Can you sue a religion?
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Dear Aude-Claire Malton,
Your decision to file an official complaint against the Church of Scientology in France has created something of a stir. This week, the Church goes on trial on charges of organised fraud in a case that could lead to the nationwide dissolution of the controversial organisation. The Church’s “celebrity centre” spiritual association and its Scientology Freedom Space bookshop in Paris stand accused of targeting vulnerable people, including yourself, for commercial gain. Six leading members, including the celebrity centre’s director, Alain Rosenberg, also face charges of illegally distributing pharmaceuticals. Even so, much as I loathe and detest Scientology, I have to admit that I’m left rather baffled by this case.
Your lawyers claim Scientologists preyed upon you at a time when you were “very psychologically fragile”, pressuring you into spending €21,000 (£18,000) – your life savings – on products including “purification packs” and vitamins. The investigating magistrate Jean-Christophe Hullin argues you were the victim of a deliberately manipulative system that exploits vulnerable people and he said that the church, which has been glamourised by the likes of Tom Cruise and John Travolta, made a profit by placing individuals in a “state of subjection”. The organisation, he argued, is “first and foremost a commercial business” whose actions reveal “a real obsession for financial remuneration”. In May 1998, you had just emerged from a relationship break-up and were suffering emotional difficulties, only to be approached by Scientologists at the exit of an underground rail station in Paris and offered a “free personality test”. When the test results came back negative, you were apparently persuaded to sign up for “communication” and “life repair” classes. You were then encouraged to buy an array of paraphernalia, including Scientology books and so-called purification packs. Your lawyers say you acquired one product – an “electrometer”, supposedly used to diagnose a member’s mental state – for the French franc equivalent of €700, but the church sold it to you for €4,800; they also say the powers of the reader are “illusory”. Naturally, the church denies any evidence of psychological manipulation and decries what it has called a “carefully orchestrated campaign” by French anti-cult organisations to shut it down. Patrick Maisonneuve, a lawyer for the church, said he would fight every charge.
While some countries, such as the US, consider Scientology a religion, France categorises it as a sect, and the country’s courts have convicted several individuals of fraud over the past decades – most notably its science fiction-writing creator, L Ron Hubbard, in 1978. The trial, which is expected to finish next month, will focus on you as evidence of the church’s alleged fraudulent practice. You were in fact one of several former members to file similar complaints, all of whom Hullin describes as displaying “signs of vulnerablity” and “low self-esteem”. Three of them, however, have since withdrawn after reaching a financial arrangement with church officials. Nevertheless, I’m still not really sure what to make of this case. At what point does ’supporting’ someone turn into ‘exploiting’ them? Religion offers a source of support, comfort and solace to many people around the world every day, so what makes your case any different? When someone is bereaved or sad or lonely, is it not natural for them to look outside themselves for some kind of meaning and purpose? As far as I can see, this all rests on whether you were of sound mind when you made those purchases. People lose money every day buying things they don’t really need and retailers happily take advantage of this. I’m sure that you were upset and feeling low, but if you were clinically in complete control of your actions then I find it hard to see why the Scientologists have defrauded you. Admittedly, real religions would be unlikely to take financial advantage of such a situations, and people get ripped off by stupid adverts on TV or they fall for some dumb special offer on QVC – can they now sue the company for taking advantage of them? I should certainly hope not.
If convicted of the charges, the seven top Scientologists in France face up to 10 years in prison and a fine of €1m. The celebrity centre and bookshop not only face a much larger fine but also run the risk of being shut down completely. In reality, such an outcome would be a long time coming as the church would undoubtedly appeal against a guilty verdict, but I’m still not sure that you deserve to win the case in the first place. Sorry, but I just can’t see how the law was broken. Stupidity is not grounds for compensation. If it was, this country would be even more broke than it already is.
Yours sincerely,
A.Tory
Witanagemot Blogs
Scientology is a business, not a religion. Not all organisations with purported beliefs are necessarily religions – e.g. UK political parties are not religions, but claim to have core beliefs.
One has to look at the thrust of the outcome that the organisation is aiming for, in the eyes of a reasonable man: with Scientology, it’s a con business; no better than the proverbial man threatening your granny at home to cough up cash to pay for unecessary roof repairs.
“Stupidity is not grounds for compensation.”
Well, I think that hasn’t been true in the US for quite some time, and I wouldn’t put money on it being the case here either. Not sure why France should be different…
Scientology is not a religion. Its a bad sci-fi novel masquerading as a religion in order to extract money from those it can convince or brainwash. And I do mean brainwash – they once locked my dad up in their Tottenham Court Road office in an attempt to brainwash him after a ‘personality test’. Force was required to break free.
I think that it should be prosecuted – especially since it is so fond of using lawyers to stifle any criticism of it whatsoever. I also seem to remember that they once got President Clinton to intervene when the German government cracked down on them…
Crush them. Prosecute them and break up the criminal gang the same way we would any other organised crime network.
As I understand it, prosecutors are unconvinced the case will stand up. The magistrate is determined to press ahead anyway according to a report in the Groan.
Scientology does, indeed, use high pressure sales techniques – and anyone who takes the personality test will discover that they need Scientology auditing (quelle surprise). All of this is in the public domain and easily researched, so no one should really go into this with their eyes closed, should they? Then again, people still reply to those nice Nigerian folk who email asking for bank details…
However, again as I understand it, the plaintiff has been reimbursed, which is unusual, the “church” is incredibly resistant when it comes to giving money back. Also, the religion aspect is purely a tax loophole in the US – it is not a religion, it is, at best, cobbled together ideas and philosophies from other sources with a bit of nineteen fifties science fiction thrown in for added spice.
So, bottom line; was this fraud? I don’t think so. High pressure sales, yes, but is that criminal? If you are daft enough to give them your life savings, I would suggest something along the lines of a fool and his money – or am I being deeply cynical here?
John, I also view it as a con but this woman still made a conscious decision to part with her money, even if the goods were grossly overpriced and useless.
Julia, no doubt the Church will use this as their main line of defence – they never forced her to do anything.
Shaun, it was a bad novel as well! Not sure about the criminal side of it – it might be morally criminal, but the legal case doesn’t seem that strong to me.
Longrider, I think you’ve got to the heart of the matter. I’m not sure if there is legislation regarding posing as something that you’re not (e.g. Scientology claiming to be a religion, whereas in France it is considered to be a sect) but short of that, I reckon they’ll get away with it.
“If you are daft enough to give them your life savings, I would suggest something along the lines of a fool and his money – or am I being deeply cynical here?”
Well, if God/Xenu hadn’t wanted them to be sheared, he wouldn’t have made them sheep….
I used to walk past the crazy people with their scientology book shop and ‘personality test’ next to Goodge Street station every lunchtime. The man always looked genuine and almost, I dare say, sensible ao I never realised the whole thing was bonkers. Shaun, I can see how your dad got sucked in. Thankfully I have always been of the opinion that I know my personality better than any test – I have lived with myself for many years!
But I have to agree with LFAT you can’t sue because someone asked you for money and you gave it to them because you were feeling a bit low. All religions have done that since the dawn of time – My Grandmother gave away a good portion of her pension to the Methodisits and think of the rich aristicratic families who would try and buy themselves into heaven by paying monks to pray for them.
I also dislike this cult v. religion distinction. The only thing that makes something a religion from a cult is age – which makes it a bit of a rubbish distinction.
As for praying on the weak – every high street shoe shop and chocolate shop should also be banned from praying on the weak female shopping brain. All those lovely shoes lined up all in an attractive petit size 4 and then you ask for it in a 7 and suddenly that cute shoe looks like a giant should be wearing it! Evil evil shops.