The legal implications of a Watchtower power struggle.

by DT 7 Replies latest jw friends

• 

  DT

  In the United States, the courts have refused to hear cases about disfellowshippings or shunning issues because of reluctance to interfere with church law. This has protected the Watchtower Society legally and given them wide latitude in how they abuse their members.

  I wonder if this could also work to their disadvantage. A disfellowshipping is a simple case of one person against many, so it can safely be assumed that the many are the ones enforcing church law. What if a whole group of people rebel at the same time while still claiming to be Jehovah's Witnesses? It might not be clear which side would have the authority to impose church law on the other and it appears unlikely that the courts would be willing to settle the issue.

  I would like to present a scenario. I'm not saying this is likely or practical. I'm merely curious about what the legal implications would be. If this scenario couldn't work, as a matter of principle, I would be curious to know why.

  Suppose a group of Witnesses of at least several dozen agree on a course of action. Let's assume that this group includes officers from some of the Watchtower corporations and at least one complete body of elders. This group concludes that the governing body has disassociated itself based on their prior affiliation with the United Nations as an NGO. The facts are a matter of public record, so they conclude that no judicial committee is necessary. They disassociated themselves by their actions, as stated in Watchtower literature.

  At least one body of elders announces that the individual members of the governing body are no longer Jehovah's Witnesses. The group then appoints some of their own as a new governing body. They start publishing a small magazine to communicate their new decisions. They may overturn some controversial decisions such as making the blood issue a conscience matter. They could invite disfellowshipped or disassociated ones to return to their group by simply making the request, rather than enduring months or years of humiliating repentance. Under the right circumstances, this group could grow rather quickly.

  The old governing body would probably disfellowship this new group promptly. They might try to evict the ones at Bethel, but they could resist by claiming that the governing body are no longer members of that religion and therefore have no authority. They could also probably at least postpone eviction by invoking tenant protection laws.

  The old governing body might try to dissolve the congregation(s) that is controlled by the rebel body of elders. Once again, it could be argued that they are no longer members of that religion and don't have the authority.

  Presumably the courts would refuse to interfere by making a decision on who are still Jehovah's Witnesses. I'm sure the current power structure has legal provisions to deal with this kind of situation. However, this could get complicated if some of the dissidents have legal authority as officers of their many corporations. It appears that the governing body have tried to shield themselves from legal liability by
  fragmenting their corporate structure. Would this make them more vulnerable to a successful coup?

  I welcome your comments. I would especially be interested in hearing about how other religions have dealt with power struggles like this.
• 

  snowbird

  The only thing I have to say is that the Courts would hardly get involved in a religious power struggle.

  I think there has to be a grass-roots, street-level push for change as was done during the Civil Rights era.

  Sylvia
• 

  stillajwexelder

  I am not a lawyer - but it will not happen
• 

  Farkel

  What I don't understand is how anyone thinks that trying to preserve the Jehovah's Witnesses religion in any form, albeit completely reformed after huge amounts of effort and lots of luck, is worth all the trouble. The odds of successfully doing it are miniscule. They have the money and the lawyers and the protection of the Courts.
  
  And what would you get if your wish came true?
  
  (Hint: you can't shine shit.)
  
  Farkel
• 

  DT

  What I don't understand is how anyone thinks that trying to preserve the Jehovah's Witnesses religion in any form, albeit completely reformed after huge amounts of effort and lots of luck, is worth all the trouble.

  I agree that the Jehovah's Witness religion is probably irreformable. I'm exploring the idea of internal conflict because I believe it is possible that this could lead to their demise, or at least a loss of influence, not because I think it would an effective path towards reform.

  The odds of successfully doing it are miniscule. They have the money and the lawyers and the protection of the Courts.

  That's why I think it is interesting to speculate about what would happen if an internal power struggle threatened to cause a division of their assets or even a seizure of their assets by an internal faction. I think it might be more fair to say that they have the nonintervention of the
  courts. I don't see why this couldn't hurt them if the right kind of situation presented itself.

  And what would you get if your wish came true?

  I want the governing body to lose power and influence and maybe some sleep over the possibility that their own members will someday learn about what kind of frauds they are. This is unlikely to happen do to external opposition. Jehovah's Witnesses have a strong us verses them mentality that prevents them from even listening to criticism. It would be different if an internal conflict confused the issue over who the "us" is or which group is supposed to get their unquestioning loyalty. They would actually have to think and consult their own consciences instead of letting a group of old men do the thinking for them. I think this would be the beginning of the end for the Watchtower Society.

  (Hint: you can't shine shit.)

  Very true, but I would love to see the kind of mess that is made if the Witnesses try.
• 

  AllTimeJeff

  As far as recent examples in other religions, several diocese of the Episcopalian Church in the US voted to break away and join the S American cone of the worldwide Anglican community. They are former Episcopalians who are now called Anglicans. They no longer recognize the Archbiship of Canterberry. (sp) There is going to be legal challenges on which churches that broke away and who they belong to. However, the breakaway Anglicans have already voted in leadership for their group.

  If you were to use this example as a mold, then there are several things missing, most notably, the fact that JW's have never claimed to belong to a broader community of believers in the world. While we all know that Russell got his start by morphing from 7th Day Adventists, these two factions would never join for a variety of reasons. There simply is no place to go. Add to this that in the US, all KH's have been pretty much signed over to the WTBTS, you can see that the governing body is aware that this could happen and it is on their mind.

  The one thing that could happen is a power struggle, reminiscient of the Rutherford takevover in 1917. Because the legitimacy of the GB has been established over the decades, it would take a widesweeping movement to pull it off. The fact is that since the GB is the final authority of JW dogma, they can choose to change, or even ignore their own dogma and bylaws. To challenge that in my opinion would be difficult.

  The benefits of course would be great to those of us who know that JW's are a cult. It would greatly dillute the power, faith and zeal of its core believers. It would likely get more of the real history, the dirty laundry so to speak, out to where the rank and file could have greater access. If it didn't start a different movement altogether, it would likely weaken it to a point that it couldn't recover from in its present form. I am all for that!
• 

  Farkel

  AllTimeJeff,
  
  :While we all know that Russell got his start by morphing from 7th Day Adventists,
  
  No, it was the 2nd Adventists that influenced Russell. The WTS and 7th Day Adventists both morphed from that group.
  
  :The one thing that could happen is a power struggle, reminiscient of the Rutherford takevover in 1917.
  
  A power struggle? Perhaps. That is always a possibility, but not like the 1917 takeover. Rutherford seized power by ignoring Russell's Last Will and Testament in which he appointed his successors and which excluded Rutherford. That was a Corporate takeover, not a religious one. There are now 4 main (and many other shadowy) WT Corporations, and they all (the 4 main ones) need to work together or the WTS couldn't function. The chances of a Corporate takeover of all four of them is very slim. It can't be done with just money, because the WTS is privately owned and stock cannot be bought by just anyone.
  
  :Because the legitimacy of the GB has been established over the decades, it would take a widesweeping movement to pull it off. The fact is that since the GB is the final authority of JW dogma, they can choose to change, or even ignore their own dogma and bylaws. To challenge that in my opinion would be difficult.
  
  Agreed.
  
  :The benefits of course would be great to those of us who know that JW's are a cult. It would greatly dillute the power, faith and zeal of its core believers. It would likely get more of the real history, the dirty laundry so to speak, out to where the rank and file could have greater access. If it didn't start a different movement altogether, it would likely weaken it to a point that it couldn't recover from in its present form. I am all for that!
  
  The World Wide Church of God (which admired WT teachings) was similar in structure to the WTS a few decades back, and then they were rocked by a giant scandel and lost over 90% of their membership. The Church Founder's Son stepped forward and admitted they were false prophets and admitted a lot of other wrongdoings of the Church. The bleeding stopped and the Church stabilized and even started growing again.
  
  Sometimes it just pays to be honest about matters. Except if one is the WT Corporation, that is.
  
  There are two more important ways to "reform" the WT other than a coup, if anyone thinks the WTS is worth reforming. I don't. One is by voting with one's feet. In otherwords bolting the religion. This is happening now and I know the WTS is worried about it. The other is by hitting them in the pocketbook, which is really the only thing they understand. Dubs can hit them in the pocketbook without bolting, too. Just don't give them any more money! Take their stupid literature and don't give them a dime. If they ask for money for it, give it back. It's worthless anyway!
  
  Farkel
• 

  mcsemike

  I'd LOVE to see that happen. Sauce for the goose. But I agree that it won't happen soon, or at all. There are just too many JW's who want to play by the GB's rules. They are psychologically trapped in the "mindset of lunacy".

  Even a grass roots movement would take a tremendous amount of strength from the rank and file JW's. I don't think there are enough to make a difference.