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Protecting Pastafarians: When Does Religious Freedom Become Ridiculous?

Posted: 07/14/11 01:57 PM ET

While doing my daily routine of scanning religious freedom articles, I came across a rather striking headline: "'Pastafarian' Wins Religious Freedom Right to Wear Pasta Strainer for Driving Licence."

To save you the effort of reading the original story, essentially a guy in Austria got the pasta strainer head piece in his official photo identification on grounds of religious freedom. Pastafarianism, according to Wikipedia, is known as the Church of the Flying Spaghetti Monster, which was founded in 2005 "when Oregon State physics graduate Bobby Henderson wrote an open letter about a 'Flying Spaghetti Monster' as a satirical protest against the decision by the Kansas State Board of Education to permit the teaching of intelligent design as an alternative to evolution." But what happens if his pasta strainer became a yarmulke or a hijab?

This raises a very interesting question about what constitutes absurdity when it comes to religious freedom. Obviously, putting a pot on your head and claiming allegiance to a hovering pasta dish best described as a punch-line to a joke doesn't warrant religious freedom protection. While religious freedom is an essential component to a democratic and free society, most would find this to be too ridiculous to warrant protection.

"But isn't all religion absurd?" Even if my opinion is a clear "no," the diversity of perspectives blurs the line between sanctity and silliness. The slightly older faith tradition of Rastafari (whose adherents prefer not to be referred to with "-ism") apparently crosses the line of what's protected under religious freedom. Rastas, numbering only in the hundreds of thousands, recognize Haile Selassie I as God incarnate, and believe that marijuana is a gateway to spiritual enlightenment. Yet, this practice is not protected under religious freedom, limiting the religious practice of this community. While one can recognize the pragmatic aspects of rejecting a religious exemption, including the likelihood of every pothead in America claiming Rastafari observance, this still should trouble us that a religious practice can be prohibited even when practitioners are not hurting themselves or one another.

So then religious drug use is out, right? Then why was the Religious Freedom Restoration Act of 1994 passed? This law allows the use of peyote, mescaline rendered from cactus, to be used by Native Americans in their ceremonial traditions. Clearly psychedelics are considered higher class drugs than marijuana, so why are freedoms granted to one religious community and not the other?

Constitutionally, we value diversity of opinion in America, and everyone -- from conservative to liberal, Christian, Jew, Muslim, Hindu and non-religious -- cherishes the protections we each have to dress, act, think and speak differently. If we must err in one direction between absurd and restrictive, I would have to embrace the absurd. Regardless of how I feel about the Flying Spaghetti Monster, I know that even if everyone considered my own faith tradition as inane, I would demand my right to express my faith freely.

Few would argue that religious freedom should protect the ability to hurt others, ourselves or society at large. As an example, no one can get away with murder by claiming that human sacrifice is part of their religious expression. But what about practices which could be considered by outsiders as ludicrous, and even illegal? While intention plays a significant role, I question whether a governmental body effectively can and ethically should rule on what is fair game for religious freedom. In the short term, I think that means I'll need to put up with more kitchen wear apparel in official identification cards.

 

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hornedcog
Tax Tea Now!
11:18 AM on 07/23/2011
Layered with cheese and half baked, our laws reflect the tepid spirit dished out by the courts which have been bought and sold on a silver platter.
12:13 PM on 07/21/2011
Whilst I agree with your (apparent) final premise that government has to allow (or disallow) it all or get into the slushy gray area of defining 'worthy' religion, I'll still disagree with some of your points:

--- 'Obviously, putting a pot on your head and claiming allegiance to a hovering pasta dish best described as a punch-line to a joke doesn't warrant religious freedom protection.'

Yeah, because older religions make SO much more sense.

I'm sorry, but your definition of 'sanctity' over silliness appears to stem entirely from what you, personally, find ridiculous.

As someone who places empirical evidence and science in much higher standing than religion (and with that, the concept of not believing in the supernatural 'by default' until proven false), all modern religions are also ridiculous to me, and more than a little offensive.

Drug use is drug use. Hats are hats. Allow them, or do not, but leave the supernatural out of it.
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Harbinger08
You have the right to remain silent
06:40 PM on 07/19/2011
If something is legal in the context of a religious practice it should be legal for everyone. And unless there is an overriding reason for the greater public good, the rights of the people in their freedoms should not be infringed or restricted. The burden of proof as to the greater public good should fall on the government to prove. This is something we have very little left of in our society. The government has become the king.
09:09 AM on 07/19/2011
I have a big problem with any government deciding what does and does not constitute valid religious practice. As long as they cause no harm (i.e., human sacrifices are bad), then I'm fine with them. Anyway, you'll be thrilled to know that yours is the featured article on our site today. http://nudehippo.com/index.php/2011/07/19/thats-between-you-and-your-god/
01:07 AM on 07/18/2011
Rastas, numbering only in the hundreds of thousands, recognize Haile Selassie I as God incarnate, and believe that marijuana is a gateway to spiritual enlightenment.

Where do I sign up? And, do I get to wear a spaghetti strainer on my License picture here in the US?
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HUFFPOST SUPER USER
UnderTheHedgeWeGo
Show me some evidence.
12:27 PM on 07/16/2011
There is an overall assumption in this argument that the government has the ultimate say in what an individual can and cannot do. "I'm a representative of the government and I say you can't were a spaghetti strainer on your head". Why not?
02:54 PM on 07/18/2011
agreed. who cares if this Austrian wants to wear a spaghetti strainer on his head? why is this a problem?
12:19 PM on 07/21/2011
I'm pretty sure it was because ordinarily people are asked to remove headgear for official photographs, to allow easier identification from them.

Governments should leave religion alone. If headgear interferes with identification too much, then prohibit all headgear from ID photos. If exceptions can be made for the religious, then there is obviously no need for the requirement in the first place, so allow headgear for all, with nothing but a stated required percentage of the face showing.
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KrautMan
Carpe jugulum
04:05 AM on 07/16/2011
Ridiculousness is one of the key-components of every religion all over the planet, so why discriminate against Pastafarians?
02:55 PM on 07/18/2011
exactly, at least when they eat the body of their lord it is delicious! lol
04:37 PM on 07/15/2011
"But isn't all religion absurd?" Even if my opinion is a clear "no," the diversity of perspectives blurs the line between sanctity and silliness.

There is no line between sanctity and silliness; it is a continuum so that no matter how far you go in either direction there is both a measure of sanctity and a measure of sillies in all such observances. It is just the proportions that change.
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whirlpool
founder walnut tree congregation
02:03 PM on 07/15/2011
Unicornism is a religion too but we don't want to be recognized in order to keep the Baptists out. I am the only human--the rest of the congregation consists of a walnut tree, squirrels, a goldfish, finches, sparrows and a unicorn named Jack. Jack likes beer for the sacrament instead of wine but most of the others like seeds.
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Barbara Graham
Comin at u from Area 5150
04:05 PM on 07/15/2011
Unicornism is the only religion in which sexual abstinence is not only a moral directive, but also a necessity of practice.

You must be a virgin. Otherwise, Jack would not be pleased.
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whirlpool
founder walnut tree congregation
04:36 PM on 07/15/2011
Nonsense. Jack visits a pink unicorn in Seattle from time-to-time. I am married to a Catholic and I have grandkids.
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FreeSwingingSoul
Searching more into my core
01:49 PM on 07/15/2011
I'm an athiest, but even so I am a supporter of most religions. Sure, there are negative aspects of religions. But most things in life have pros & cons. And I realized that it doesn't matter if a person's beliefs are true or not. All that matters is whether their beliefs make them strive to be a better person or not. And most religions have this "striving to be good" theme at their core. So to me, it's not really what one BELIEVES that is important. It's how those beliefs make someone ACT that is important.
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TheWM
aka The Wrong Monkey
02:08 PM on 07/15/2011
I think it matters whether or not beliefs make sense. Not that I believe in any sort of perfection in this regard. I think our minds are rather feeble and fragile and error-prone at best. But there are more rational and less rational worldviews, and religious worldviews have led to all sorts of horrible things for thousands of years now, and they still are. I say, the evidence is in, and it's bad. Very bad.

I don't think you can force people to be more sensible, which is the mistake made by Leftist leaders from Robespierre to Pol Pot, the favorite atheist boogymen of those believers who believe that we have to believe in order not to be wicked. You can only try to persuade others to look at things in a more rational way.
03:52 PM on 07/20/2011
critical thinking isn't really a celebrated attribute of the religious.
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TheWM
aka The Wrong Monkey
01:36 PM on 07/15/2011
If it isn't ridiculous, it isn't religion. Ridiculous, thoroughly senseless beliefs are hindering the progress of science, denying many children decent educations, creating safe havens for child molesters (and not just among Catholics), causing wars, pushing this country to the brink of a thoroughly senseless self-inflicted economic disaster through default, and on and on. The Pastafarians are laughing to keep from crying at the ridiculous and tragic state of this world where billions of people still have their heads way, way up their a**es. I got the joke they were making right away. I'm very tired of them now, in the way I would be very tired of even the best joke if I had heard it thousands of times, but that doesn't mean that I don't get the joke or disagree with the point the joke makes.

I'm not sure whether you, Mr Fredericks, really get the joke. You, and billions of others. And that is so sad that I have to be on the side of the Pastafarians, even though they are just as annoying as a joke I've heard 5.000 times.
11:27 AM on 07/15/2011
I think most religious people are secretly embarrassed and frightened at how easy it is to form a religion. If you can create a religion without any "divine" influence, that opens the door to the possibility ALL religions are created by people, because there is no God.
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HUFFPOST COMMUNITY MODERATOR
way2sunny
01:35 PM on 07/15/2011
Look at scientology, a "religion" that's a self-help program and some vague stuff about aliens -- god doesn't figure into it much, if at all. Yet it's recognized as an actual religion.
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Ghostberry
All empty souls tend toward extreme opinions.
03:16 PM on 07/15/2011
Don`t forget the Amway style cash making component.
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TheWM
aka The Wrong Monkey
09:41 AM on 07/17/2011
"I think most religious people are secretly embarrasse­d and frightened at how easy it is to form a religion"

Maybe it's the other way around: maybe it's very difficult to embarrass some religious people, because they're incapable of taking a step back from their mores habits and preconceptions and examining them objectively.
DrSnuggles
You label me and I'll label you
09:25 AM on 07/15/2011
Regardless of the unimportance of whether or not someone wears a pasta strainer on their head, it shouldn't be protected; because Pastafarianism can be in no way construed as a religion. There are no beliefs; of course there is the Flying Spaghetti Monster and the Purple Oyster of Doom but it's a stretch to surmise that anyone actually BELIEVES in these things. Granted, 'Talk Like a Pirate Day' is an awesome holiday. I can't think of anything that is more 'faux' religion, even Discordianism has a grain of true belief within it.

As for your interpretation of RFRA (which was deemed unconstitutional, but nevermind), it's very simple - because of the first amendment - no act which is deemed criminal to the general populace can be deemed non-criminal to a select few based on beliefs. It's really that simple.
10:21 AM on 07/15/2011
What is your criteria for determining that it isn't a religion?

Is there objective criteria or is just your subjective view?
DrSnuggles
You label me and I'll label you
11:28 AM on 07/15/2011
I may have mispoke when I said "can be in no way construed as a religion" - I should have said "can be in no way construed as a religion FOR THESE PURPOSES." From my own merely subjective viewpoint I would be inclined to call Pastafarianism a religion, even if I don't particularly think anyone believes in it's tenets because it has become more and more a community of people.

However, when we are talking about religious freedom we are talking about what can be considered a religious belief under the law; an objective standard. Pastafarianism I don't think could be, anymore than PETA or Greenpeace. The Supreme Court relies on what is called the Sherbert Test;

-whether the person has a claim involving a sincere religious belief, and
-whether the government action is a substantial burden on the person’s ability to act on that belief.

The original ruling has been somewhat mollified over the years, but the basic tenets still hold. Does a Pastafarian sincerely believe in the FSM? Probably not. If a Pastafarian does sincerely believe in the FSM do they believe that its imperative to wear a pasta strainer in an identification photo? Unless you prove to me that this gentleman wears the pasta strainer at all times, I think we can satisfactorily say no.
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Ytrus
''it's a map''
09:14 AM on 07/15/2011
The only difference between Pastafarianism and other traditions is, that Pastafarians know it's a joke.
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ZenGardner
This is NOT the Zen you're looking for.
09:54 AM on 07/15/2011
Ramen!
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HUFFPOST SUPER USER
ZenGardner
This is NOT the Zen you're looking for.
07:53 AM on 07/15/2011
I guess my first though was "Why do you care if someone wears a pasta strainer on their head? Is he hurting you?"

Oh, I get that your a religionist, and that it offends you when people make fun of your religion. The whole tone of your article, while trying to play nice with the idea of religious freedoms is one of disdain for it. You even end this with "In the short term, I think that means I'll need to put up with more kitchen wear apparel in official identification cards."
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Frankie Fredericks
09:41 AM on 07/15/2011
I'd say you hit the heart of the issue exactly. That's my point: It doesn't matter how I feel about it, I need to learn to take a joke about my religion or religion at large, because it's better that, then to have the government try to make those decisions, and ultimately put my own religious freedom at risk.

Also, in a non-legal sense, no matter how silly I find something, someone can easily call an aspect of my faith silly. I ought to acknowledge that.
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ZenGardner
This is NOT the Zen you're looking for.
11:15 AM on 07/15/2011
Wow. It took almost an hour for this response to get posted. I didn't know the HP bloggers were also subject to those-who-shall-not-be-named (aka mods).