Human Trafficking and the Church of Scientology: Why the Legislature Should Clarify and Expand the Tvpa and the Impact It Would Have on the Church
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HUMAN TRAFFICKING AND THE CHURCH OF SCIENTOLOGY: WHY THE LEGISLATURE SHOULD CLARIFY AND EXPAND THE TVPA AND THE IMPACT IT WOULD HAVE ON THE CHURCH John S. Yi1 I. INTRODUCTION “Practice what you preach.” The Church of Scientology (herein- after “Church”) claims to be a champion of the Universal Declara- tion of Human Rights2 for more than fifty years by sponsoring “the largest non-governmental information campaign to make the Uni- versal Declaration of Human Rights known the world over.”3 While the Church attempts to spread awareness of the Universal Decla- ration of Human Rights across the world,4 allegations swirl of hu- man rights violations being committed by the Church,5 causing one 1. Associate New Developments Editor, Rutgers Journal of Law and Reli- gion; J.D. Candidate May 2014, Rutgers School of Law – Camden. 2. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, http://www.un.org/en/documents/udhr/history.shtml (last visited Dec. 12, 2012). The Universal Declaration of Human Rights was adopted by the United Nations General Assembly in December of 1948, guaranteeing the rights of humans all over as a response to the atrocities stemming from World War II. Id. 3. SCIENTOLOGY, http://www.scientology.org/activity/human-rights/human- rights.html?video=hr_intro (last visited Dec. 12, 2012). 4. Id. The Church distributes human rights materials to over eighty-two nations. Id. 5. LISA MCPHERSON, http://www.lisamcpherson.org/ (last visited Dec. 12, 2012). Lisa McPherson was admitted to a hospital on November 18, 1995 for psy- chological care, but was checked out by members of the Church. Id. On December 5, 1995, Lisa McPherson arrived at a hospital, but was pronounced dead on arri- val. Id. The coroner’s report found Lisa McPherson to be underweight and severe- ly dehydrated. Id.; Andre Tabayoyon Aff., Aug. 19, 1994, available at http://www.ronthenut.org/tabayoyo.htm. Andre Tabayoyon, a Vietnam War vet- eran, provided testimony about the Church of Scientology in a sworn affidavit about members being subjected to psychological techniques meant to drive them insane. Id.; Joe Childs and Thomas Tobin, Ex-Clearwater Scientology Officer Debbie Cook testifies she was put in ‘The Hole,’ abused for weeks, TAMPA BAY TIMES, Feb. 10, 2012, available at http://www.tampabay.com/news/scientology/ex- clearwater-scientology-officer-says-church-leader-miscavige-ordered/1214690. Debbie Cook testified that she was forcibly placed in two doublewide trailers where the windows were covered with bars, the exits were manned by security guards, the floors were infested with ants, and the power was intermit- 249 250 RUTGERS JOURNAL OF LAW & RELIGION [Vol. 14 to wonder who or what will serve as a champion of human rights against the Church itself. Two former Scientologists, the Headleys, filed a claim6 against the Church for violating the U.S. Trafficking Victims Protection Act (hereinafter “TVPA” or the “Act”),7 but were denied their day in court by the Ninth Circuit. The scope of the language in the TVPA needs to be clarified and expanded to allow former members of the Church and others similarly situated to turn towards the courts as their champion of basic human rights. This article will describe the organizational structure of the Church and the experiences that the Headleys were subjected to while members of the Church. Next, an analysis of the TVPA will be conducted devoting specific attention to the statutory language concerning the Forced Labor Statute included in the Act. Follow- ing the analysis of the TVPA, this article will look at how the Ninth Circuit artificially erected requirements in the Act that are not present while failing to consider elements of the Forced Labor Statute that are explicitly written when making the determination that the Headleys did not assert a sufficient claim under the TVPA. Finally, this article will offer suggestions as to how the text of the TVPA should be clarified and expanded to include the expe- riences of the Headleys and others who are or have been similarly situated within the Church in order for the full intent of the Stat- ute to be realized. II. BACKGROUND A. Origins of Scientology and the Sea Organization The Church, established in the 1950s8 has been the subject of numerous controversies over the course of the last half-century.9 tently turned off at peak temperatures throughout the day for a period of seven weeks. Id. 6. Headley v. Church of Scientology Int’l, 687 F.3d 1173 (9th Cir. 2012). The Headleys “contended that the Church . violated the Act by causing them to believe that they could not leave the ministry or that they would face serious harm in doing so.” Id. at 1178. The Ninth Circuit held that the Headleys did not offer enough evidence to show that their labor was obtained “by means of” serious harm, threats, or other improper methods to satisfy the statutory language of the Trafficking Victims Protection Act. Id. at 1179. 7. Trafficking Victims Protection Act, 22 U.S.C. § 7101 (2000). 8. What is Scientology?, SCIENTOLOGY, http://www.scientology.org/what-is- scientology/scientology-background/the-beginning-of-scientology.html (last visited Dec. 12, 2012). 2012] HUMAN TRAFFICKING & SCIENTOLOGY 251 The purpose of the Church is to “transform individual lives and the world [by creating a] civilization without insanity, without criminals and without war, where the able can prosper and honest beings can have rights, and where man is free to rise to greater heights . .”10 This is accomplished through the teachings of L. Ron Hubbard in his book Dianetics,11 which proposes that there are two distinct parts of the mind.12 The “reactive” part of the mind records, accurately, all of an individual’s painful memories in the form of mental images.13 These mental images are known as en- grams, and the objective of Dianetics is to remove the engrams from a person’s reactive mind, eliminating the reactive part of the mind altogether.14 Once the reactive part of the mind has been re- moved, a person is free from the negative effects that the reactive mind can cause achieving a state known as “Clear.”15 Attaining the state of Clear is not only the goal of Scientology, but also a prereq- uisite for individuals wishing to be a part of the upper echelon of the Church.16 The Sea Organization (hereinafter the “Sea Org”) was estab- lished in 1967, and is referred to by the Church as a religious or- der “composed of the singularly most dedicated Scientologists. [who have been] entrusted to minister the advanced services of 9. Roger Friedman, Actor Jason Beghe: Scientology Is ‘Brainwashing’, FOX NEWS (Apr. 16, 2008), http://www.foxnews.com/story/0,2933,351426,00.html (claiming that the purpose of Scientology is to create a “brainwashed, robotic version of you”); Sarah Collerton, Scientology Insider’s Nightmare Childhood, ABC NEWS (Mar. 17, 2010), http://www.abc.net.au/news/2010-03-12/scientology- insiders-nightmare-childhood/362772?section=justin (documenting former Scien- tologist’s claim that the Church is guilty of child slavery, forced abortions, and physical violence). 10. Lawrence Wright, The Apostate: Paul Haggis vs. the Church of Scientolo- gy, THE NEW YORKER, Feb. 14, 2011, available at http://www.newyorker.com/reporting/2011/02/14/110214fa_fact_wright?currentPa ge=all. 11. L. RON HUBBARD, DIANETICS: THE EVOLUTION OF A SCIENCE (Bridge Publi- cations, Inc. 5th ed. 2007). 12. What is Dianetics?, SCIENTOLOGY, http://www.scientology.org/what-is- dianetics/basic-principles-of-scientology/the-parts-of-the-mind.html (last visited Dec. 12, 2012). 13. Id. 14. Wright, supra note 10. Engrams are “the source of nightmares, insecuri- ties, irrational fears, and psychosomatic illnesses.” Id. 15. Dianetics, SCIENTOLOGY, http://www.scientology.org/what-is- dianetics/basic-principles-of-scientology/the-clear.html (last visited Dec. 12, 2012). “Becoming Clear strengthens a person’s native individuality and creativity and does not in any way diminish these attributes.” Id. 16. Wright, supra note 10. 252 RUTGERS JOURNAL OF LAW & RELIGION [Vol. 14 Scientology.”17 The Sea Org has over six thousand members who each sign billion year contracts promising service to the Church.18 “The Sea Org demands much of its members, renders strict disci- pline, imposes stringent ethical and lifestyle constraints, and goes to great efforts to retain clergy and to preserve the integrity of the ministry.”19 Discipline is seen as critical to “preserving the integri- ty of Scientology’s ministry.”20 The Church places several re- strictions on Sea Org members: censoring mail, monitoring phone calls, and placing a prohibition on having children.21 Leaving the Sea Org can be established in one of two ways, routing out or blow- ing out.22 Routing out consists of formally withdrawing from the order through a process of filling out a form and attending Scien- tology ethics programs.23 A member who chooses to leave the order through the process of routing out is allowed to remain in good standing within the Church, as opposed to a member who chooses to leave the Sea Org by blowing out.24 Blowing out is a practice where a member chooses not to undertake the formal procedures of leaving the Sea Org, and when this occurs, other members of the Sea Org will attempt to locate the member to persuade him or her to return.25 Upon return, the member is subject to discipline or excommunication, ceasing all interactions with other members of the Church, including family members.26 17. Church Management, SCIENTOLOGY, http://www.scientology.org/faq/church-management/what-is-the-sea- organization.html (last visited Dec. 12, 2012).