Molko v. Holy Spirit Association for the Unification of World Christianity
Encyclopedia
Molko v. Holy Spirit Association for the Unification of World Christianity is a legal case heard before the California Supreme Court, which issued its ruling regarding the suit in 1988.
represented two former members of the Unification Church
, David Molko and Tracy Leal before the California Supreme Court. Coercive persuasion was connected by the plaintiffs to the legal concept of undue influence
.
An Amicus brief was filed in favor of the Plaintiffs by attorney Paul Morantz
, who specialized in representing persons who claimed they were subject to brainwashing. Morantz served as pro bono appellate counsel and also participated in oral arguments.
and intentional infliction of emotional distress
when they use deception
to cause candidates for recruitment to unwittingly expose themselves to brainwashing techniques. The members of the Unification Church who recruited Molko had lied by denying any religious connection to their recruitment pitch and, when he trusted them, brainwashing him. In a legal opinion written by Justice Stanley Mosk
regarding tactics religious groups use to attract followers, the court found that any burden on the free exercise of religion was outweighed by the state's interest in protecting against "fraudulent induction of unconsenting individuals into an atmosphere of coercive persuasion" because many people exposed to brainwashing techniques without their knowledge or consent would develop serious and sometimes irreversible physical and psychiatric disorders up to and including schizophrenia
, self-mutilation, and suicide
.
Plaintiffs
Lawyer Ford GreeneFord Greene
Aylsworth Crawford Greene III is an American attorney from San Anselmo, California, noted for having successfully conducted litigation against Scientology and alleged cults. Greene is currently the mayor of San Anselmo and a twice-elected San Anselmo town councilman...
represented two former members of the Unification Church
Unification Church
The Unification Church is a new religious movement founded by Korean religious leader Sun Myung Moon. In 1954, the Unification Church was formally and legally established in Seoul, South Korea, as The Holy Spirit Association for the Unification of World Christianity . In 1994, Moon gave the church...
, David Molko and Tracy Leal before the California Supreme Court. Coercive persuasion was connected by the plaintiffs to the legal concept of undue influence
Undue influence
Undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person. It is where free will to bargain is not possible.-Undue influence in contract law:...
.
An Amicus brief was filed in favor of the Plaintiffs by attorney Paul Morantz
Paul Morantz
Paul Morantz is an attorney at law specializing in the prosecution of fanatical cults, religious or otherwise, and their leaders for harmful conduct. He is most recognized for his cases against Synanon, a behavior modification drug rehabilitation group in the 1970s, which attempted to kill Morantz...
, who specialized in representing persons who claimed they were subject to brainwashing. Morantz served as pro bono appellate counsel and also participated in oral arguments.
Court ruling
In 1988, the state high court held that religious organizations may be sued for fraudFraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
and intentional infliction of emotional distress
Intentional infliction of emotional distress
Intentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same...
when they use deception
Deception
Deception, beguilement, deceit, bluff, mystification, bad faith, and subterfuge are acts to propagate beliefs that are not true, or not the whole truth . Deception can involve dissimulation, propaganda, and sleight of hand. It can employ distraction, camouflage or concealment...
to cause candidates for recruitment to unwittingly expose themselves to brainwashing techniques. The members of the Unification Church who recruited Molko had lied by denying any religious connection to their recruitment pitch and, when he trusted them, brainwashing him. In a legal opinion written by Justice Stanley Mosk
Stanley Mosk
Stanley Mosk was an Associate Justice of the California Supreme Court for 37 years , and holds the record for the longest-serving justice on that court. Before sitting on the Supreme Court, he served as Attorney General of California and as a trial court judge, among other governmental positions...
regarding tactics religious groups use to attract followers, the court found that any burden on the free exercise of religion was outweighed by the state's interest in protecting against "fraudulent induction of unconsenting individuals into an atmosphere of coercive persuasion" because many people exposed to brainwashing techniques without their knowledge or consent would develop serious and sometimes irreversible physical and psychiatric disorders up to and including schizophrenia
Schizophrenia
Schizophrenia is a mental disorder characterized by a disintegration of thought processes and of emotional responsiveness. It most commonly manifests itself as auditory hallucinations, paranoid or bizarre delusions, or disorganized speech and thinking, and it is accompanied by significant social...
, self-mutilation, and suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
.
External links
- Case citation, Lawlink
- Legal Analysis of Cultic Cases, International Cultic Studies AssociationInternational Cultic Studies AssociationThe International Cultic Studies Association , formerly the American Family Foundation, describes itself as an "interdisciplinary network of academicians, professionals, former group members, and families who study and educate the public about social-psychological influence and control,...