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School district and The Satanic Temple reach agreement in lawsuit over After School Satan Club (apnews.com)

submitted 11 months ago by [email protected] to c/[email protected]

89 comments fedilink hide all child comments

The American Civil Liberties Union said Thursday that the Saucon Valley School District had agreed to pay $200,000 in attorney’s fees and to provide The Satanic Temple and the After School Satan Club it sponsors the same access to school facilities as is provided to other organizations.

The ACLU filed the lawsuit in March after the district rescinded its earlier approval to allow the club to meet following criticism. The After School Satan Club, with the motto “Educatin’ with Satan,” had drawn protests and even a threat in February that prompted closure of district schools for a day and the later arrest of a person in another state.

Saucon Valley school district attorney Mark Fitzgerald told reporters in a statement that the district denies having discriminated against The Satanic Temple, its club or “the approximately four students” who attended its meetings. He said the district’s priorities were education and the safety of students and staff.

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[–] [email protected] 3 points 11 months ago (1 children)

I’ve called the context the religion was formed in absurd (not a judgement because modern culture is absurd), and said the Church of Satan has effectively called them pussies (it has), but have not called the TST or it’s adherent’s stupid.

It’s all pretty stupid IMO, aside from the way they can mount legal challenges.

I was just surprised you said TST was a pretend religion cause the only way they’re effective in challenging laws is being a real religion, like that’s a harsh way to undermine them.

Undermine them? What?

Okay. I'll accept that I'm undermining them if you show me 1 (one) court case I have lost for the TST by saying they are not a real religion. I'll wait.

The made up definition to amend that statement having no basis in real law is irrelevant.

The definition was from an earlier comment where I explained it. Not my problem you didn't pay attention.

You can’t defend TST and believe they’re pretending

I can, and will.

But okay. Let's say you're correct. Let's say you can only challenge laws and institutions like these by sincerely help religious beliefs.

Show me the test to determine if a belief is sincerely held.

It doesn't matter if your belief is sincerely held or not, the courts have to treat religions equally, which is what the TST is here for.

[–] [email protected] 1 points 11 months ago* (last edited 11 months ago)

Yeah there's actually been interesting stuff around this lately because people have claimed to have sincerely held religious beliefs re: mandatory COVID-19 vaccination exceptions. In cases like that the definitions of "sincerely held" are very relevant and questioned by the court.

Here's some case law where a court found a plaintiff did not hold a religious belief sincerely. I pasted the relevant section here, states actually have definitions around what constitutes religious creeds/religion/sincerely held belief. If you Google these phrases with "case law" you'll find much examples.

The administrative agency charged with enforcing the FEHA, the Fair Employment and Housing Commission, has also enacted a regulation defining “religious creed.” California Code of Regulations, title 2, section 7293.1 (regulation 7293.1), defines “religious creed” as follows: “ ‘Religious creed’ includes any traditionally recognized religion as well as beliefs, observations, or practices which an individual sincerely holds and which occupy in his or her life a place of importance parallel to that of traditionally recognized religions.” Consistent with regulation 7293.1, plaintiff argues that his commitment to a vegan lifestyle occupies a place in his life parallel to that of traditionally recognized religions. Regulation 7293.1, by its express terms, reflects the notion that religious creed extends beyond traditionally recognized religions to encompass beliefs, observations, or practices occupying a parallel place of importance “to that of traditionally recognized religions” in an individual's life. As will be discussed later, that concept of religion originates from two United States Supreme Court cases involving conscientious objection to military service-United States v. Seeger (1965) 380 U.S. 163, 164-188, 85 S.Ct. 850, 13 L.Ed.2d 733, and Welsh v. United States (1970) 398 U.S. 333, 335-344, 90 S.Ct. 1792, 26 L.Ed.2d 308.

Some more reading:

https://www.callaborlaw.com/entry/defining-sincerely-held-religious-beliefs-that-might-excuse-mandatory-covid-19-vaccination

https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination#h_9546543277761610748655186

https://www.sfchronicle.com/sf/article/Nearly-200-S-F-police-staff-want-religious-16486136.php

https://casetext.com/case/malnak-v-yogi (long but gets in to all kinds of religious tests applied by court system and the corresponding law)