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Appeals court says requirement to attend AA unconstitutional
San Francisco Chronicle ^ | 9/8/7 | Bob Egelko

Posted on 09/08/2007 3:55:50 PM PDT by SmithL

Alcoholics Anonymous, the renowned 12-step program that directs problem drinkers to seek help from a higher power, says it's not a religion and is open to nonbelievers. But it has enough religious overtones that a parolee can't be ordered to attend its meetings as a condition of staying out of prison, a federal appeals court ruled Friday.

In fact, said the Ninth U.S. Circuit Court of Appeals in San Francisco, the constitutional dividing line between church and state in such cases is so clear that a parole officer can be sued for damages for ordering a parolee to go through rehabilitation at Alcoholics Anonymous or an affiliated program for drug addicts.

Rulings from across the nation since 1996 have established that "requiring a parolee to attend religion-based treatment programs violates the First Amendment," the court said. "While we in no way denigrate the fine work of (Alcoholics Anonymous and Narcotics Anonymous), attendance in their programs may not be coerced by the state."

The 12 steps required for participants in both programs include an acknowledgment that "a power greater than ourselves could restore us to sanity" and a promise to "turn our will and our lives over to the care of God as we understood Him." They also call for prayer and meditation.

Friday's 3-0 ruling allows a Honolulu man to go to trial in a suit on behalf of his late father, Ricky Inouye, who was paroled from a drug sentence in November 2000.

A Buddhist, he objected to religiously oriented drug treatment in prison, sued state officials over the issue and told Hawaii parole authorities just before his release that he would object to any condition that included a treatment program with religious content.

(Excerpt) Read more at sfgate.com ...


TOPICS: Front Page News; Government; Politics/Elections
KEYWORDS: 9thcircus; activistjudge; addiction; alcoholicsanonymous; antigod; goodruling; ninthcircuit; recovery; rehab; ruling; soon2boverruled
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1 posted on 09/08/2007 3:55:51 PM PDT by SmithL
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To: SmithL

looks like the 9th got one right


2 posted on 09/08/2007 3:58:03 PM PDT by stylin19a (Go Bears !)
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To: SmithL

and defensive driving courses, rehab programs and half way houses are all unconstitutional too. as a matter of fact any and all punishment including probation is unconstitutional. so sayeth the high and mighty circus


3 posted on 09/08/2007 3:59:46 PM PDT by GeronL
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To: stylin19a

lol. by accident? nope, they just hate God.


4 posted on 09/08/2007 4:00:18 PM PDT by GeronL
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To: SmithL
As usual the atheistic 9th court is paranoid and gets it WRONG again. Stupid court for stupid people.
5 posted on 09/08/2007 4:00:54 PM PDT by nmh (Intelligent people recognize Intelligent Design (God) .)
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To: GeronL
Why bother to punish anyone?

Any punishment should be unconstitutional.

Right?

;)

6 posted on 09/08/2007 4:01:55 PM PDT by nmh (Intelligent people recognize Intelligent Design (God) .)
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To: SmithL

“When Inouye was arrested for trespassing in March 2001 and tested positive for drugs, his parole officer, Mark Nanamori, ordered him to attend a Salvation Army treatment program that included participation in Narcotics Anonymous meetings, the court said.

Inouye showed up but refused to participate, dropped out after two months, and, for that and other reasons, was sent back to prison in November 2001 for violating his parole.”
________

The drugs and “other reasons” are not offensive to his personal religious beliefs however, just the drug treatment with the higher power references.


7 posted on 09/08/2007 4:05:05 PM PDT by Lovebloggers
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To: SmithL; stylin19a
In fact, said the Ninth U.S. Circuit Court of Appeals in San Francisco

Stopped reading right there. The most overturned circus in American history is a bad joke, and no, they didn't get anything right. And I am not a theist.

8 posted on 09/08/2007 4:05:15 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: stylin19a

Maybe, but it sure wasn’t this one.


9 posted on 09/08/2007 4:06:43 PM PDT by SmithL (I don't do Barf Alerts, you're old enough to read and decide for yourself)
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To: SmithL

Another 9th reversal coming.....


10 posted on 09/08/2007 4:08:55 PM PDT by expatpat
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To: GeronL

The hospital and health care system is part of the justice system and rehab can be court ordered. However other rehab programs exist that are not religious affiliated and can be ordered without violating that Amendment. It’s nearly to the point of ludicrous, but there it is.


11 posted on 09/08/2007 4:10:10 PM PDT by RightWhale (It's Brecht's donkey, not mine)
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To: SmithL
Looks like the 9th is "sending a signal" telling us what their real problem is ~ not leftwing politics, nor bad ju-ju, nor sexual abnormalities ~ no, jus' plain old bunch of juicers and they don't like AA worth a darn.

A sober bunch of judges could recognize that AA is neither a religion nor a church. So could sober Freepers!

12 posted on 09/08/2007 4:12:49 PM PDT by muawiyah
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To: RightWhale
the hospital and healthcare system is a part of the justice system?? huh??

oh brother. I really wish I could go mine an asteroid far far far away

13 posted on 09/08/2007 4:13:28 PM PDT by GeronL
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To: stylin19a
So, you're saying that society is better off locking up an offender, on the taxpayer's dime, rather than giving *him* the option of attending meetings that encourages a 15 second verbalization of an acknowledgment of a higher power?

Oh, and it, the meat of the meeting, that is, might actually help over come the socially undesirable behavior to drive drunk?

14 posted on 09/08/2007 4:14:26 PM PDT by Calvin Locke
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To: nmh

pretty soon going to jail will be unconstitutional.


15 posted on 09/08/2007 4:15:06 PM PDT by donnab
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To: SmithL

Fine - it you can’t put them in rehab then just forgo probation and make them serve their entire sentence in jail.


16 posted on 09/08/2007 4:16:40 PM PDT by joebuck
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To: RobFromGa

Ping


17 posted on 09/08/2007 4:16:43 PM PDT by stratman1969 (This space for rent)
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To: stylin19a

I’ve recently read that 12-step programs have a low success rate and wonder if that indicates that the higher power is not as high as once believed.


18 posted on 09/08/2007 4:20:07 PM PDT by Misterioso (By being Muslim, without a respect for my right to life, you are my mortal enemy.)
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To: RightWhale

Perhaps the 9th would care to explain who “GOD” is. I she Buddha, Allah, Jehovah, or any number of other god’s.

After that, maybe they can explain to the rest of us how that idea promotes one religion or prohibits the free exercise thereof.

The First Amendment to the United States Constitution is a part of the United States Bill of Rights. It prohibits the federal legislature from making laws that establish religion (the “Establishment Clause”) or prohibit free exercise of religion (the “Free Exercise Clause”), laws that infringe the freedom of speech, infringe the freedom of the press, limit the right to assemble peaceably, or limit the right to petition the government for a redress of grievances.

http://en.wikipedia.org/wiki/First_Amendment


19 posted on 09/08/2007 4:22:46 PM PDT by crazyshrink
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To: joebuck

Best solution of them all.


20 posted on 09/08/2007 4:23:08 PM PDT by ontap (Just another backstabbing conservative)
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