The next type of mass tort could be filed by those of us who got prayed for, with or w/o our permission. The time is exactly right for that kind of litigation. We're living in a hybrid era of both a fascination with the paranormal (NEWSWEEK, 10/16/06, p 13)and with the emergence of the new atheism movement.
So, this class action suit can be played out in a variety of ways. And, believe me, it will make far better copy in the media than lead paint or french fries.
First, the voodoo angles. The research on the effects of prayer is less definitive than was once thought. For example, there seems to be no consensus in the research that those prayed for, whether they knew it or not, agreed to it or not, recovered more quickly or at all than those in the control group.
So, the door is wide open to claim that we who were prayed for got worse. Or our families can claim likewise if we croak. We can also pursue a breach of contract. We asked the Sisters of Many Many Sorrows to pray for us in 5 novenas. Although the novenas were said, we question the quality of the whole prayer system in that organization. You got the idea.
I have a possible case in mind. An evangelical alternative religious group aggressively seeks out people and causes to pray for. Yes, members of the group first ask our permission. But that doesn't really get them off the litigation hook, does it. We the prayed for might not welcome the outcome (God's will be done, is one of the options the group seeks for us the prayed-for) or we may feel that others received a better brand of prayer, for X or Y reason, than we received. My advice to do-gooders : Don't do any outreach with the prayer service.
On the atheist front. Given that many of the leaders in the new atheism movement are highly educated and self-righteous, the odds are excellent they will create a test class action suit to bring their issues high profile.
For example, one of those head honchos is Richard Dawkins of the University of Oxford. His latest book "The God Delusion" is receiving plenty of attention. And, clearly these boys - yes, they're mostly male - seem to love the attention of pushing hard on this last taboo in our society. In "Breaking The Spell: Religion As A Natural Phenomenon," Tufts professor Daniel C. Dennett explains how deep-rooted belief in a higher power is in our culture.
So, why not play. These leaders have the resources to stir up a litigation hornet's nest. For instance, they can round up a bunch of us religion & its discontents to file a class action suit against the individuals (the estate of my late parents) and organizations (the Catholic college I attended) which imposed, w/o our consent, their prayers on us. Sure, you can even mix in a little voodoo and further claim that such praying caused us harm. We can all do the mandatory shrink visits to document the emotional damage.
And, yes, I have a case in mind. Members of a self-help group told me that they were praying that I would see the light on a certain issue. I had left the group because I found its process bizarre and, yeah, harmful to me. I thought that was that. It wasn't. There was a voodoo prayer trail chasing after me. If the group wouldn't let me out of their prayers I'm sure that there were also a number of others held hostage to this field of force.
A more mundane type mass tort would be claims of damage (not getting hired, not getting a fair trial, receiving subpar care in a religious hospital) because of atheism.
I'm not being hyperbolic about the potential of this kind of new mass tort. In his WIRED article "The Church of the Non-Believers," Gary Wolf opines that open admission of being an atheist will be logical next step in the rights movement that led to the acceptance of gays. Not only will atheists come out in our God-centric culture. They will be outed, perhaps in court.