Parolee can't be forced to attend Alcoholics Anonymous

By Lydia Hailman King, First Amendment Center Online, Sept 19, 2007

Honolulu, Hawaii (USA) -- A federal appeals court has ruled that parolees cannot be ordered to attend Alcoholics Anonymous meetings because religious content in the 12-step program violates the First Amendment’s ban on government establishment of religion.

The case involves plaintiff Ricky Inouye, who was paroled in 2000 from a drug sentence in Hawaii.

In 2001 Inouye was arrested for trespassing and tested positive for drugs. His parole officer, Mark Nanamori, ordered him to attend the Salvation Army’s Addiction Treatment Services program, which required participation in Alcoholics Anonymous/Narcotics Anonymous meetings.

A Buddhist, Inouye objected to the AA/NA meetings for their explicit religious content. He quit the program after a few months, and his parole was revoked.

In 2003 Inouye sued his parole officer, saying Nanamori had violated his First Amendment rights. Inouye died while the case was proceeding, and his son, Zenn Inouye, took over the case as the representative of his estate.

A federal judge in Hawaii ruled against Inouye in a 2005 summary judgment, but on Sept. 7 the 9th U.S. Circuit Court of Appeals in San Francisco reversed the district court’s decision.

Judge Marsha S. Berzon, writing for the unanimous three-judge panel in Inouye v. Kemna, said: “While we in no way denigrate the fine work of AA/NA, attendance in their programs may not be coerced by the state.”

Listed on AA’s Web site, the group’s 12 steps include references to a “Power greater than ourselves” and call for prayer, meditation and a “decision to turn our will and our lives over to the care of God as we understood Him.”

But the organization says it “does not ask its members to hold any formal creed or perform any ritual or even to believe in God,” considering itself a “spiritual program” and “not a religious organization.”

Inouye’s attorney, Walter Schoettle, said the program conflicted with his client’s own religious beliefs.

“The whole basis of the 12-step Narcotics Anonymous program is that you’re helpless,” Schoettle said, “which was the complete opposite of [Inouye’s] religious beliefs. He believed that your own actions, your karma — the positive and negative things in your past — and your own determination and efforts were the only way to get out of an addiction. It was extremely disturbing to him that he was being told the opposite.”

Attorneys for the state and Honolulu, who represented the defendants, did not respond to messages for comment in time for this story.

Other courts have also ruled in favor of plaintiffs’ First Amendment claims in similar cases involving state-ordered participation in AA/NA meetings.

In the 1999 decision Warner v. Orange County Department of Probation, the 2nd Circuit held it was unconstitutional to impose participation in AA/NA as a probation condition. Similarly, the 7th Circuit ruled in 1996 in Kerr v. Farrey that the state could not coerce inmates to participate in a religious program, such as NA.

Meanwhile, an Arkansas woman sentenced last year on misdemeanor drug charges sued a judge who required her to attend NA meetings. A settlement was reached in the case in July, resulting in the woman’s not having to join the 12-step program.

----------------------------
Lydia Hailman King is a University of Mississippi graduate with degrees in journalism, international studies and French.
We Need Your Help to Train the
Buddhist AI Chat Bot
NORBU!
(Neural Operator for Responsible Buddhist Understanding)



For Malaysians and Singaporeans, please make your donation to the following account:

Account Name: Bodhi Vision
Account No:. 2122 00000 44661
Bank: RHB

The SWIFT/BIC code for RHB Bank Berhad is: RHBBMYKLXXX
Address: 11-15, Jalan SS 24/11, Taman Megah, 47301 Petaling Jaya, Selangor
Phone: 603-9206 8118

Note: Please indicate your name in the payment slip. Thank you.


Dear Friends in the Dharma,

We seek your generous support to help us train NORBU, the word's first Buddhist AI Chat Bot.

Here are some ways you can contribute to this noble cause:

One-time Donation or Loan: A single contribution, regardless of its size, will go a long way in helping us reach our goal and make the Buddhist LLM a beacon of wisdom for all.

How will your donation / loan be used? Download the NORBU White Paper for details.



For Malaysians and Singaporeans, please make your donation to the following account:

Account Name: Bodhi Vision
Account No:. 2122 00000 44661
Bank: RHB

The SWIFT/BIC code for RHB Bank Berhad is: RHBBMYKLXXX
Address: 11-15, Jalan SS 24/11, Taman Megah, 47301 Petaling Jaya, Selangor
Phone: 603-9206 8118

Note: Please indicate your purpose of payment (loan or donation) in the payment slip. Thank you.

Once payment is banked in, please send the payment slip via email to: editor@buddhistchannel.tv. Your donation/loan will be published and publicly acknowledged on the Buddhist Channel.

Spread the Word: Share this initiative with your friends, family and fellow Dharma enthusiasts. Join "Friends of Norbu" at: https://www.facebook.com/groups/norbuchatbot. Together, we can build a stronger community and create a positive impact on a global scale.

Volunteer: If you possess expertise in AI, natural language processing, Dharma knowledge in terms of Buddhist sutras in various languages or related fields, and wish to lend your skills, please contact us. Your knowledge and passion could be invaluable to our project's success.

Your support is part of a collective effort to preserve and disseminate the profound teachings of Buddhism. By contributing to the NORBU, you become a "virtual Bodhisattva" to make Buddhist wisdom more accessible to seekers worldwide.

Thank you for helping to make NORBU a wise and compassionate Buddhist Chatbot!

May you be blessed with inner peace and wisdom,

With deepest gratitude,

Kooi F. Lim
On behalf of The Buddhist Channel Team


Note: To date, we have received the following contributions for NORBU:
US$ 75 from Gary Gach (Loan)
US$ 50 from Chong Sim Keong
MYR 300 from Wilson Tee
MYR 500 from Lim Yan Pok
MYR 50 from Oon Yeoh
MYR 200 from Ooi Poh Tin
MYR 300 from Lai Swee Pin
MYR 100 from Ong Hooi Sian
MYR 1,000 from Fam Sin Nin
MYR 500 from Oh teik Bin
MYR 300 from Yeoh Ai Guat
MYR 300 from Yong Lily
MYR 50 from Bandar Utama Buddhist Society
MYR 1,000 from Chiam Swee Ann
MYR 1,000 from Lye Veei Chiew
MYR 1,000 from Por Yong Tong
MYR 80 from Lee Wai Yee
MYR 500 from Pek Chee Hen
MYR 300 from Hor Tuck Loon
MYR 1,000 from Wise Payments Malaysia Sdn Bhd
MYR 200 from Teo Yen Hua
MYR 500 from Ng Wee Keat
MYR 10,000 from Chang Quai Hung, Jackie (Loan)
MYR 10,000 from K. C. Lim & Agnes (Loan)
MYR 10,000 from Juin & Jooky Tan (Loan)
MYR 100 from Poh Boon Fong (on behalf of SXI Buddhist Students Society)
MYR 10,000 from Fam Shan-Shan (Loan)
MYR 10,000 from John Fam (Loan)
MYR 500 from Phang Cheng Kar
MYR 100 from Lee Suat Yee
MYR 500 from Teo Chwee Hoon (on behalf of Lai Siow Kee)
MYR 200 from Mak Yuen Chau

We express our deep gratitude for the support and generosity.

If you have any enquiries, please write to: editor@buddhistchannel.tv


TOP