Religion Facts
The following is the Defendant's Statement of Facts in support of its Memorandum in Opposition to Plaintiff's Motions for Partial Summary Judgment on "First Amendment" and "Religious Freedom Restoration" Defenses, filed with the Arizona Court on November 15, 1995. The Foundation had claimed in the first hearings in the Arizona Court that it wasn't a religious organization and the Urantia Book wasn't a religious book. Judge Urbom ruled that it was (See the Fed Supp).
United States District Court, District of Arizona; No. CIV 91-0325 PHX WKU; Urantia Foundation, Plaintiff, v. Kristen Maaherra, Defendant.
DEFENDANT'S STATEMENT OF FACTS IN SUPPORT OF ITS MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTIONS FOR PARTIAL SUMMARY JUDGMENT ON "FIRST AMENDMENT" AND "RELIGIOUS FREEDOM RESTORATION" DEFENSES
1. Urantia movement is a movement that includes everybody who reads the Urantia Book and believes in it. (T. Kendall Dep., 45:1; Caston Dep., p. 132).
2. Many people have a sincere belief in the Urantia Book as the basis of their religion. (Forsythe Dep. at p. 127; Mullins Aff., 3; P. Johnson Aff., 2; Newbern Aff 1; Kagan Aff., 3; Maaherra Dec., 12).
The Urantia Book
3. The Urantia Book is a meaningful whole constituting the Fifth Epochal Revelation of Truth to Urantia, our planet. (Mundelius Dep., Exs. 12, 14). The Urantia Book is the fifth in a series of major religious revelations to this planet. (Plf's Resp. to Requests for Admission No. 19; C. Weatherford Aff., 1).
4. In the history of the world there have been only five events of religious revelation that are of Epochal significance, they are: (Plf's Resp. to Requests for Admission No. 20).
- a. The Dalamatian Teachings
- b. The Edenic Teachings
- c. Melchizedek of Salem
- d. Jesus of Nazareth
- e. The Urantia Papers.
5. To many Urantians, the Urantia Papers are to their religion, what Jesus Christ himself is to Christianity. That is, the Papers are not merely a book about religion, they are a revelation in textual form, just as Jesus Christ was a revelation in the form of human flesh. (Schaveland Aff., 2).
6. Two thousand years ago, the "Word" was made of flesh (Jesus Christ). Today, the "Word" is made book (The Urantia Book). (Caston Dep., Ex. 45).
7. The Urantia Book is a religious revelation which is considered by many to be a divine revelation. (W. Hales Dep., 16:20, 16:23; Caston Dep., Ex. 48; Forsythe Dep. Ex 16).
8. The Urantia Book teaches that "Truth is Always a revelation: ... epochal revelation when it is presented by the function of some other celestial agency, group, or personality." (The Urantia Book at 1109).
9. The Urantia Book is the "latest gift from God." (Mundelius Dep., Ex. 8).
10. The Urantia Book is an attempt by extra-human personalities to update our whole planet with regard to spiritual affairs and to try to influence events and give the people of this planet spiritual hope. (T. Kendall Dep., 17-18).
11. There are many parallels in Christianity to concepts portrayed in the Urantia Book. The Urantia Book is not an offshoot of Christianity. Rather it is an accurate portrayal of the teachings and religion of Jesus not religion about Jesus. (Caston Dep., Ex. 10; W. Hales Dep., 33-34).
12. The Urantia Book teaches "the religion of Jesus rather than the religion about Jesus." The religion about Jesus which is in the Bible is written by other humans. The Urantia Book is more indicative of what Jesus taught and what he really believed. (W. Hales Dep., 33-34).
13. The Urantia Book's "central theme is that we are the sons and daughters of a heavenly Father who loves us each personally with an infinite love and through faith we can daily experience this ennobling truth, and further it is our supreme responsibility and the source of our highest and continuing joy to seek the Father's will and to strive to do His will in our lives." (Caston Dep., Ex. 47; Forsythe Dep. Ex. 13).
The Spiritual Origin of The Urantia Book
14. The essential facts which explain the origin of the Urantia Book are found in the book itself. (W. Hales Dep., 22:14). This is the most accurate information. (Forsythe Dep., Ex. 15, "The Urantia Book: The Question of Origin," at 1. See the Urantia Book, Dietz Dep., Ex. 4).
15. Neither the Foundation, nor any other human "knows many of the details and specifics regarding the origin of the Urantia Papers." Id.
16. To determine the origin of the Urantia Book, one must assemble and analyze various individual portions of the Urantia Book. (E.g., Caston Dep., Ex. 22).
17. Indeed, it may take several readings of the Urantia Book to construct the whole picture of its origin. (Caston Dep., Ex. 28).
18. The Foundation has no knowledge or materials respecting the entities listed as "authors" in the Urantia Book other than the materials which can be found in the Urantia Book. (Plaintiff's Amended Answers to Defendant's Second Set of Interrogatories, No. 18).
19. The Urantia Book authenticates itself through the recognition and religious faith by readers of the teachings contained in the book. (Forsythe Dep., p. 129 & Exs. 16, 18, 23, 25; Mundelius Dep., Ex. 20).
20. The originators of the text of the Urantia Book are all above the human level of existence. (Plaintiff's Responses to Requests for Admission, No. 32).
21. The actual composition of the Urantia Papers was assigned to three special commissions of universe personalities. Part I was formulated by a high commission of twenty-four Orvonton (superuniverse) administrators headed by a Divine counselor and was presented in 1934. Parts II and III were authorized by a Nebadon (local universe) commission of twelve, acting under the direction of Mantutia Melchizedek and were indited in 1934 and 1935. Part IV was sponsored by a commission of twelve URANTIA midwayers acting under the supervision of a Melchizedek revelatory director. Id. at 2.
22. The personalities who provided the text of the Urantia Papers are those personalities who are identified as the sources in the Urantia Book itself. (Plf's Resp. to Requests for Admission 31, p. 71). None of these entities are human. (T. Kendall Dep., 21:4).
23. For example, the first thirty-one papers depicting the nature of Deity, the reality of Paradise, the organization and working of the central and superuniverses, the personalities of the grand universe, and the high destiny of evolutionary mortals, were sponsored, formulated, and put into English by a high commission consisting of twenty-four Orvonton administrators acting in accordance with a mandate issued by the Ancients of Days of Uversa directing that we should do this on Urantia, 606 of Satania, in Norlatiadek of Nebadon, in the year A.D. 1934. (The Urantia Book, at 354, Dietz Dep., Ex. 4).
24. "No human being determined the content of the Urantia Book." (Forsythe Dep., Ex. 15 at 3).
25. Mr. Mills, the Foundation trustee and vice president, wrote in thanking for a contribution to the Urantia Foundation:
- "Through your assistance I will be able to move forward with the tremendous undertaking of bringing the supernal teachings of the Urantia Book to all mankind, unchanged by any human ideas or doctrines." (Caston Dep., Ex. 60) (emphasis added).
26. Again, writing on behalf of the Foundation, Mr. Mills wrote:
- "The authors are those whose names are appended to each paper comprising Section I, II and III of the book. An acknowledgment appears at the beginning of Part IV stipulating who the authors of that particular Section are. The authors are recognized to be superhuman beings, and since the advent of the book, there is no known method of communicating with them." (Caston Dep., Ex. 20).
27. The Urantia Papers "have not been edited by human authors and all the Papers that were authored by the Revelatory Commission are included in the Book" (Forsythe Dep., Ex. 12).
28. The Urantia Foundation is not able to contact the spiritual authors of the Urantia Book. As they indicated in a letter to a Urantian, "the authors of the Urantia Book, as they are spiritual and morontial beings are not available for communication with mortals like ourselves." (Forsythe Dep., Ex. 19). In another letter the Foundation indicated "The authors are supermortal spiritual personalities. They are not on call. No being has the power to command their presence." (Forsythe Dep., Ex. 20).
29. Mr. Kendall, president of the Foundation also indicated the Foundation's view on these teachings as follows:
- "The URANTIA teachings were to be the latest revelation of truth to our planet and are self validating. The various Papers are authored by the members of an extra-human revelatory commission. Each author is listed in the index at the end of each Paper." (Mundelius Dep., Ex. 16).
30. The Urantia Book was published just as it was received in English. There was no editing. The only function of the Foundation had to with typing, proofreading, and publication. (W. Hales Dep., 19-20).
31. The Urantian teachings were given by super humans. The Urantia Papers are considered to be on a higher plane than the Bible because they were given by such super humans. (M. Hales Dep., 34, 36).
32. An important difference between the Bible (New Testament) and Book is that the Bible was written by individual humans. (W. Hales Dep., 17).
33. Plaintiff now contends that the authors of the Urantia Papers, within the meaning of the Copyright Act, are the spiritual authors described in the Urantia Book and five members of the contact commission and hundreds of members of the forum. (Plf's Second Supplemental Answers to Dft's Third Set of Interrogatories, No. 27).
34. The Foundation claims that
- "The beings (whom the current Trustees of the Foundation believe, as a matter of personal faith, to be non-human) who... transferred to the Contact Commission, as copyright proprietor, the common law copyright in each individual "Urantia Paper" upon creation of that Paper in manuscript form." (Plf's Third Supplemental Answers to Dft's Third Set of Interrogatories, No. 28© (I).
The Defendant's Religious Beliefs are Based on the Religion of The Urantia Book
35. Kristen Maaherra first read the Urantia Papers in 1969. Since that time, she has considered herself to be a Urantian. (Maaherra Dec., 2).
36. Ms. Maaherra has hosted study groups for the Urantia Book in her home and has consistently read and studied the Urantia Book. (Maaherra Dec., 3).
37. Ms. Maaherra attended several study sessions at the headquarters of the Urantia Foundation in Chicago as well as the school in Boulder, Colorado called the Boulder School for Students of The Urantia Book. (Maaherra Dec., 4).
38. Ms. Maaherra has four children, all of whom have been given names derived from the Urantia Papers. (Maaherra Dec., 5).
39. The Urantia Book teaches that "there is but one law to obey - that is the command to go forth proclaiming the gospel of the kingdom." (The Urantia Book at 2049).
40. The Urantia Book teaches "Remember that you are commissioned to preach this gospel of the kingdom . . . and you must not allow anything to divert your devotion to this one duty." (The Urantia Book at 1931).
41. Over the years, Maaherra has given away many study aids for the Urantia Book. These have included charts of Jesus' life, bookmarks, a children's book on the Urantia Book, maps of Jesus' preaching tours, and a computer program called Authpres. She has also prepared and distributed a study aid entitled, "Changes Between Printings of the Urantia Papers." (Maaherra Dec., 7).
42. Two versions of an index to the Urantia Book were given away by her at the International Urantia Conference in 1990 at Snowmass, Colorado. These received a very favorable response from Urantians. (Maaherra Dec., 9).
43. Ms. Maaherra subsequently prepared the study aid which is the subject of this lawsuit. ln preparing this study aid, she utilized the text of the Urantia Book, but made no use of the table of contents or any other introductory material. She used only the Urantia Papers that were written by divine and spiritual beings and not the writings of any human. (Maaherra Dec., 10).
44. Ms. Maaherra distributed the study aid without charge, and received no complaints about her efforts until the Foundation brought this lawsuit. (Maaherra Dec., 11).
45. The Supplemental Declaration of Kristen Maaherra is incorporated herein by reference.
46. Other Urantians feel compelled, based on their religious beliefs to make available to others the Urantia Book by evangelism or gift. (Kagan Dec., 3).
47. In order to evangelize the teachings of the Urantia Papers and to express the Urantia religion, it is necessary to provide the text of the Urantia Book to persons who might benefit from the gospel. Unique qualities of the Urantia Book cannot be equaled or paralleled by the personal expression of any individual adherent. (Mullins Aff., 4).
48. No mortal human being can properly express the teachings and philosophy of the Urantia Papers without using the actual text itself. (Mullins Aff., 4).
The Words and Symbol of the Urantia Book
49. "The URANTIA revelation embodies its own unique symbolism. The word URANTIA, and the Concentric-Circles Symbol stem directly from these teachings." The word Urantia and the symbol identify the revelation known as the Urantia Book. (Mundelius Dep., Ex. 4).
50. The Urantia Book teaches that "the restatement of the religion of Jesus must develop a new and appropriate symbolism." (The Urantia Book at 966).
51. The symbol of the Urantia religion comprises the concentric circles. (Kagan Aff., 4; McCarty Aff., 5; H. Weatherford Aff., 3).
52. The three blue concentric circles which appear on the cover of the Urantia Book symbolize the "Paradise Trinity" of all creation and the emblem of Michael, Jesus of Nazareth. (Mullins Dec. 3; Plaintiff's Responses to Requests for Admission Nos. 40 - 41, citing p. 1016 of the Urantia Book; T. Kendall Dep. at 19-20).
53. The human known in the Christian faith as Jesus Christ, is known to Urantians by the name of Michael. As the Urantia Book instructs "sometimes we refer to the sovereign of your universe of Nebadon as Christ Michael." (The Urantia Book at 234).
54. The symbol also represents the "order of the Melchizedek." (W. Hales Dep. at 24.) The symbol was selected by the Urantia Foundation to appear on the cover of the book because it represented this religious order. (Id. at 24-25).
55. The concentric circle symbol is a religious symbol which is as powerfully compelling for many Urantians, as is the cross for the Christians or the Star of David is for Jews. (Horn Aff., 6; H. Weatherford Aff., 3; C. Weatherford Aff., 4).
56. The three concentric circles is a religious symbol that has been used b: Urantians in connection with various Urantia religious gatherings. (Schaveland Aff., 5; Kagan Aff., 4).
57. The concentric circles symbol has been used by Urantians at various conferences, weddings, study groups, Jesus birthday celebrations and worship services to represent the Paradise Trinity and the Banner of Michael (Jesus). (Schaveland Aff., 5; Mullins Aff., 5).
58. The word "Urantia" is the revealed name of the planet Earth. The source of this word is the superhuman revelators of the Urantia Book. (Horn Aff., 3; Kagan Aff., 4).
59. In speaking to humans, the Urantia Book says, "Urantia -- that being the name of your world...." (The Urantia Book at p. 1).
60. "Urantia" refers to a religion founded upon the teachings of the Urantia Book. (C. Weatherford Aff., 2; H. Weatherford Aff., 3, 4).
61. The words "Urantia" and "Urantian" are used to connote a revelatory religion of the Urantia Book, to describe religious gatherings relating to the Urantia Book, and distinguish them from other occasions. (Newbern Aff., 1; Schaveland Aff., 5).
62. The word "Urantian" has been frequently used to describe those who believe in the Urantia Book. Indeed, "the term `Urantian' is the only widely used and actuate description of those who follow the religious precepts of the Urantia revelation. (Horn Aff., 4; McCarty Aff., 4; Newbern Aff., 2; R. Johnson Aff., 4; C. Weatherford Aff., 3; H. Weatherford Aff., 2).
63. For many Urantians, the word describes their religion "as does `Christian' for those who call themselves Christians, `Muslim' for the followers of Islam, `Buddhist' for the adherents to the teachings of Buddha." (Horn Aff., 5).
64. Writing for the Foundation, its vice president stated that: "We have not given consideration as to where we might be classified under world religions. We believe we could be considered essentially Christian, yet Buddhists, Hindus, and many other religions or philosophical systems of thought would find considerable harmony with the teachings of the Urantia Book. If one must classify, I guess we should be just called 'Urantians.'" (Mundelius Dep., Ex. 28).
The "Contact Personality"
65. The Urantia Papers came through a human subject, although they were not written by the subject. (M. Hales Dep., 12:5). This human individual is referred to in the Urantia Book as the contact personality.
66. The exact identity of the individual described in the Urantia Book as the "contact personality" is unknown to the Foundation. (Plf's Resp. to Requests for Admission No. 10, p. 36).
67. The identity of the subject was kept a secret by those persons who knew the identity. (Id.; M. Hales Dep. at 12, Forsythe Dep., Ex. 15 at 2). The superhuman revelators did not want any human associated with the Urantia Book. (Mundelius Dep., Ex. 20; Caston Dep., Ex. 23).
The Foundation Holds a Copyright in Human-Authored works of a "Religious Nature" Which are Not Challenged in this Case.
68. The copyright claimant for the work Worship and Wisdom, Gems From the Urantia Book was William S. Sadler, who was also identified as the author. The same format was used in registering the work, The Teachings of Jesus. The copyright is now owned by the Foundation. (Lewis Dec., Exs. 1, 2).
69. With regard to the work, How the Urantia Book Helps Understand the Contemporary World: War and Peace - State of the World, Urantia Foundation was listed as the original statutory copyright claimant. However, the author was indicated to be James C. Mills, a one-time trustee of the Urantia Foundation.
70. When the Urantia Foundation registered a copyright in the study aid entitled, Study Aids for Part IV of The Urantia Book, The Life and Teachings of Jesus, the Foundation was again listed as the copyright claimant. However, the author of the work, Ruth E. Renn, was specifically identified. The same format was used by the Foundation in registering the work, Guide to the Pronunciation of Names and Words in the Urantia Book. Marian T. Rowley was indicated to be the author on the copyright application, even though the Urantia Foundation was the initial copyright claimant. (Lewis Dec., Exs. 4, 5).
The Contact Commission and Forum
71. Two groups of humans were the first known groups of people to study the Urantia Papers; these groups are referred to herein as the contact commission and the forum.
72. The contact commission is not mentioned in the Urantia Book. (Plf's Resp. to Requests for Admission at 12).
73. Members of the contact commission met with the person known as the contact personality. (Plf's Resp. to Requests for Admission at 12).
74. The forum was a group of individuals who read and studied the early drafts of the text of the Urantia Papers, discussed their content, and submitted questions about the subject matter. (Plf's Resp. to Requests for Admission at 13).
Respectfully submitted,
Joseph D. Lewis
Attorney for Defendant, Kristen Maaherra
Last Updated April 13, 1997 by Kristen Maaherra