Malnak v. Yogi

In Malnak v. Yogi (3d Cir. 1979) 592 F.2d 197, the question before the court was as follows: "This appeal requires us to decide whether the district court erred in determining that the teaching of a course called the Science of Creative Intelligence Transcendental Meditation (SCI/TM) in the New Jersey public high schools . . . constituted an establishment of religion in violation of the first amendment of the United States Constitution." The court of appeals, in a per curiam opinion, affirmed the district court's judgment. Circuit Judge Adams filed a lengthy concurring opinion in which he proposed a modern definition of religion based on three indicia. ( Malnak v. Yogi, supra, 592 F.2d at pp. 207-210.) Judge Adams stated the question presented as "whether a particular belief-system should be considered a religion for first amendment purposes," and asked, "how far the constitutional definition of religion extends beyond Theistic formulation . . . ." ( Id. at p. 203.) In an attempt to determine when a belief "occupies a place in the life of its possessor parallel to that filled by the orthodox belief in God of one who clearly qualifies for the exemption" ( United States v. Seeger, supra, 380 U.S. at p. 166 85 S.Ct. at p. 854), Judge Adams identified three indicia of religion. Judge Adams identified the first prong of the religion test as follows: "The first and most important of these indicia is the nature of the ideas in question. This means that a court must, at least to a degree, examine the content of the supposed religion, not to determine its truth or falsity, or whether it is schismatic or orthodox, but to determine whether the subject matter it comprehends is consistent with the assertion that it is, or is not, a religion." ( Malnak, 592 F.2d at p. 208.) The second test was identified by Judge Adams as follows: "Thus, the 'ultimate' nature of the ideas presented is the most important and convincing evidence that they should be treated as religious. Certain isolated answers to 'ultimate' questions, however, are not necessarily 'religious' answers, because they lack the element of comprehensiveness, the second of the three indicia. A religion is not generally confined to one question or one moral teaching; it has a broader scope. It lays claim to an ultimate and comprehensive 'truth.' " ( Malnak, 592 F.2d at pp. 208-209.) The final criteria was described by Judge Adams was follows: "A third element to consider in ascertaining whether a set of ideas should be classified as a religion is any formal, external, or surface signs that may be analogized to accepted religions. Such signs might include formal services, ceremonial functions, the existence of clergy, structure and organization, efforts at propagation, observation of holidays and other similar manifestations associated with the traditional religions. Of course, a religion may exist without any of these signs, so they are not determinative, at least by their absence, in resolving a question of definition. But they can be helpful in supporting a conclusion of religious status given the important role such ceremonies play in religious life." ( Malnak, 592 F.2d at p. 209.)