法律英语：17 Does Mandatory AA Violate。。。

by Adam Freedman

Today’s topic: Can the state force you to attend Alcoholics² Anonymous³, or similar programs with religious overtones?
Before I go any further, I’m happy to tell you that this article is brought to you by Carbonite Pro⁴. For a free trial and to learn more, visit CarbonitePro.com.

Back to the issue:

Does AA Violate the Separation of Church and State?
I just got a fascinating question from Alicia, who writes in to say that in her home state of Wisconsin, substance abusers are sometimes required to attend Alcoholics Anonymous by their parole or probation⁵ officer. As Alicia observes, AA requires participants to accept a power greater than themselves--in short, God. She asks: “Is it a reasonable separation of church and state to send clients to meetings which discuss a higher power?”
Great question!  I have to confess, my first reaction was “Oh, come on!  AA isn’t a religion!”  But it turns out that Alicia has put her finger on a serious constitutional issue.
Where is Separation of Church and State in the Constitution?
The relevant part of the First Amendment⁶ states that “Congress shall make no law respecting an establishment of religion.”  Those words are known as the “Establishment Clause.” One of the goals of the Founding Fathers was to prevent the federal government from creating an “established church,” as Britain had (and, indeed, still has). Clearly, the Establishment Clause prevents the government from doing that, but over the years, the Supreme⁷ Court has held that the clause prevents a wide variety of government actions that support, or might even appear to endorse⁸, religion.
As I discuss in an earlier article, courts have developed a number of tests to determine whether the government is coercing⁹ a religious belief or is somehow getting “excessively entangled” in religion--as is sometimes the case with those Christmas/Hannukah displays that go up around City Hall in December. Judges have even held that government cannot appear to endorse religion in general, as distinct from atheism¹⁰.
Does Mandatory¹¹ AA Violate the Constitution?
So where does that leave AA, whose members have committed to “turn our will and lives over to the care of God, as we understood Him,” to quote Step #3 of their 12-step program?
Although the Supreme Court has yet to rule on this question, at least three federal courts of appeal have held that requiring a person to attend Alcoholic¹ Anonymous or Narcotics¹² Anonymous (NA) violates the Establishment Clause of the First Amendment. 
Do Buddhists¹⁴ and Atheists Have to Attend AA?
In 2007 the Ninth Circuit Court of Appeals held that a parole officer’s demand that a convicted drug offender¹⁶ attend Narcotics Anonymous violated the First Amendment rights of the offender, who claimed to be a Buddhist¹³. Not only that, but the aggrieved¹⁷ offender was free to sue the parole officer for damages, even though state officials are often immune from such suits.
The upshot is that parole and probation officers must be very careful when ordering treatment for addicts--they might find themselves on the wrong end of a lawsuit¹⁸.  Having said that, the damages in such a suit may not be very large. In one case, a New York man who claimed to be an atheist¹⁵ sued county probation officials for requiring him to attend AA after his third alcohol-related driving offense¹⁹. A federal district judge agreed that the officials had violated the Establishment clause--but ordered them to pay just $1, as “symbolic” damages.
Optional Participation²⁰ in AA is Constitutional
Mind you, in cases like this, the courts found that the government had forced the person to attend AA or NA. In other cases, where state or local officials simply made participation in AA one option for substance abusers, courts have not found any Establishment Clause violation²¹.
AA is Protected by Religious Confidentiality²³
The basic assumption of all these cases--that AA is a religious organization--can affect other areas of the law. For example, under the laws of evidence, religious communications are considered confidential²², much like attorney-client, or doctor-patient communications. In 2001, a federal court overturned the manslaughter conviction of an AA member because the prosecution²⁴ had relied partly on fellow AA members who testified that the defendant²⁵ had confessed his crime at AA meetings. The judge noted²⁶ that if AA is a religion for purposes of the Establishment Clause, then its communications must be treated just as confidentially²⁷ as those in a church.
As far as I know, nobody in these cases has argued that AA is not an effective program. To the contrary, everyone seems to acknowledge the organization’s strong track record. But AA members are required to put their trust in God and the government can’t force them to do that--even though the government does require that our currency say “in God we trust.”  Hey, I never promised the law would be logical.
Thank you for reading Legal Lad’s Quick and Dirty Tips for a More Lawful²⁸ Life.
You can send questions and comments to。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this article only.

1 alcoholic   

adj.（含）酒精的，由酒精引起的；n.酗酒者

参考例句：

• The alcoholic strength of brandy far exceeds that of wine.白兰地的酒精浓度远远超过葡萄酒。
• Alcoholic drinks act as a poison to a child.酒精饮料对小孩犹如毒药。

2 Alcoholics   

n.嗜酒者，酒鬼( alcoholic的名词复数 )

参考例句：

• Many alcoholics go on drinking sprees that continue for days at a time. 许多酒鬼一次要狂饮好几天。 来自《现代汉英综合大词典》
• Do you have a copy of the Alcoholics Anonymous book? 你手上有戒酒匿名会的书吗？ 来自互联网

3 anonymous   

adj.无名的；匿名的；无特色的

参考例句：

• Sending anonymous letters is a cowardly act.寄匿名信是懦夫的行为。
• The author wishes to remain anonymous.作者希望姓名不公开。

4 pro   

n.赞成，赞成的意见，赞成者

参考例句：

• The two debating teams argued the question pro and con.辩论的两组从赞成与反对两方面辩这一问题。
• Are you pro or con nuclear disarmament?你是赞成还是反对核裁军？

5 probation   

n.缓刑(期)，(以观后效的)察看；试用(期)

参考例句：

• The judge did not jail the young man,but put him on probation for a year.法官没有把那个年轻人关进监狱，而且将他缓刑察看一年。
• His salary was raised by 800 yuan after his probation.试用期满以后，他的工资增加了800元。

6 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

7 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

8 endorse   

vt.(支票、汇票等)背书，背署；批注；同意

参考例句：

• No one is foolish enough to endorse it.没有哪个人会傻得赞成它。
• I fully endorse your opinions on this subject.我完全拥护你对此课题的主张。

9 coercing   

v.迫使做( coerce的现在分词 )；强迫；（以武力、惩罚、威胁等手段）控制；支配

参考例句：

• All of the children had atopic dermatis coercing at least 20% of their body surface area. 所有的患儿体表有超过20%的遗传性过敏症皮炎感染。 来自互联网
• I assured him that we had no intention of coercing Israel in response a Soviet threat. 我向他保证，我们无意强迫以色列对苏联的威胁做出反映。 来自互联网

10 atheism   

n.无神论，不信神

参考例句：

• Atheism is the opinion that there is no God.无神论是认为不存在上帝的看法。
• Atheism is a hot topic.无神论是个热门话题。

11 mandatory   

adj.命令的；强制的；义务的；n.受托者

参考例句：

• It's mandatory to pay taxes.缴税是义务性的。
• There is no mandatory paid annual leave in the U.S.美国没有强制带薪年假。

12 narcotics   

n.麻醉药( narcotic的名词复数 )；毒品；毒

参考例句：

• The use of narcotics by teenagers is a problem in many countries. 青少年服用麻醉药在许多国家中都是一个问题。 来自《现代汉英综合大词典》
• Police shook down the club, looking for narcotics. 警方彻底搜查了这个俱乐部，寻找麻醉品。 来自《简明英汉词典》

13 Buddhist   

adj./n.佛教的，佛教徒

参考例句：

• The old lady fell down in adoration before Buddhist images.那老太太在佛像面前顶礼膜拜。
• In the eye of the Buddhist,every worldly affair is vain.在佛教徒的眼里，人世上一切事情都是空的。

14 Buddhists   

n.佛教徒( Buddhist的名词复数 )

参考例句：

• The Jesuits in a phase of ascendancy, persecuted and insulted the Buddhists with great acrimony. 处于地位上升阶段的耶稣会修士迫害佛教徒，用尖刻的语言辱骂他们。 来自英汉非文学 - 历史
• The return of Saivite rule to central Java had brought no antagonism between Buddhists and Hindus. 湿婆教在中爪哇恢复统治后，并没有导致佛教徒与印度教徒之间的对立。 来自辞典例句

15 atheist   

n.无神论者

参考例句：

• She was an atheist but now she says she's seen the light.她本来是个无神论者，可是现在她说自己的信仰改变了。
• He is admittedly an atheist.他被公认是位无神论者。

16 offender   

n.冒犯者，违反者，犯罪者

参考例句：

• They all sued out a pardon for an offender.他们请求法院赦免一名罪犯。
• The authorities often know that sex offenders will attack again when they are released.当局一般都知道性犯罪者在获释后往往会再次犯案。

17 aggrieved   

adj.愤愤不平的，受委屈的；悲痛的；（在合法权利方面）受侵害的v.令委屈，令苦恼，侵害( aggrieve的过去式)；令委屈，令苦恼，侵害( aggrieve的过去式和过去分词)

参考例句：

• He felt aggrieved at not being chosen for the team. 他因没被选到队里感到愤愤不平。 来自《简明英汉词典》
• She is the aggrieved person whose fiance&1& did not show up for their wedding. 她很委屈，她的未婚夫未出现在他们的婚礼上。 来自《简明英汉词典》

18 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

19 offense   

n.犯规，违法行为；冒犯，得罪

参考例句：

• I hope you will not take any offense at my words. 对我讲的话请别见怪。
• His words gave great offense to everybody present.他的发言冲犯了在场的所有人。

20 participation   

n.参与，参加，分享

参考例句：

• Some of the magic tricks called for audience participation.有些魔术要求有观众的参与。
• The scheme aims to encourage increased participation in sporting activities.这个方案旨在鼓励大众更多地参与体育活动。

21 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

22 confidential   

adj.秘（机）密的，表示信任的，担任机密工作的

参考例句：

• He refused to allow his secretary to handle confidential letters.他不让秘书处理机密文件。
• We have a confidential exchange of views.我们推心置腹地交换意见。

23 confidentiality   

n.秘而不宣，保密

参考例句：

• They signed a confidentiality agreement. 他们签署了一份保守机密的协议。
• Cryptography is the foundation of supporting authentication, integrality and confidentiality. 而密码学是支持认证、完整性和机密性机制的基础。

24 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

25 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

26 noted   

adj.著名的，知名的

参考例句：

• The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
• Jim is noted for arriving late for work.吉姆上班迟到出了名。

27 confidentially   

ad.秘密地，悄悄地

参考例句：

• She was leaning confidentially across the table. 她神神秘秘地从桌子上靠过来。
• Kao Sung-nien and Wang Ch'u-hou talked confidentially in low tones. 高松年汪处厚两人低声密谈。

28 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。