Archive for December 25th, 2010

Victory of Covenant – PART-B. Great Victory for the OTHODOX BAHA’I FAITH in the Court Case

Posted on December 25, 2010. Filed under: Uncategorized |

The Provisional National Bahá’í Council of the United States, the governing body over Orthodox Bahá’ís, issued the following statement on December 5, 2010

Orthodox Bahá’í Faith wins appeal before 7th Circuit Court of Appeals.

CHICAGO, IL– After reviewing briefs and then hearing oral arguments on February 20, 2009, the Seventh Circuit Court of Appeals ruled, on November 23, 2010, to uphold the judgment previously handed down by the United States District Court. It was the ruling of the Honorable Amy J. St. Eve of April 23, 2008, after holding an evidentiary hearing January 7, 2008 in Chicago, Illinois, that the Orthodox Bahá’í Faith was found not guilty of contempt charges levied against it by the National Spiritual Assembly of the Bahá’ís of the United States (Wilmette NSA). The injunction that the Orthodox Bahá’í Faith was accused of violating would have prohibited it from using the name “Bahá’í”, meaning a follower of Baha’u’llah (as the name Christian refers to one who follows Christ.)

In the ruling of the Seventh Circuit Court of Appeals, it found that the original judgment and ruling of Judge St. Eve to be sound and free of any legal error. It therefore upheld in its entirety the innocence of the Orthodox Bahá’í Faith in the contempt charges levied against it by the Wilmette NSA. Furthermore, the Appellate Court could not refute her written judgment in which she cited that key witnesses for the Orthodox Bahá’í Faith, Franklin D. Schlatter and Marilyn Meyer, gave “credible testimony” that the organization was not formed with the intention of violating the 1966 Judgment.

The Court of Appeals affirmed that the Orthodox Bahá’ís were not legally identified with the NSA under Mason Remey and therefore the Orthodox Bahá’í Faith is not bound by the 1966 Judgment. The original injunction was issued over forty years ago to that now-extinct rival body to the Wilmette NSA. In the judgment handed down by Judge St. Eve, she wrote: “[T]he chain of succession lacks a link.”

“The Council is pleased that the Court of Appeals upheld the sound decision of Judge St. Eve. We the Orthodox Baha’is of the United States, as fellow believers in the Faith of Baha’u’llah, differ with the Wilmette NSA only in that we believe Shoghi Effendi did not fail in his duty to appoint a successor during his lifetime,” said Jeffrey Goldberg, the Secretary of the Provisional National Bahá’í Council for the Orthodox Bahá’ís (PNBC).

The Wilmette NSA, a national branch of the world organization with over 6 million members, brought the legal action against the PNBC, whose membership, in contrast, numbers about 50 in the United States, many of whom are lifelong believers.

As a result of the Appellate Court upholding the original findings of Judge St Eve, assuming it becomes final, there is no legal impediment to the Orthodox Bahá’í Faith’s use of the name “Bahá’í” in identifying itself and it may continue to teach its belief in the continuing Guardianship of the Faith of Baha’u’llah, a teaching in direct opposition to that taught by the NSA group. The Orthodox Baha’i Faith recognizes Joel B. Marangella as the rightful living Guardian of the Bahá’í Faith.

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Victory of Covenant – Part A. The Sans-Guardian Organisation has failed to learn a lesson from its HUMILATING defeat

Posted on December 25, 2010. Filed under: Uncategorized | Tags: , |

It is really shameful on the part of the bogus UHJ to file a petition in the Court of Appeals to review the case. It looks like that the sans-Guardian organization has lost its mental balance and hence has failed to take any lesson from such a humiliating defeat at the band of the faithful followers of Baha’u’llah under the Guardianship of the third Guardian, Joel B. Marangella. The sans-Guardian organization is built on shifting sand, which with every passing day, is losing its stature.

The NSA-UHJ obviously knew that their case would not be worth anything if it was based on the 1966 trademark ruling so they blatantly attempted to have the previously applied injunction towards Remey’s organization applied to the Orthodox Baha’i Faith. But they failed to prove (twice) that the 1966 ruling applied to the Orthodox Baha’i Faith.

Instead of the bogus UHJ clarifying the matter of the continuation of the Guardianship for its followers, the bogus UHJ is trying to harass the faithful followers of Baha’u’llah with the might of money and power. This is exactly what Hand of Cause, Mr. David Maxwell predicted would occur in one of his letters addressed to the Third International Baha’i Council after our first court victory.

The Indian heterodox Baha’is are wondering how much this NSA-UHJ’s wrong doing is costing them? They are now realizing that the money that they have been paying in the name of Huququllah is being spent in a disastrously destructive manner which has not brought anything other than humiliation for them?

Honestly, the pursuance of this legal case has been obviously embarrassing for all the heterodox Baha’is throughout the world, and especially so for those in India. This unsuccessful outcome is not surprising at all and it has come at a great price to them, both financially and prestige wise. There is already considerable media attention covering the decision which naturally reflects against the heterodox organization. This recent verdict will further focus unfavorable media attention on them.

But the basic question remains and that is: was the sans-Guardian organization unaware:

1-That the law does not allow for terms employed in the public domain to be trademarked or copyrighted. This is why no one can lay claim to the word “Muslim”or “Christian” or the symbol of the Cross, etc. In view of this fact, it is astonishing that the NSA made such a foolish decision to go ahead and waste their time and the funds of the Faith in such a manner.

2-They either had most incompetent legal representation who failed to inform them of this very basic and fundamental legal fact, or they were informed and chose to ignore such advice and forged ahead nevertheless.

The obvious answer to the question is that the this new appeal has been filed by the bogus UHJ, due to compulsion and not by choice. Because they know that the orthodox Baha’is are continuing to ask their basic question about their refusal to accept the continuation of the Guardianship so clearly promised and provided for in the sacred and immutable provisions of the WILL AND TESTAMENT OF ABDU’L-BAHA. The UHJ is well aware that they cannot provide a valid answer to this question so, therefore, it is better to keep the Baha’is busy with the court case.

Y.H. Taylor,
Hand of Cause,

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