Case Again Dismissed On Its Merits
In November 2010, the judge in the case dismissed it on its merits a second time. With the exception of one item, the Bylaws of the Anthroposophical Society, all of the plaintiff's evidence was either withdrawn before trial or excluded at trial as inadmissible hearsay. The plaintiff called one percipient witness, not friendly to their cause, and no expert witnesses. In his ruling, the judge cited the plaintiff's attempts to elicit from a percipient witness testimony only allowable from an expert witness, and their "complete failure to present percipient testimony relevant to the essential issues in the case" as already sufficient basis for an adverse judgment. He added, however, that aside from the plaintiff's effective failure to present a viable case, "the evidence suggests that anthroposophy is a method of learning which is available to anyone regardless of their religious or philosophical persuasion. Stated another way, anthroposophy is more akin to a methodology or approach to learning as opposed to a religious doctrine or organized set of beliefs." The judge concluded by giving a detailed analysis on the basis of a number of determining factors why anthroposophy should not be judged a religion for Establishment Clause purposes.
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