by Dogpatch 8 Replies latest jw friends
Often I get this question more than others. The problem is the separation of church and state in the U.S. Check out this review:
http://www.randytv.com/secret/dfletter1987.htm
Randy Watters
Watchtower Store!
http://www.freeminds.org/sales/menuframes.htm
I guess it would depend on wether or not you were suing to stay in, or for emotional distress, estrangement from your family, etc. It would suck to sue them and then stay in the org...Talk about being shunned.
One thing I have always wondered about is, could someone successfully sue the local elders who served on his or her judicial committee for breach of confidentiality? I remember as an elder, it was emphasized over and over again NOT to discuss any case with those who weren’t on the committee, this even included other elders on the local body.
Now, all of us know that the Society is notified by the local judicial committee when an individual is df’d. On this form many details are noted that this certain individual “confesses” to the judicial committee. When serving on a JC, I don’t ever recall telling the person before us that the Society will be this form containing the details of this particular case.
Is this a breach of ecclesiastical privilege? I wonder how this would hold up in a civil case? Has it ever been tried?
Hey Randy,
Freeminds is having a sale. Are you going to buy some old WT literature? Pastor Russell and the Judge Rutherford would be happy if you buys some of their old books.
Hi Roybatty,
You can sue anyone for slander if they are talking bad about you in a way that affects your rights as a citizen, as well as your economic matters, etc. That is true in any environment. For instance, Fred Hall, though hiding in anonymity, could be sued for hindering the business affairs of Free Minds, Inc. (though he has not, merely an example), and eventually his identity would become known to the court and to everyone else as the case played out. But Fred Hall could not be sued for shunning. :-))
Randy Watters
Net Soup!
http://www.freeminds.org
http://www.watchtowernews.org/shunningcan.doc
Canadian Parliament did a study on the practice and mention some successful cases of suing for aliention of affection.
Hi alamb,
Yes, we hope to see more cases like what you referred to in Canada, especially in Europe, since they can now do this with greater authority, thanks to Solar Temple, etc.
Randy
Hi Dogpatch:
My Civil Rights package (you have a copy) goes in the mail Monday. I am waiting on one more affidavit.
I will try to copy the whole thing and mail it to you. It is about 3 inches thick.
;o)
Hi Randy: It is tough in the USA. But, libel and slander are one of the established ways. That is why the Society boiled down the DF statement read to the congregation to simply say that "so-and-so is DF'd". But, I strongly believe that it is only a matter of time before some interesting case law pops up in the USA that will break down this reluctance in the Courts to tamper with Church Government.
