First of all, WELCOME to our JWD forum. It's great to have you heRE and your first post is a most interesting one, IMO.
I recently posted a portion of some research I've been doing on Tort Law as it relates to disfellowshipping. I, too, am of the opinion that there is cause to believe the WTB&TS can and should be held liable for their part in corroding families by their practice of shunning, especially when disfellowshipping and the shunning that follows happens to young persons who were raised in it from early childhood.
My take on it, is that although in the past, the courts have chosen to back away from issues where religion is concerned, our society is beginning to realize the consequences of these practices by cults posing as religions like the JWs, Scientology, and others. These types of non-mainstream religions by such heinous acts as shunning corrode the very fabric of our society when they psychologically and emotionally injure young children. IT'S NOW TIME, IMO, FOR THE COURTS TO WAKE UP TO WHAT IS ACTUALLY GOING ON REGARDING THESE MIND-CONTROLLING TECHNIQUES PERPETRATED ON CHILDREN IN THE NAME OF RELIGION. When friends and family shun someone for simply discarding a religious belief, more is at play here than meets the eye.
IT'S TIME THE WATCHTOWER BIBLE AND TRACT SOCIETY ALONG WITH ELDERS AND ANYONE ELSE CALLED A JEHOVAH'S WITNESS TO BEGIN GETTING SUED RIGHT AND LEFT FOR ALL THE PAIN AND SUFFERING THEY HAVE AFFLICTED ON THOSE WHO WERE RAISED IN THIS CULT THEN LEFT.
Here's a portion of my post:
3] The third theory rules that shunning or excommunication can be -- by itself -- tortious conduct subject to liability.
This theory assumes that the state interest in preventing shunning and excommunication is strong enough to allow state interference in all of these decisions. The first case to adopt this posture, Bear v. Reformed Mennonite Church 106 advanced this argument in its simplest form:
In our opinion, the complaint, in Counts I and II, raises issues that the 'shunning' practice of appellee church 107 and the conduct of the individuals may be an excessive interference within areas of 'paramount state concern,' i.e. the maintenance ofmarriage and family relationship, alienation of affection, and the tortious interference with a business relationship, which the courts of this Commonwealth may have authority to regulate, even in light of the 'Establishment' and 'Free Exercise' clauses of the First Amendment.
Other courts have also agreed with this basic approach, and ruled that shunning and excommunication are actionable conduct even when it is unaccompanied by any other activity.