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New Church and State Clashes
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J.o-God truth
or
the matter was that if it weren't for the
lact that he, Rader, graduated No. 1 in his USC law school
class 20 years ago and an assistant attorney general work
ing on the case graduated somewhere deep in the bowels
of that very same class, there would be no church-state
confrontation today
The state lawyer. Rader implied, has had it in for him
ever
since.
There may have been similar moments on the state side
o(
the issue. But all in all. the experts say, the arguments
on both sides are beginning to add up to a real church-
state battle.
Consider the position
of
the Worldwide Church
of
God.
as outlined by its lawyers in numerous court appearances
last month and by Rader In a round of press conferences.
Stri.pped to its essentials, it goes like this:
Six dissident "disfellowed" or excommunicated
former
members of the church-put up to it by the banished son.
G'.1-fner . Ted Armstrong-went to the attorney general
with a hst of unfounded complaints.
Among their complaints was the charge that the elder
Armstrong, the self-proclaimed disciple of God on. earth.
was spending money far too lavishly in his efforts to
spread the Gospel throughout the world.
The other major complaint was that Rader. a man who
seemingly replaced Garner Ted Armstrong in the church
patriarch's heart, was unduly benefiting from his position
with a contract for $200.000 a year plus unlimited expenses
l3-nd homes in Beverly Hills, Pasadena and Tucson initially
financed by the church.
Church lawrers say it. is not the business of the state to
regulate how Armstrong choosrs to spread the Gospel. If
Armgtrong wants to speak to wortd leaders, travel
111
the
first-class section of airliners or by private Jet and stay in
lm:urv hotels. so be it.
The important thing. they say. is that the members of
Oie church were amply
informed about these things
c'.hrough church publications and meetings. If they didn't
llke 1L. they could stop tithing and leave the church.
As for Rader's perquisites, the church's position is thaL
they are not out of line with those given to top corporate
t.'XecuL
ves
in private industry
Armstrong, Rdder and their lawyers view the attorney
general's suit and the receivership as an attempt by the
l!late to overturn the essentially hierarchical leadership of
the church and substitute it for somethmg else-perhaps
an elected board of directors.
To them. the issue is clear. Either a church has the pow
er to name its own leaders and spend its own money, or it
doesn't. If it doesn't. then the First Amendment is abrogat
ed.
The state's position differs
As argued in court and to the press. it states:
The attorney general's responsibility is clear. The Jaw of
C?alifornia and the predominance of case law says the at
torney general is responsible for ensuring that California
corporation law is followed.
The Worldwide Church of God is a nonprofit corpora
tion. its money held in a chantable trus'. And the state i�.
ill effect. the o.verseer of that trust.
If there is some reason to suspect the officers of the cor
poration have broken that trust-in this case by looting it
for their own gam-the attorney general must act by filing
a civil suit.
The temporary receivership. assistant attorneys general
argue, was not too dra�tic a form rJf relief. There wa�
evidence. they 111s1sL. l'arltcr this montll that the rece1ve
r,<;hip was needed immcd1ately to protect what was left of
the charitable trus1 from its officer�
The slate wishes to regulate only the financial affairs of
the church. according to assistant attorneys general The
state's lawyers see the First Amendment issue as a phony
question But ts it
?
!l might be worthwhile lo remember that what is hap·
pening to the Worldwide Church of God isn't taking place
in a vacuum. some experts think
John Crossley, associate professor of relig10n at USC and
a member of the American C1v1I Liberl!es umon·s regional
church-state comm1ttee. is concerned that the state's ac ·
tion is a reflection of California and the way thmgs have
been
111
this state in recent times. Jonestown. Scientology's
problems with the federal government. the alleged snake
attack on an opposing lawyer by Synanon members have
all had their effect. he says.
"I think (having) so many of these things has produced
a syndrome that we have to stop crazy. kooky religions.
religions out of the mainstream." Crossley said.
The recent events m California have added to something
bigger. Crossley calls 1t "an antireligious movement abroad
in the land."
It is made up.
he
explained. of "deprogrammers. mainline
churchrs and synagogues worried about crazy cults with
wrong doctrines wooing away young people."
Crossley is not alone in spotting that trend.
"There's no question that there's
a
greater temptation
now for government to intervene in church affairs." John
Stevens. a Seventh-day Adventist official and president of
its Western regional church-state council. said.
"There's an antireligious climate. and
I
think there's a
tendency for government to overreact." he added.
The
problem
will get worse before it g<'ts better. Boot
hby predicts.
"We believe this coming year will see the greatest acti·
vity ( in the courts) .
.. he said. "In an attempt to prevent
another Jonestown situation. we wi!l see a ripping away of
the protection of the First Amendment's religious clauses."
Boothby. whose Americans United for Separation of
Church and State plan, to file an amicus curiae brief on the
,ide of tlw W0rldw1de Church of God. sa\·:- the case mav
prove to be
,1
hrilwcthrr
·
,