Moot Court Bench Memo
Supreme Court of the United States
____________
FALLWELL, GERRY JR.
PETITIONER
V.
CHURCH OF THE VIRTUAL VIRGIN MADONNA,
RESPONDENT
____________
Opinion presented by Chief Justice Marcella E. Lawrence
Syllabus
Facts: The Church of the Virgin Virtual Madonna (C.V.V.M.) was founded in 2003, following the death of singer/ songwriter Madonna. Although you can trace the roots of this institution back to the 1980’s, it was not until Madonna died from a gunshot wound that the religious aspect of this organization was formed. “Disciples” (followers) of her work believe Madonna to have entered the non-material plane of the internet and become a supreme being. Following her death, the community expanded and adopted a religious text, Madonna’s Sex, along with readings from Kinsey, Masters and Johnson. The community, as a whole believes themselves to be followers of a religion and part of a religious community. The group also holds Sunday school classes in which minors can engage in religious activity and participate in the community. As part of the curriculum, C.V.V.M’s Sunday school, teaches about sexual education and the hedonistic pleasures of sex. This education is taught by way of instructional erotic videos, readings from Madonna’s Sex, excerpts from Kinsey and Masters and Johnson, and music videos by Madonna herself. This curriculum was approved by the church officials, and they believe it to be valuable to the religious community and instill necessary beliefs regarding sexuality and personal faith. As this internet based religion grew in popularity, more of the public became aware of their activities. This caused a Virginia Beach reporter to run a few articles regarding the sexual aspects of this community and their Sunday school classes. The public concern and publicity soon caught the attention of District Attorney Gerry Fallwell Jr., who accused C.V.V.M. of violating the Virginia statutes regarding obscene materials. As a result,
____________
FALLWELL, GERRY JR.
PETITIONER
V.
CHURCH OF THE VIRTUAL VIRGIN MADONNA,
RESPONDENT
____________
Opinion presented by Chief Justice Marcella E. Lawrence
Syllabus
Facts: The Church of the Virgin Virtual Madonna (C.V.V.M.) was founded in 2003, following the death of singer/ songwriter Madonna. Although you can trace the roots of this institution back to the 1980’s, it was not until Madonna died from a gunshot wound that the religious aspect of this organization was formed. “Disciples” (followers) of her work believe Madonna to have entered the non-material plane of the internet and become a supreme being. Following her death, the community expanded and adopted a religious text, Madonna’s Sex, along with readings from Kinsey, Masters and Johnson. The community, as a whole believes themselves to be followers of a religion and part of a religious community. The group also holds Sunday school classes in which minors can engage in religious activity and participate in the community. As part of the curriculum, C.V.V.M’s Sunday school, teaches about sexual education and the hedonistic pleasures of sex. This education is taught by way of instructional erotic videos, readings from Madonna’s Sex, excerpts from Kinsey and Masters and Johnson, and music videos by Madonna herself. This curriculum was approved by the church officials, and they believe it to be valuable to the religious community and instill necessary beliefs regarding sexuality and personal faith. As this internet based religion grew in popularity, more of the public became aware of their activities. This caused a Virginia Beach reporter to run a few articles regarding the sexual aspects of this community and their Sunday school classes. The public concern and publicity soon caught the attention of District Attorney Gerry Fallwell Jr., who accused C.V.V.M. of violating the Virginia statutes regarding obscene materials. As a result,