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MALNAK v. YOGI

October 20, 1977

Alan B. MALNAK et al., Plaintiffs,
v.
Maharishi Mahesh YOGI et al., Defendants



The opinion of the court was delivered by: MEANOR

 Plaintiffs move for partial summary judgment to enjoin the teaching of the "Science of Creative Intelligence" in the public schools of New Jersey on the ground that such teaching violates the Establishment Clause of the First Amendment. The material facts are not contested, although the parties vigorously dispute the significance of those facts.

 The suit involves 12 named plaintiffs and 20 named defendants. Plaintiffs include eight individuals who pay federal income taxes and are liable to pay state sales taxes and, in some cases, local property taxes. Four of the taxpayers are the parents of two children who attend one of the high schools at which the course was offered; they sue in their own behalves and as guardians ad litem for their children. The eight taxpayers comprise an unincorporated association known as the Coalition for Religious Integrity, which also is a named plaintiff in this action. The remaining plaintiffs are a clergyman who lives in New Jersey, Americans United for Separation of Church and State, a nonprofit Maryland corporation, and Spiritual Counterfeit Project, Inc., a nonprofit California corporation.

 The first group of defendants are organizations and individuals who are engaged in the dissemination of the Science of Creative Intelligence and in the propagation of the technique of Transcendental Meditation. The organizational defendants are three California corporations and a division of one of the corporations. These defendants seek to disseminate SCI/TM throughout the United States, primarily through the World Plan Executive Council -- United States (WPEC-US) and its divisions. At the national level, the organizational structure of a World Plan Executive Council with several divisions apparently occurs in a number of countries throughout the world. See Jarvis Deposition at 786. International organizations devoted to the propagation of SCI/TM exist. The structure of the "international level" is changing and the relationship between the international and national organizations is nebulous.

 The organizations, primarily under the auspices of the WPECs throughout the world, are implementing a "World Plan" which "is in progress to train one teacher of the Science of Creative Intelligence for every one thousand people in all parts of the globe." Fundamentals of Progress, Exhibit A attached to Jarvis Affidavit, at 2. The "World Plan" has seven stated goals:

 (1) To develop the full potential of the individual;

 (2) To improve governmental achievements;

 (3) To realize the highest ideal of education;

 (4) To eliminate the age-old problem of crime and all behavior that brings unhappiness to the family of man;

 (5) To maximize the intelligent use of the environment;

 (6) To bring fulfillment to the economic aspirations of individuals and society;

 (7) To achieve the spiritual goals of mankind in this generation.

 Id. The named organizational defendants presumably are entrusted with implementing the "World Plan" within the United States. The individual defendants are officers of these corporations, a person who taught the SCI/TM course in New Jersey high schools, and Maharishi Mahesh Yogi, the principal deviser of the Science of Creative Intelligence and primary exponent of Transcendental Meditation. *fn1"

 The five boards of education which arranged for the teaching of the SCI/TM course at high schools within their jurisdictions also are named as defendants. The New Jersey Department of Education and the New Jersey Board of Education, as well as the Commissioner of Education, an individual employee of the Department of Education, and the State of New Jersey itself are sued. In addition, the United States Department of Health, Education and Welfare and the United States are named as defendants.

 Plaintiffs base their motion for partial summary judgment on the textbook used in the New Jersey high schools, a ceremony at which attendance by the student is mandatory, the deposition testimony of the president of the WPEC-US, the deposition testimony of two people who taught the SCI/TM course in four of the five high schools at which the course was offered, and a one-page affidavit of a clergyman.

 In opposing the motion for partial summary judgment, defendants rely on the same deposition testimony relied upon by plaintiffs and the deposition testimony of three clergymen-practitioners of the TM technique and the deposition testimony of an employee of the United States Office of Education. In addition, defendants rely on affidavits of the president of the WPEC-US, of two teachers of the SCI/TM course in New Jersey high schools, of a linguist, of two professors of religion, and of eleven New Jersey high school students who were enrolled in the SCI/TM course.

 Transcendental Meditation, briefly stated, is a technique of meditation in which the meditator contemplates a meaningless sound. Defendants have placed in the record the result of tests which purport to show that a meditator undergoes certain physiological changes during meditation. Other tests purport to show that practitioners of the technique will develop permanent changes in their physiologies, e.g., lowered heart rate and lowered breathing rate.

 The "Science of Creative Intelligence" is a theory, devised or promulgated primarily by defendant Yogi, which purports to explain what occurs within a meditator's mind during meditation and to describe an entity or concept which defendants call "creative intelligence." The "Science of Creative Intelligence" posits that during transcendental meditation a meditator reverses the process through which thought develops until the meditator's mind reaches the entity, or "field of life," called "the field of pure creative intelligence," which is at the source of thought, according to the World Plan defendants. The textbook used in the New Jersey high schools states the above, but devotes most of its pages to a description of the nature and qualities of the entity called "creative intelligence." *fn2"

 As stated above, the SCI/TM course was offered as an elective course at five high schools in New Jersey during the 1975-76 academic year. The students at all five high schools used the same textbook and received their mantras, *fn3" or sound aids, at identical ceremonies. The SCI/TM course was taught four or five days a week by teachers trained by the World Plan defendants. The teachers were paid by the WPEC-US and were not employed by any of the five defendant school boards nor certified by the State Board of Examiners. *fn4" Aaron Deposition at 621. The SCI/TM course was the only course taught by the SCI/TM teachers.

 The undisputed material facts upon which plaintiffs rely and from which plaintiffs assert that the only conclusion possible is that teaching of the SCI/TM course violates the establishment of religion clauses of both the United States and New Jersey constitutions are the textbook and the puja *fn5" used in the course.

 THE TEXTBOOK

 The "Science of Creative Intelligence" as a course of study had its genesis in 1972 when "Maharishi, in conjunction with experts in education and science, developed a structure of teaching which was labeled the Science of Creative Intelligence." Jarvis Deposition at 913. As stated above, the "Science of Creative Intelligence" posits that during the practice of Transcendental Meditation the meditator's mind moves from a conscious thought to the source of thought, where the mind comes in contact with the unmanifest and unbounded field of pure creative intelligence, T at 29, *fn6" which is present, among other places, within every human being. T at 26. Defendants state that attainment of contact with the field of pure creative intelligence places the meditator in a "fourth state of consciousness" known as "restful alertness" or "transcendental consciousness." T at 30. The textbook states that during TM the meditator experiences the field of pure creative intelligence directly. T at 29. Contact with the field of pure creative intelligence infuses the meditator's mind both with creativity, T at 26, and with "all the qualities of creative intelligence," T at 38, clarifies and strengthens the meditator's thoughts, T at 32, expands the meditator's perceptions, T at 30, and "refines" the meditator's nervous system, Jarvis Deposition at 866a. Regular practice of TM will "refine" the meditator's nervous system further so that the expanded perceptions experienced during TM will carry over into the meditator's conscious thoughts and activities. T at 38, 86. Regular practice of TM may lead the meditator to the situation in which the meditator's mind is infused with the "expanded awareness" and perceptions that he experiences while meditating during waking, sleeping, and dreaming; this state is called "cosmic consciousness," or "the fifth state of consciousness." T at 86. See Jarvis Deposition at 866b. *fn7"

 The textbook states that "[the] field of pure creative intelligence is the home of all qualities that constitute the universe," T at 292; "all the qualities of which we can conceive are present in the unmanifest field of pure creative intelligence." T at 40. The field of pure creative intelligence also is the source of thought. T at 26, and "a field of unlimited energy, intelligence and happiness." T at 56. The field of pure creative intelligence also is "unbounded." T at 24, and "an inexhaustible reservoir of energy and intelligence, the fountainhead of all currents of creative intelligence." T at 26. The textbook defines "creative intelligence" as "that impelling force which continually gives rise to new expressions of life and order, progressive and evolutionary in nature." T at 20. Thus creative intelligence is a force which springs from the field of pure creative intelligence, e.g., T at 26, which is the source of everything in the universe, e.g., T at 26, 40, 260.

 Creative intelligence, like the unbounded field of pure creative intelligence, possesses all the qualities that can be conceived of: "Every quality that is ever expressed in creation is the expression of creative intelligence." T at 40. The textbook specifically lists and discusses fifty "qualities of creative intelligence." "The qualities of creative intelligence can be seen as currents of consciousness arising from the field of pure consciousness, the field of pure creative intelligence." T at 40. The unbounded field of pure creative intelligence is unmanifest and silent. E.g., T at 29, 40. Creative intelligence ranges from the unmanifest field of pure creative intelligence to its manifestations in the universe. T at 22. Manifestations of creative intelligence include everything. "From the individual to the universe, all that we see is the display of creative intelligence." T at 240. The textbook devotes 225 pages to the discussion of fifty specific "qualities of creative intelligence." The textbook states that "[when] the conscious mind reaches the field of pure creative intelligence, it becomes saturated with all qualities of creative intelligence . . . ." T at 38. The fifty qualities of creative intelligence which are discussed in the textbook are progress, evolution, purposefulness, intelligence, order, beauty, precision, truth, dynamism, rest, stability, adaptability, gentleness, strength, efficiency, kindness, independence, helpfulness, vigilance, resourcefulness, spontaneity, analysis, synthesis, decisiveness, sweetness, universality, harmony, diversity, joy or happiness, life or liveliness, insight, foresight, thoughtfulness, specificity, expansiveness, courage, generosity, economy, love, justice, cleanliness, purity, freedom, responsibility, creativity, eternity, practicality, success, holism, and fulfillment. The textbook states that during meditation, the meditator's mind

 
becomes saturated with all qualities of creative intelligence, and then, in whatever area of living these qualities are needed, they express themselves more. That is why when a man meditates, he becomes more efficient in every field of thinking and decision-making, more capable in any undertaking he may choose. Wherever he puts his attention, he begins to display more expressed values of creative intelligence.
 
* * *
 
We should never try to exhibit qualities of creative intelligence, because their expression must be spontaneous. Every breath of life is spontaneously under the control of creative intelligence, and therefore any trying from our side can only result in stress and strain. Life must be lived very spontaneously, very naturally. We experience in our meditation how very naturally the mind arrives at the goal of all progress, unbounded awareness. We know from our experience how the slightest effort on our part not only stops progress but produces stress. Therefore, we should never try to imitate any quality of creative intelligence. We simply meditate and allow all the qualities of creative intelligence to be displayed spontaneously in our thinking and action.

 T at 38. The textbook thus states that a person attains the qualities of creative intelligence, e.g., truthfulness, efficiency, freedom, through regular contact with the field of pure creative intelligence during the practice of Transcendental Meditation. The process is automatic: "We simply meditate and allow all the qualities of creative intelligence to be displayed spontaneously in our thinking and action." Statements of the automatic nature of the process of infusing an individual with all the qualities of creative intelligence through Transcendental Meditation appear throughout the textbook. E.g., T at 49, 260.

 The textbook states that Transcendental Meditation is not only the automatic means of attaining all the qualities of creative intelligence, but also is the exclusive manner of obtaining all the qualities of creative intelligence. See T at 94, 132, 217, 262. In this connection, the above-quoted passage states that "[we] should never try to exhibit qualities of creative intelligence, because their expression must be spontaneous." Since these qualities must be expressed spontaneously and since spontaneous expression of these qualities is developed only through the practice of Transcendental Meditation, it follows that "we should never try to imitate any quality of creative intelligence." The textbook thus appears to indicate that a person should never consciously strive to be kind, truthful, brave, independent, successful, etc. Rather, "[we] simply meditate and allow all the qualities of creative intelligence to be displayed spontaneously in our thinking and action." *fn8" T at 38.

 The textbook states that the field of pure creative intelligence is the source of everything. For example, the textbook states that the field of pure creative intelligence "is the very source of life-energy, the reservoir of wisdom, the origin of all power in nature, and the fountainhead of all success in the world." T at 98. The textbook states that the field of pure creative intelligence "is the home of all qualities that we can conceive of in the fields of knowledge and action, existence and evolution." T at 260. "The field of pure creative intelligence is the home of all qualities that constitute the universe." T at 292. "[Everything] in creation is nothing other than the expression of unmanifest creative intelligence." T at 260. "[Every] quality that is ever expressed in creation is the expression of creative intelligence." T at 40. "[All] aspects of life [are] all manifestations of unmanifest creative intelligence." T at 262. "The entire field of life, from the individual to the cosmos, is nothing but the expression of never-changing pure creative intelligence in the relative ever-changing expressions of life." T at 92. The field of pure creative intelligence "is at the basis of the 'comprehensive, orderly integrity of the universe.'" T at 174, quoting from a speech given by Maharishi Mahesh Yogi in 1971. The textbook is replete with statements that pure creative intelligence is "the basis of life" or "at the basis of life." E.g., T at 78, 107, 129, 188, 242, 245, 260, 264, 271. For example, the textbook states that the field of pure creative intelligence is "the universal basis of life." T at 188, 129. The textbook also indicates that pure creative intelligence is "the source, course, and goal of all existence." T at 171. The citations to the textbook listed above by no means form an exhaustive list of statements attributing the source of everything to the field of pure creative intelligence. Among other qualities specifically mentioned as having their source in the field of pure creative intelligence are thought, e.g., T at 26, 30, 62, 162, 242, activity, T at 32, 102, 192, feelings, T at 102, and "all cultural traditions and values," T at 245. This list also is not exhaustive of the specific qualities which the textbook states have their source in the field of pure creative intelligence.

 Defendant Jarvis, president of World Plan Executive Council -- United States, agreed in deposition testimony that pure creative intelligence is the source of all creation, *fn9" but stated that "[it] is the source in that it is the ultimate constituent." Jarvis Deposition at 1050. Defendant Jarvis thus attributed a passive role to the entity of "level of life," Jarvis Deposition at 1019, called pure creative intelligence. *fn10" As stated in the textbook and reiterated by defendant Jarvis, the field of pure creative intelligence is the source of creative intelligence, which possesses all the qualities of pure creative intelligence. E.g., T at 40; Jarvis Deposition at 1036. Creative intelligence is the "impelling life force," T at 86, which expresses all the qualities in the universe, which are contained in the field of pure creative intelligence. Creative intelligence ranges from its source in the unmanifest field of creative intelligence to activity in all manifest aspects of life. See T at 20. Creative intelligence is coextensive with the field of pure creative intelligence in the sense that both the field of pure creative intelligence and creative intelligence contain "all the qualities of which we can conceive." T at 260. Creative intelligence manifests itself in all aspects of the universe while the field of pure creative intelligence remains always unmanifest, at the core of everything in the universe. T at 292. Creative intelligence thus can be seen as an active extension or projection of the field of pure creative intelligence.

 While the field of pure creative intelligence is described as silent, nonchanging, and immovable, the textbook describes creative intelligence as perpetually active in all aspects of the universe. In scores of places, the textbook ascribes activity to creative intelligence, and to qualities of creative intelligence. Identifying creative intelligence as "this impelling life force," T at 86, the textbook later states that creative intelligence "guides and sustains every aspect of the universe." T at 174. The textbook asserts that "the activity of nature is conducted by creative intelligence." T at 114. "Every breath of life is spontaneously under the control of creative intelligence . . . ." T at 38. "Creative intelligence is always giving an evolutionary direction to our thoughts, feelings, and actions." T at 52. "Creative intelligence is always gracefully arranging the parts of our life to form a pleasing whole." T at 62. "We discover that the creative intelligence that structures the blueprint of life in our genes also regulates the movements of the far-distant galaxies and inspires a musician to give expression to the fullness of life." T at 171. The textbook refers to the "activating power of creative intelligence," T at 60, 65, to the "inherent activity" of creative intelligence, T at 82, and to the "endless creative activity of creative intelligence," T at 240, and states that creative intelligence "perpetually creates." T at 242. "Creative intelligence is always acting, ever vigilant to unfold its unbounded resources in every particle of existence." T at 126, see, e.g., T at 110, 128.

 "Creative intelligence has structured the body in a manner that allows unbounded awareness to display its full value and enjoy the play of life." T at 224. "It is the love of a mother for her children that inspires her to greatness. Creative intelligence instills unbounded love in her, and this spontaneously generates the limitless creativity and energy needed for all her activities." T at 270. "Creative intelligence is comforting. It provides a family to soothe and nourish us." T at 274. "Creative intelligence is life-supporting. It creates a society that strengthens and upholds the fullness of life in each of its members." T at 282. *fn11"

 Among the other characteristics of creative intelligence is omnipotence. In addition to stating repeatedly that "everything in creation is nothing other than the expression of unmanifest creative intelligence," T at 260; see, e.g., T at 92, the textbook states that the field of pure creative intelligence is "the origin of all power in nature." T at 98, and that "the activity of nature is conducted by creative intelligence." T at 114. The textbook speaks of "the unlimited power of creative intelligence." T at 108. On the same page, the textbook states that creative intelligence "accomplishes all great things with no effort." Id. A few pages later, the textbook states that "creative intelligence is able to accomplish everything effortlessly by remaining behind the scenes of relative life." T at 118. The textbook states that creative intelligence is self-sufficient and self-illuminating. T at 122, 118. Although self-sufficiency and self-illumination are not necessarily aspects of omnipotence, the context of ultimateness and universality in which the textbook speaks of creative intelligence -- "universal existence," T at 292 -- eliminates all possible conclusions except that the self-sufficiency and self-illumination of creative intelligence is absolute and all-encompassing.

 The textbook refers to the field of pure creative intelligence as "the universal basis of all knowledge," T at 189, "the home of all knowledge," T at 149, 189, and "the stable basis of all knowledge." T at 97. The textbook asserts that creative intelligence "[upholds] all the different fields of knowledge and every expression of life." T at 172. The textbook states that

 
the activity of nature is conducted by creative intelligence, by that comprehensive, unbounded intelligence, by that enormous computer which takes into account all possible avenues in designing a single channel of action. Because every activity of nature is taken into account and is guided by creative intelligence, nature takes the shortest course."

 T at 114. It is true, as pointed out by defendants' counsel at oral argument, that a mundane computer is not omniscient because it contains only that data which has been fed into it. A self-activating computer which is "the home of all knowledge," however, is omniscient by definition. The textbook also asserts that the field of pure creative intelligence is " the reservoir of wisdom." T at 98 (emphasis supplied).

 Creative intelligence is omnipresent, according to the textbook. Attestations of the omnipresence of creative intelligence appear scores of times throughout the textbook. For example, in "Lesson 1" the textbook states that "creative intelligence is present everywhere, within us as well as outside us." T at 23. In the central section of the textbook appears the following passage:

 
Creative intelligence is universal and specific.
 
* * *
 
It is present in all forms, words, smells, tastes, and objects of touch. In all objects of experience, in all senses of perception and organs of action, in every phenomenon, in the doer and the work done, in all directions -- north, south, east, and west -- in all times -- past, present, and future -- it is uniformly present. In front of man, behind him, to the left and right of him, in him -- everywhere, and under all circumstances, creative intelligence is permeating everything."

 T at 186. Four pages from the end of the textbook, the book states that "creative intelligence is present everywhere, deep within everything as well as on the surface." T at 292.

 Creative intelligence is eternal, according to the textbook. The textbook states that the field of creative intelligence "has existed for all times. It is, always has been, and always will be the nonchanging basis of life, the fountainhead of all currents of creativity." T at 242. The textbook asserts that creative intelligence has existed "in all times -- past, present, and future . . .." T at 186. The textbook asserts:

 
From the individual to the universe, all that we see is the display of creative intelligence. It is an all-time reality; it goes on and on. And because it is creative, it keeps on creating. In its perpetual play the creation goes on, on the steps of progress. There is no end to it.

 T at 240.

 The textbook states repeatedly that creative intelligence is both unmanifest or unseen, e.g., T at 30, 41, 107, 132, 252, 295, and unbounded or illimitable or infinite, e.g., T at 24, 44, 74, 100, 126, 157, 180, 208, 244.

 The textbook frequently uses synonyms for creative intelligence and for the field of pure creative intelligence. For example, the textbook refers to the field of pure creative intelligence as "pure intelligence." T at 257. In one passage the textbook refers to the field of pure creative intelligence first as "pure intelligence" and in the following line of type as "intelligence." T at 82. Numerous additional references to the field of pure creative intelligence as simply "intelligence" appear throughout the textbook. E.g., T at 56, 60, 62, 89, 114, 157, 172. The textbook also refers to the field of pure creative intelligence as "the unbounded reservoir of intelligence." T at 102.

 The field of pure creative intelligence alternatively is called "the field of unlimited happiness," T at 32, 56, and "the unbounded ocean of bliss," T at 152; see T at 80, and "that field of unbounded bliss-consciousness," T at 122. The field of pure creative intelligence is "a field of unbounded happiness." T at 162. The textbook gives creative intelligence the synonym "bliss-consciousness." E.g., T at 55, 144. During the practice of Transcendental Meditation, bliss-consciousness, or creative intelligence, is said to "infuse" and "saturate" the meditator's mind. T at 38, 55, 56, 145, 180, 221; see, e.g., T at 95.

 The textbook synonymously refers to the field of pure creative intelligence as "universal existence," T at 292, and "perfection of existence," T at 118. The textbook labels the unmanifest field of pure creative intelligence as "the most fundamental field of life." The textbook describes the field of pure creative intelligence as "the unmanifest center of life," T at 36, "the unmanifest field of life," T at 41, "the nonchanging basis of life," e.g., T at 74, 98, "the universal basis of life," T at 188-89, 129, "the wholeness of life," e.g., T at 178, 262, "the holistic field of life," T at 262, "the holistic basis of life," T at 264. The field of pure creative intelligence repeatedly is called the "basis of life," e.g., T at 245, 107, and the textbook uses "the source of life" as a synonym for the field of pure creative intelligence. See T at 78. See also Jarvis Deposition at 1035.

 Another aspect of the field of pure creative intelligence is that it is "full." The textbook uses the word "fullness" as a synonym for the field of pure creative intelligence. For example, the textbook states that "[the] fullness from which creativity begins is the unmanifest aspect of intelligence. From that fullness the waves of creative intelligence arise and dance into manifestation." T at 22. In other sections of the book, the textbook states that creativity begins in the field of pure creative intelligence and that the waves or currents of creative intelligence also arise from the field of pure creative intelligence. E.g., T at 121, 242. The textbook, especially in the first lesson, states repeatedly that " fullness is the source, course, and goal of existence and progress." E.g., T at 22 (emphasis in original). The textbook later equates "the unbounded wholeness of pure creative intelligence" with "the source, course, and goal of all existence." T at 171. The textbook equates "the goal of all growth and progress" with "the unbounded field of pure creative intelligence." T at 44. The subtitle for Lesson 27 is "Applying Fullness for Success in Life." T at 250. The text of Lesson 27 speaks of applying the field of pure creative intelligence for success in life, thus substituting that phrase for the word "fullness.":

 
When the unmanifest field of pure creative intelligence is incorporated in our awareness through regular practice of Transcendental Meditation, it can be practically applied in all phases of relative life; so we spontaneously succeed in every undertaking.

 T at 252. Another instance of synonymous use of "fullness" and "the field of pure creative intelligence" occurs when the textbook refers to both terms as the "nature of life." In Lesson 7, the textbook states that during the practice of Transcendental Meditation "we experience the true nonchanging nature of life." T at 74. In Lesson 27, the textbook states that "the nature of life is fullness, bliss-consciousness . . . ." T at 252.

 The textbook states that the field of pure creative intelligence is perfect: "The field of pure creative intelligence is self-sufficient. It is fullness of life, perfection of existence, and therefore unattached to anything in the relative field, free from the influence of action." T at 118. "[No] sorrow can enter bliss-consciousness, nor can bliss-consciousness know any gain greater than itself." T at 144. The field of pure creative intelligence of course is pure and possesses all qualities in their pure form.

 The textbook speaks of certain goals of man and nature. For example, the textbook teaches that "the goal of life [is] perceiving the fullness of life in the waves of practical living." T at 250. The "living of the fullness of life" is the "ultimate success" of an individual. T at 257. The field of pure creative intelligence is the "goal of all existence," as well as its source. T at 171. The textbook instructs that the "true status" of each individual's mind "is unbounded bliss-consciousness." T at 55. If bliss-consciousness "could become permanently established in the mind, the mind would have accomplished its ultimate purpose . . . ." Id. Establishing bliss-consciousness in the mind of course occurs only through the practice of Transcendental Meditation. "The purpose of man's life is to gain a state of unlimited energy, intelligence, power, creativity, and bliss." T at 52. If this is the purpose of man's life, how can this purpose be fulfilled? The textbook answers four pages later by stating that this purpose can be fulfilled by contacting the field of pure creative intelligence, T at 56, which is "the inexhaustible fountainhead of energy, creativity, intelligence, and happiness," T at 121, and "the origin of all power in nature." T at 98. It is "the goal of all progress," T at 44, and "[the] goal of all activity." T at 52.

 The textbook frequently states that contact with the field of pure creative intelligence is the exclusive means of obtaining fulfillment. For example, "[the] experience of the holistic field of pure creative intelligence is an experience of wholeness, fullness, which alone can bring fulfillment to every phase of life." T at 260. Continuing in the same vein, the textbook states:

 
Our life has so many aspects. All the diverse aspects cannot possibly be attended to individually; fullness of life cannot be gained by amending the parts. What we can do is take care of the holistic value of creation, which lies in the unmanifest field of pure creative intelligence, by opening our awareness to it through Transcendental Meditation.

 T at 262.

 A fundamental teaching of the textbook is the existence of an unmanifest or uncreated level of life: "LIFE RANGES FROM GROSS TO SUBTLE TO UNMANIFEST." T at 152; see, e.g., T at 41. The textbook explains:

 T at 152. The unmanifest level of life is the field of pure creative intelligence: "The ultimate reality of every object is unmanifest creative intelligence." T at 154.

 In summary, the textbook teaches that there exists an unmanifest or uncreated field of life which is illimitable or unbounded or infinite. This field of life is present everywhere, both within and without everything and every abstraction in the universe. This field of life is active, has "unlimited power," and encompasses all knowledge. This field of life is pure and perfect. Synonyms for this field of life are "perfection of existence," bliss, and intelligence. This field of life is the field of pure love, see T at 218, pure truth, see T at 76, and pure justice, see T at 220. This field of being has always existed.

 Defendants seek to refute the statements in the textbook with conclusional assertions in affidavits and in their briefs the substance of which can be encapsulated thus: no matter what statements appear in the textbook, those statements are "not intended or understood as an [ sic ] religion, religious study or study of God." Jarvis Affidavit para. 27. Although defendants' counsel stated at oral argument that he would not call the Science of Creative Intelligence either a philosophy or a science or a religion, defendants' affidavits and brief argue and state that the Science of Creative Intelligence is a "philosophical study," Jarvis Affidavit para. 25, or "essays in philosophy," Harned Affidavit para. 27; see Db at 24. Based on this assertion, defendants seek to dismiss Creative Intelligence as merely "a philosophical idea," Harned Affidavit para. 28, or a "philosophic concept," Jarvis Affidavit para. 46 *fn12" and Db at 29. The textbook directly and explicitly contradicts these statements: "Creative intelligence is not just an abstract concept or idea; it is a concrete reality that can be practically applied to bring success and fulfillment to every phase of living." T at 250.

 In their papers in opposition to plaintiffs' motion for summary judgment, defendants also select certain descriptions of creative intelligence from the textbook and attempt to refute their obvious meanings. Some of these attempted refutations are supported by imprecise and unpersuasive analogies; others stand as bald assertions of belief by the affiants.

 For example, the textbook states that creative intelligence "guides and sustains every aspect of the universe." T at 174. Defendants state:

 
Creative intelligence is not understood or taught as sustainer of the universe in a religious sense. It "guides and sustains" in a scientific-philosophic sense, much in the same manner that gravity guides and sustains the path of the planets.

 Jarvis Affidavit para. 36. The weakness of the analogy requires little comment. Unlike creative intelligence, gravity is not, inter alia, the source of life-energy, the home of all knowledge and wisdom, and the origin of all power in nature. See T at 98, 149. Unlike creative intelligence, gravity is not kind, or adaptable or practical; nor is gravity an ocean of love. T at 214, 216. Furthermore, gravity does not control everything in the manner in which the textbook states that creative intelligence does. For example, "the activity of nature is conducted by creative intelligence . . . ." T at 114. "Every breath of life is spontaneously under the control of creative intelligence . . . ." T at 38.

 The textbook states that

 T at 114. Plaintiffs contend that this statement and a number of others in the textbook indicate that creative intelligence is "the determining force of the universe." Defendants reply:

 
Nor is creative intelligence the determining force in the universe. It may be said to conduct "the activity of nature" in the same way that the DNA molecule conducts growth in the individual and may be likened to an "enormous computer."

 Jarvis Affidavit para. 37. Some of the problems with this weak analogy are similar to those encountered in the previous analogy. There is no reason to believe that DNA molecules are kind or that DNA molecules are an ocean of love or that DNA molecules are "the ultimate reality" of every object, movement, and activity. See T at 154, 192. Moreover, DNA molecules are tangible; they are not the product of someone's imagination or belief, i.e., they are not "philosophic concepts" or "philosophical ideas." In addition, if DNA molecules can be said to contain the code or blueprint for the development of individual organisms, the textbook teaches that creative intelligence places that blueprint there: "the creative intelligence that structures the blueprint of life in our genes also regulates the movements of the far-distant galaxies . . ." T at 171. Not only does creative intelligence structure "the blueprint of life in our genes," but also "[creative] intelligence has structured the [human] body . . . ." T at 224.

 Defendants state that "bliss-consciousness" is not intended or understood as a religious concept; rather it is merely a term to characterize experiences accompanying a specific level of personal growth." Jarvis Affidavit para. 38. The textbook's use of the term "bliss-consciousness" directly contradicts this definition of "bliss-consciousness." At a number of points, the textbook uses "bliss-consciousness" as synonymous with creative intelligence. For example, "[as] creative intelligence, bliss-consciousness, becomes more infused in the conscious mind, every object becomes more charming, because we are able to perceive more of its full value." T at 55. Again, the textbook states that "[we] know that the true nature of the self is unbounded pure creative intelligence, bliss-consciousness -- that most self-sufficient field of life." T at 121. Still another example is the following quotation:

 
In cosmic consciousness a person's whole life is permeated by the light of pure creative intelligence. . . . He is established on that level of existence which is deep within everything -- that field of unbounded bliss-consciousness which is self-sufficient and self-illuminating.

 T at 122. Of course, "that level of existence which is deep within everything" is referred to elsewhere in the textbook as the field of pure creative intelligence. See, e.g., T at 292. *fn13"

 
The mere fact that qualities such as beauty, creativity, intelligence and orderliness, are associated with creative intelligence does not make creative intelligence the source of aesthetic values. A Rembrandt painting can be described using similar values, ...

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