On January 28th 2010 the Ninth Circuit Court of Appeals basically screwed the Church of Reality issuing a memorandum decision. As the founder of the Church of Reality I’m fairly pissed off about it. What the courts often do is to clear out the case load by letting law clerks decide cases using memoradum decisions and signing the judges name to it. That way the judges only deal with the cases the law clerks find interesting.

This is especially true of cases where the party is doing it themselves and is not a lawyer. They think that we aren’t smart enough to figure out when we’re getting screwed so they can blow us off easilly. And usually they are correct, but not with me.

The case is not over. I am going to file a motion for rehearing en banc, and I’m in the process of sending a letter to the chief judge of the court Alex Kozinski. The letter is to get their attention so that I might get some due process when they consider it. I need some public attention and public scrutiny to get a real decision out of the court.

This is a First Amendment case which under the Religious Freedom Restoration Act requires the Strict Scrutiny standard of review. It is also a case of first Impression. This is the first case to be reviewed since the UDV case of 2006 where the Supreme Court decided that religions could have schedule 1 drugs. Both sides have admitted that this is the first case. It is not the kind of case that should be disposed of with memorandum. It requires a real opinion. This was a go fuck yourself kind of decision.

The decision is an incomplete decision that relies on a statement taken out of context that I, Marc Perkel, founder of the Church of Reality somehow admitted that we can get along just fine without the use of marijuana. I made no such admission, and it is not the case. If not for marijuana there would be no Church of Reality.

I hereby challenge the legal community to read the decision and read the briefs and you tell me if you think this is a real opinion or you think I got screwed by some back room law clerk that wanted to clear cases out of the file so that the judges don’t have to be bothered. Below are links to the documents filed and the opinion.

Links:

DEA Rejects the our Request for Exemption

Opening Brief

Respondents Brief

Reply Brief

Memorandum Decision of the Ninth Circuit

DEA Denies Church of Reality Request of Exemption

Petition for Rehearing

Motion for new Panel

I am in the process of asking for rehearing. I would appreciate all the help I can get to at least get a regular opinion in this case. I realize that they might still rule against me. But I want a decision that at least makes sense.

vs. the Drug Enforcement Agency …

Over the religious use of Marijuana.

The Church of Reality just received a scheduling order from the Ninth Circuit Court of Appeals challenging the final decision of the DEA denying the Church of Reality, a religion based on believing in everything that is real, its application to get a religious exemption for use of Marijuana by church members.

In 2006 the Supreme Court decided a landmark case allowing a religion to use a hallucinogenic tea for religious purposes that contain DMT, a schedule 1 drug, under the Religious Freedom Restoration Act. A few weeks later the Church of Reality applied for a religious exemption based on a similar set of facts to the diversion control division of DEA. DEA took the application seriously and did an evaluation and finally on October 1st, 2008 denied the application. Federal law specifies that the Federal Court of Appeals has original jurisdiction over final decisions of the DEA and Church of Reality founder Marc Perkel (yep – that’s me) filed a petition for review.

The Church of Reality is the first case that the DEA processes under the new rules set out by the Supreme Court in 2006. Unlike other religious use of marijuana cases the Church of Reality is a real religion that wasn’t concocted for the purposes of getting around marijuana laws. The connection between the church of Reality and Pot is that the founder was stoned when he came up with the idea and is often stoned when writing the Church of Reality doctrine. Other than that – the Church of Reality is about reality and is dedicated to the evangelizing of the importance of making reality part of your life.

The Church of Reality is currently looking for assistance and ideas for those who are versed in first amendment law and paralegals to help do research to prepare briefs. People with such skills should contact Marc Perkel. This is also under reported news so spread the word.

Additionally I am looking for personal information on members of Congress regarding their personal credit card spending. Since Congress is now trying to require that credit card companies turn over your purchase records to the government I think it’s time that we spy on them to see where members of Congress are spending their personal money.

This sort of spying is outrageous. I am in stunned disbelief that members of Congress would even consider such a law. It is as if they are wiping their asses with the Bill of Rights. I don’t know any other way to get their attention other than having it happen to them so they can know what it’s like to be spied on. So even if this is illegal sometime it is necessary to break the law in order to restore the law. If they are going to let the telecoms to break the law then why can’t we do it?

When the president breaks the law he should be impeached rather than having Congress retroactively bless his illegal acts. This decision sends a message to future presidents that if you break the law then Congress will cover up for you. It also sends a message to big corporations that if the President and members of Congress asks them to conspire with them to break the law that they will receive immunity. This encourages corporations to break the law and them rewards law breaking.

Besides covering up the wrongdoing of the President it also covers up the wrongdoing of members of Congress who knew Bush was breaking the law and conspired with him through their silence. These members are complicit in acts of treason to the Constitution and they are just protecting their own asses in this immunity bill.

If you have the personal cell phone numbers of members of Congress please forward them to me so that we can contact them directly about what we think about them selling out our freedoms.

Furthermore Congress is working on a new bill requiring credit card companies to turn over your purchasing records to the government. So in order to make Congress feel our pain I’m asking The People to dig through the trash of members of Congress and publish their credit card information.

I think they should pass a law requiring anyone who is going to run for Congress pass a written test to see if they actually read and understand what the Constitution says. How can they swear to uphold the Constitution if they haven’t even read it?

As the founder of and member of the Church of Reality I’m claiming a religious exemption from federal law on the basis of our sacred religious principles under the Religious Freedom Restoration Act (RFRA). Government spying on our church members violates our Sacred Principle of Personal Privacy and under our Principle of Activism we have to take a stand on this issue.

Let’s stop the illegal wiretapping – Challenge to candidates

The Bush administration has again authorized illegal wiretapping of our phones. He has the cooperation of the phone companies who Congress he wants Congress to give immunity to. The vote essentially authorizes the President to break the law. Nixon must be spinning in his grave to not hav thought of it. Here’s the article:

http://www.reuters.com/article/newsOne/idUSN2229053420080224

Tying this into the election. Many of you have a different opinion as to who should be president. A say let’s put them to the test. I will support the candidate who can show the kind of leadership necessary to be president. I want to challenge all the presidential candidates to be the one who draws the line in the sand and tells Bush that we will not allow him to break the law. I’m going to be sending the message to press@hillaryclinton.com, and contributions@hillaryclinton.com. I don’t have email addresses for the other candidates, but if someone come up with some I’ll pass it on. Can’t find an email address on the Obama site.

Oh – and – you can also pick up the phone and call them. If someone has some inside phone numbers or inside email addresses let me know and I’ll pass them on to you.

What I want is for someone to be the leader. That Clinton or Obama lead the Democrats and make them vote against immunity for the phone companies. And I’m not just talking that they should vote against it, I’m saying that they can distinguish themselves from the other candidates by taking a stand, leading their party, and winning this fight. Same thing on the Republican side. McCain, Huckabeee, or Ron Paul can step forward and demand that the Republicans oppose this bill and kill it.

So I’m asking each and every one of you to spread this challenge as far and wide as you can but in particular target your favorite candidate with this message of challenge. Use your powers as leader to rally the people for law and order. If for example Obama called on his cult followers to storm the whitehouse and demand that the rule of law applies to everyone then he wins. Same thing for Hillary. This is the chance for one of them in articular to actually stand for something and distinguish themselves on the basis of courage, something that in my opinion neither on has shown. Hillary is rightly accused of having judgment problems. Obama is rightly accused of being just talk. Both are true. This is thier chance to settle this once and for all. And whoever is first wins.

A President has to be a leader and if they can’t lead their own party then how are they going to lead a nation is a time of crisis? Which ever one makes it happen will win the election. So – those of you who support Obama, he’s your big chance to finish her off. Those of you who support Hillary, here’s her chance to show she has the experience and good judgment to lead. Everyone talks change, but who can make it happen?

Please bombard the candidates with this. Thanks in advance for making it happen.

About Reality

I’m beginning to think Reality is a word that some people are very uncomfortable with. It’s like talking about death and sex. Very heavy denial. But reality is something wonderful and the more I learn the more fascinating it is. There’s nothing more interesting to me than reality. But we need to find ways to get people used to talking about reality and being reality positive. Reality is our friend. Because if not for reality none of us would have a reality to be real in. Many religions teach that this “material world” is some sort of sinful place and that this world (reality) should be ignored. We need to write new software for the collective mind and make reality something that we all respect. Respect Reality – Hey! I like it! Someone put it on a t-shirt!

Marc Perkel
First One
Church of Reality
“A single email can change the course of human history”

In contrast, most other religions are polyrealistic. They believe in multiple realities. Realities that can only be experienced by emotions generated by the imagination. They are taught to turn their back on what they call the “material world” which is associated with being evil and believing instead in the “spiritual world” and other worlds of the imagination.

But there is only one true reality and that reality is the sum of everything that actually is real. Polyrealism is a cheat. It like saying that there are other realities that aren’t part of reality and because they are part of a “different reality” you can’t prove they don’t exists because they are untestable. They call this “faith” but in that context it’s really a call to reject reality. To accept faith is to turn your back on the real world and put your imagination ahead of existence. To be a Realist is to turn your back on your imagination and put reality first. And that’s what makes the Church of Reality different from all other religions.

I’ve made some new videos that I uploaded to You Tube and Google Video. As usual they are crudely produced. Just me and my web cam but I think they get the point across.

The Faith Paradox
Monorealism
And – my rant on global warming and population control.

More are coming.

Monorealism also accepts the Sacred Principle of Scrutiny in that we apply the principles of science to determining what is and isn’t real. We might believe something is true that we can’t prove because we don’t know everything. But if we believe in something it’s because we have a reason to believe it’s real. it’s because we have some evidence, or a theory based on logic, or some mathematical model where at least the math works (string theory).

Monorealism excludes faith in that everything we believe in is subject to scrutiny. We have accepted that if we are proven wrong that we will change our minds. Faith excludes scrutiny and if you accept something based on faith then you are expected to continue to believe it no matter what.

Realists experience the world through understanding. We rely on logic, reason, wisdom, and scrutiny as the foundation of our beliefs. In contrast beliefs that require emotions and the imagination are not considered to be reliable.

We are monorealists who believe in monorealism because of our monorealistic point of view. Who likes this idea?

I also want to throw out another term I call “The Faith Paradox”. Two people from two different religions are in a room who both believe different things that are mutually exclusive. That can not both be right, but they can both be wrong. both have accepted their position based on faith which can’t be questioned. You are a realist listening to the claims of these two people. How do you determine who is correct?

For example, many Christians claim that you can only get to Heaven through Jesus. Muslims claim that you can only get to Heaven through Mohamed. Since both used the word “only” they are mutually exclusive. Since both want to convert me them how do I determine which one will get me to Heaven, if there even is Heaven?

The question really is – which one is real? How do we determine that using faith. Do we wait for the deity to speak to our heart (ie. use our emotions and imagination)? But both of these people did that can came to conflicting conclusions. One or both perhaps were influenced by Satan. But since each religion has a billion people then at least a billion of them failed to get accurate information using faith as a tool to determine reality. As an outside observer I would have to conclude that if I made my decision based on faith that there is at least a 50% chance that I will be wrong.

So – how does one determine the truth between two conflicting world views based on faith? Perhaps both people could pray to their deities and then have a contest with swords and the one who is victorious is the one with the stronger deity? But they’ve been running that test for centuries and the results are inconclusive. So what is left? The only way they can really determine who is correct is to turn to reality.

If one can prove scientifically that they are right then they win. But anything proven scientifically is part of the real world, the physical universe that does not require faith. So if people who have conflicting faiths want to determine what is real then they have to come home to reality.

So – let’s just skip the faith crap and start with reality? Ultimately they have to come to us bacause reality isn’t something that you can ignore forever. Reality doesn’t go away when you stop believing in it. Faith is like kicking a rock and imagining that you are punishing the rock when you are only hurting your own foot. It’s not about what you believe in, it’s about what’s real. Ultimately is about the one reality that we all share. That’s why I’m a monorealist.

Marc Perkel
First One
Church of Reality
“We believe in the one true reality!”

Additionally the FRC is dumping their exclusive relationship with Republicans. They are currently “praying about it.”, waiting for God to give then the go ahead to get in bed with the Dems.

So – the question is – what’s the trick. I want to know what he means by “a way around that”. What is that all about? Is there a Christuan Coop in the works to take the Supreme Court by deceptions and trickery? What are evangelicals plotting this time?

God is by definition supernatural.
To be supernatural you must be outside of the natural world.
Supernatural and Natural are mutually exclusive.
Anything that can be scientifically proven is part of the natural world.
Therefore anything supernatural can not be scientifically proven.
Therefore God can not be scientifically proven.
Therefore any scientific proof that God is supernatural must by definition fail.
Since God by definition must be supernatural to exist, then the existence of God can not be proved by science.
If God were proved by science then it would be part of the natural world and therefore not God.

BTW – this is a trap to get believers to think about reality. We in the Church of Reality believe that the more you use logic the more you will reprogram your brain to think about reality. Thinking undermines faith. If you think about this it might cause you to question what you believe. You are hereby warned not to risk your immortal soul by thinking about this. God prefers people who don’t think over people who do because people who don’t think have an easier time of believing without questioning than people who do think.

“We are Atheists”, claims Marc Perkel, founder of the Church of Reality. “Yet we have developed a stronger and more sophisticated set of moral values than religions that are supposedly inspired by omnipotent deities. If these deities actually exist then why can’t they keep up with the Atheists? We in the Church of Reality clearly understand that legalizing torture is clearly wrong and we are willing to take a strong position against it. The Theists however seem to be confused and unclear about if torture is right or wrong. We in the Church of Reality are challenging believers to pray about it to see if their God is as wise as we mortal Realists are.”

Perkel admits that part of the reason his edict is so provocative is to inspire debate within the theistic world and get them inspired to take a position against Bush’s plan to legalize secret torture camps in foreign countries who allow torture. “We in the Church of Reality are strongly against this and we are trying to get the attention of our fellow religions to get on board with this issue.”, says Perkel. “We want them to share in the glory of doing good things for the human race.”

In the edict the Church of Reality vows to remember the lessons learned from the concentration camps set up by the Nazis in Germany during World War II and sees Bush’s torture camps as a dangerous first step in that direction. “This looks like the Holocaust to me”, says Perkel who was raised Jewish. “Judaism never impressed me much. But I do remember seeing people with numbers tattooed on their forearms from being Hitler’s prisoners. What amazes me is why the Jews aren’t ahead of me on this.”

Here is a link to the new edict challenging religions to decree torture to be imoral.

http://www.churchofreality.org/wisdom/edicts_of_doctrine/

Here is a previous edict denouncing the legalization of torture by the United States:

http://www.churchofreality.org/wisdom/current_event_edicts/

Please feel free to contact me. I will debate any religious leader live on this issue. I ask everyone to spread this challenge to every place you can. Please post this everywhere. We can not afford for America to become the next Nazi Germany.

Marc Perkel
First One
Church of Reality

Case in point – Israel. Even with one of the most advanced cultures on the planet, and having been persecuted and slaughtered themselves, in less that 60 years it is clear that the Jewish state has learned nothing and Israel has more of a desire for war than it has for peace.

Israel treats all non Jews like they are vermin. The rest of us are subhuman and our lives don’t count. When you look at the way Israel treats it’s neighbors and the non Jews within it’s borders it is clear to me that they have formed a mentality that they thing they really are God’s chosen people. Since God is fictional they are at best the chosen people of their own fictional deity. As the founder of the Church of Reality I can claim that we are the chosen people of the Flying Spaghetti Monster but that claim is as fictional as Israel’s claim.

Jews in other countries are more humble and socially adjusted and they are normal productive members of society. They respect other people and they don’t take themselves seriously the way Israeli’s take themselves.

When I listen to what the country of Israel is saying they have no regrets about the number of Lebanese they kill and these other people are in the way of Israel’s goals. Israel complains about kidnapping of it’s people but when they kidnap 1/3 of the Palestinian Parlament they call them “detainees”. Like Islamic terrorists Israel has its own death squads that hunts down and kills people who don’t support their agenda, including their own leaders like Yitzhak Rabin.

The problem isn’t with Judaism itself as much as it is with the idea of having a society with a superior class and an inferior class. It creates the illusion that they are actually better people and it create an imbalance that tends to lead to war as the oppressed rise up against the oppressors.

For a culture that is over 5000 years old you would think that after being both oppressed and oppressor that the Jews would get it. However – they don’t.

What is the solution? I don’t know. But the solution has to be a government in the region where all people have an equal standing. The state of Israel as a Jewish homeland where Jews hold superior status must end. This is true of Islamic states and Christian states as well.

Now I have to figure out who’s going to kill me first for this opinion. Will it be Jewish, Islamic, or Christian death squads?