A federal judge dismissed the suit (PDF) Tuesday brought by Stephen Cavanaugh, who is serving a 4- to 8-year term on assault and weapons charges at the Nebraska State Penitentiary. US District Judge John Gerrard ruled that "FSMism" isn't a religion like the ones protected under the Constitution.
"The Court finds that FSMism is not a 'religion' within the meaning of the relevant federal statutes and constitutional jurisprudence. It is, rather, a parody, intended to advance an argument about science, the evolution of life, and the place of religion in public education. Those are important issues, and FSMism contains a serious argument—but that does not mean that the trappings of the satire used to make that argument are entitled to protection as a 'religion,'" the judge ruled. (PDF)
For the uninitiated, Judge Gerrard gives some explanatory background on Pastafarianism:
In his lawsuit, the inmate sought $5 million and claimed he has "several tattoos proclaiming his faith" and demanded that prison officials afford his "faith" the "ability to order and wear religious clothing and pendants, the right to meet for weekly worship services and classes and the right to receive communion." Corrections officials determined FSMism was a parody religion and rejected his requests. (The religious clothing at issue is "a pirate costume," the judge notes.)
According to the ruling:
Nebraska, in seeking to have the case dismissed, told the judge that there was no constitutional violation. "The essence of this action," the state wrote, "is that prison officials believe the Plaintiff is not sincere in his religious beliefs about a flying lump of spaghetti that first created 'a mountain, trees, and a midget.'"
(For the link, click here)
THE MILLENNIAL CATHOLIC:
You see, atheists? Courts are NOT buying your FSM claim. They understand it for the garbage that we know it is, and if you had any brains, you'd realize it too.