Piercing the Religious Veil of the So-Called Cults (original) (raw)

2013, Pepperdine Law Review

Since the horror of Jonestown, religious cults have been a frequent subject of somewhat speculative debate. Federal and state governments, and private groups alike have undertaken exhaustive studies of these "cults" in order to monitor and sometimes regulate their activities, and to publicize their often questionable tenets and practices. The author offers a comprehensive overview of these studies, concentrating on such areas as recruitment, indoctrination, deprogramming, fund raising, and tax exemption and evasion. Additionally, the author summarizes related news events and profiles to illustrate these observations, and to provide the stimulus for further thought and analysis as to the impact these occurrences may have on the future of religion and religious freedom. 1. As a portion of this comment's title suggests, there is great difficulty and reluctance in characterizing and defining those groups whose beliefs may be considered less traditional or out of the mainstream of orthodox theology. In addition, the "church" itself is generally not as accepted, or as established, as what might be considered the conventional religions such as; the Buddhist, Catholic, Islamic, Jewish, or Protestant faiths. Many terms and adjectives, some of which include sect, cult, anti-establishment religion, unconventional, and bizarre, have been used to identify and classify such groups. The significance of this problem of terminology and semantics will be addressed later as it is often determinative whether constitutional protection is to be afforded a particular group. See notes 173-77 infra and accompanying text. It should also be noted that many cults take issue in not being classified a bonafide religion and find any label such as cult to be derogatory and discriminatory. However, in light of the ongoing debate of religion versus cult as a legitimate legal issue, and for ease of clarity and uniformity of discussion, the popular term, cult, will be used herein whenever reference is made to one of these groups. 2. Historically, periods of unusual turbulence are often accompanied by the emergence of cults. Following the fall of Rome, the French Revolution and again during the Industrial Revolution, numerous cults appeared in Europe. The westward movement in America swept a myriad of religious cults toward California. In the years following the Gold Rush, at least 50 utopian cults were estabished here. Most were religious and lasted on the average about 20 years; the secular variety usually endured only half that long.