Turner v. Unification Church

• Decision Date: 25 October 1978
• Docket Number: Civ. A. No. 75-0424.
• Parties: Shelley Anne TURNER v. UNIFICATION CHURCH.
• Court: U.S. District Court — District of Rhode Island

473 F. Supp. 367

Shelley Anne TURNER v. UNIFICATION CHURCH.

Civ. A. No. 75-0424.

United States District Court, D. Rhode Island.

October 25, 1978.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

John A. Burgess, Montpelier, Vt., Mitchell S. Riffkin, Providence, R. I., for plaintiff.

William A. Curran, Providence, R. I., David R. Kuney, Washington, D. C., for defendant.

OPINION

PETTINE, Chief Judge.

The plaintiff in this case seeks to invoke this Court's jurisdiction by claiming causes of action under numerous federal statutes, one constitutional amendment, and two Rhode Island common law counts. The defendants have filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) and argue that the plaintiff's numerous and varied counts fail to state a claim upon which relief may be granted; the defendants also assert that this suit is barred by the first amendment of the United States Constitution.

The plaintiff, Shelley Anne Turner, alleges that she was induced to join the Holy Spirit Association for the Unification of World Christianity, commonly referred to as the Unification Church. The Unification Church, whose United States headquarters are located in New York State, was founded by the well known Korean national, Sun Myung Moon. Under the auspices of the Unification Church and its spiritual leader, Reverend Moon, such organizations as the International One World Crusade, Inc. have been incorporated and serve as the proselytizing arm of the Church.

On July 29, 1973, Shelley Anne Turner, aged nineteen, attended an International One World Crusade "rally" at which Reverend Moon spoke. After being induced to join the Unification Church, Turner claims that the defendants Moon, Unification Church, and One World Crusade conspired to hold her in peonage and involuntary servitude. Constant threats against Turner placed her in fear and destroyed her ability to resist the will of the defendants. As a result of this alleged coercion, Turner was forced to work long hours—"often more than 12 hours per day"—of "compulsory service" soliciting money and selling such items as candies, flowers and tickets for Unification Church rallies. For these efforts, Turner apparently received no monetary compensation but was provided with food and shelter. Despite her long hours of service, the defendants allegedly failed to pay contributions on her behalf under the Federal Insurance Contribution Act and intentionally failed to furnish her with a so-called "W-2" statement of earnings. Due to this alleged involuntary servitude, Turner suffered grave physical, emotional, and economic harm; in addition, the defendants' alleged activities resulted in her being deprived of the advantageous relationship of her family's love and affection. This alleged state of affairs continued from the summer of 1974 until mid-1975. After mid-1975, Turner apparently managed to break away from the Unification Church and soon thereafter filed suit in this Court.

For the sake of clarity, the plaintiff's asserted causes of action should be divided into five categories. First, on the basis of her being held in involuntary servitude, Turner claims violations of 42 U.S.C. §§ 1981, 1983, and 1985. Second, Turner seeks to imply a cause of action directly under the thirteenth amendment of the United States Constitution. Third, the plaintiff wishes this Court to imply civil causes of action from federal criminal statutes forbidding peonage (18 U.S.C. § 1581), involuntary servitude (18 U.S.C. § 1583), and the criminal enforcement provisions of the Internal Revenue Code (26 U.S.C. §§ 6674, 7204, 7202). Fourth, Turner alleges a violation of the Fair Labor Standards Act and asserts a cause of action under the civil enforcement provision of that Act (29 U.S.C. § 216). Fifth, the plaintiff alleges a quantum meruit claim for the services she performed for the Unification Church and asserts a tort claim for the alienation of her parents' and friends' affection. Because plaintiff is a resident of Rhode Island and claims damages over ten thousand dollars, she asserts these state claims under the Court's diversity jurisdiction, 28 U.S.C. § 1332.

The above listed causes of action reflect a liberal reading of the plaintiff's somewhat confusing complaint which is especially proper when considering a motion to dismiss. Fed.R.Civ.P. 8(f). And, of course, when considering a motion to dismiss, the plaintiff's factual allegations must be accepted as true. Despite this Court's broad approach to the complaint, this Court is compelled to grant the defendant's motion to dismiss. In ruling on this motion, the Court initially finds that the free exercise clause of the first amendment does not immunize the defendants from causes of action that allege involuntary servitude or intentional tortious activity. Therefore, the plaintiff's pleadings and novel causes of action deserve careful consideration. However, examination reveals, the plaintiff has failed to state any claims upon which relief may be granted.

I.

Despite defendants' assertions, the free exercise clause of the first amendment does not prohibit a court from entertaining this suit. Deciding this case and applying the various cited statutes to the defendants' conduct would not require this Court to test the validity of Reverend Moon's religious beliefs or constitute any other interference with the Unification Church's religious liberty.

The first amendment absolutely protects the holding of any religious belief, no matter how bizarre or irrational. Reynolds v. United States, 98 U.S. 145, 166-67, 25 L.Ed. 244 (1878); Cantwell v. Connecticut, 310 U.S. 296, 303-04, 60 S.Ct. 900, 84 L.Ed. 1213 (1940). Likewise, indoctrination and initiation procedures, conditions of membership and the motivation of one who joins a religious group are usually not subject to judicial review. See United States v. Ballard, 322 U.S. 78, 64 S.Ct. 882, 88 L.Ed. 1148 (1944); United States v. Seeger, 380 U.S. 163, 85 S.Ct. 850, 13 L.Ed.2d 733 (1965). However, the "operational activities" of a religion, those activities that are not solely in the ideological or intellectual realm, are subject to judicial review and may be regulated to achieve a sufficiently important state objective. Prince v. Massachusetts, 321 U.S. 158, 64 S.Ct. 438, 88 L.Ed. 645 (1944) (sale by children of religious literature prohibited); Cox v. New Hampshire, 312 U.S. 569, 61 S.Ct. 762, 85 L.Ed. 1049 (1941) (religious parading without a license prohibited); Reynolds v. United States, 98 U.S. 145, 25 L.Ed. 244 (1878) (Mormon practice of poligamy prohibited). The Supreme Court has recognized that the first amendment's protection of religious liberty "embraces two concepts—freedom to believe and freedom to act. The first is absolute but, in the nature of things, the second cannot be. Conduct remains subject to regulation for the protection of society." Cantwell v. Connecticut, 310 U.S. 296, 303-04, 60 S.Ct. 900, 903, 84 L.Ed. 1213 (1940). Thus, religious operations that endanger public safety, threaten disorder, endanger the health of a member, or drastically differ from societal norms may be regulated or prohibited. Prince v. Massachusetts, 321 U.S. 158, 166-67, 64 S.Ct. 438, 88 L.Ed. 645 (1944); Reynolds v. United States, 98 U.S. 145, 25 L.Ed. 244 (1878). The alleged involuntary servitude is unquestionably an act which has a serious adverse effect upon one of the Church's followers and constitutes conduct that violates the most fundamental tenets of both American society and the United States Constitution. The Unification Church cannot seek the protection of one constitutional amendment while it allegedly deprives citizens the protection of other constitutional guarantees.

II.

Plaintiff Turner asserts causes of action under 42 U.S.C. §§ 1981, 1983, and 1985. Turner's claim under sections 1981 and 1983 can be quickly dismissed. Her claim under section 1985 presents a more serious issue; however, her present allegations are not sufficient to state a claim under that section.

The relevant portion of 42 U.S.C. § 1981 guarantees "all persons . . . the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens . . ." This section does not cover a discriminatory deprivation of a citizen's rights when that discrimination is predicated upon the victim's religion. The United States Supreme Court noted in dicta that section 1981 "is in no way addressed" to discrimination based upon sex or religion. Runyon v. McCrary, 427 U.S. 160, 167, 96 S.Ct. 2586, 49 L.Ed.2d 415 (1976). Relying upon this dicta, federal courts uniformly have continued to limit section 1981 to racial discrimination. See, e. g., Balmes v. Board of Ed. of Cleveland City Sch. Dist., 436 F.Supp. 129, 132 (N.D.Ohio 1977); Enriquez v. Honeywell, Inc., 431 F.Supp. 901, 904 (W.D.Okl.1977); Jones v. United Gas Improvement Corp., 68 F.R.D. 1, 10-15 (E.D.Pa.1975). Despite the lack of an authoritative United States Supreme Court interpretation, the limits of the section have been well defined by precedent. The plaintiff does not allege that any of the defendants' actions were based upon her race. From the little that appears in the complaint, any actions that the defendants took were apparently motivated by other reasons. Because the plaintiff does not assert that the defendants' actions were based upon her race, section 1981 provides her with no protection.

Turner's section 1983 claim is dismissed for the elementary reason that she does not allege a deprivation of rights by one acting under the color of state law. Section 1983, passed under the fourteenth amendment, is only triggered when state action is present. None of the defendants possess the slightest tinge of state color or action; thus, Turner's section 1983 claim must be dismissed.

In contrast to section 1983, section 1985(3) was passed under the thirteenth amendment and is not confined to actions...