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- Sep 30, 2011
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A Nebraska State Penitentiary inmate who said he is a Pastafarian who believes in the divine Flying Spaghetti Monster has lost his federal lawsuit against prison officials who he said failed to accommodate his religious requests.
U.S. District Judge John Gerrard dismissed Stephen Cavanaugh's lawsuit Tuesday, saying "FSMism" is not a religion within the meaning of 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," he wrote.
Gerrard said 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.'"
Nor had Cavanaugh, 24, sufficiently alleged how he had been prevented from exercising his religion, Gerrard found.
In 2014, Cavanaugh filed the federal civil rights lawsuit against the Department of Correctional Services and penitentiary officials, seeking a court order mandating that FSMism receive the same rights and privileges afforded to other religions in the prisons.
He also sought $5 million for his "deep emotional, psychological and spiritual pain" for not being allowed to practice his religion and for staff mocking and insulting his faith.
Inmate loses lawsuit to worship Flying Spaghetti Monster
And no, you don't get $5 million. Just like that.
U.S. District Judge John Gerrard dismissed Stephen Cavanaugh's lawsuit Tuesday, saying "FSMism" is not a religion within the meaning of 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," he wrote.
Gerrard said 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.'"
Nor had Cavanaugh, 24, sufficiently alleged how he had been prevented from exercising his religion, Gerrard found.
In 2014, Cavanaugh filed the federal civil rights lawsuit against the Department of Correctional Services and penitentiary officials, seeking a court order mandating that FSMism receive the same rights and privileges afforded to other religions in the prisons.
He also sought $5 million for his "deep emotional, psychological and spiritual pain" for not being allowed to practice his religion and for staff mocking and insulting his faith.
Inmate loses lawsuit to worship Flying Spaghetti Monster
And no, you don't get $5 million. Just like that.
