh's complaint will be dismissed.”

FSM was the revelation of a physics graduate student Bobby Henderson, who objected to the Kansas State Board of Education’s decision to teach intelligent design across public schools in 2005.

“I think we can all agree that it is important for students to hear multiple viewpoints so they can choose for themselves the theory that makes the most sense to them. I am concerned, however, that students will only hear one theory of Intelligent Design. I and many others around the world are of the strong belief that the universe was created by a Flying Spaghetti Monster,” Henderson had written at the time.

Pastafarianism has since emerged as a worldwide phenomenon and symbol of protest against organized religion but in favor of the separation of church and state.

Photo Credits: Freethinker (United Kingdom)

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