by metatron 10 Replies latest jw friends
http://mormonmatters.org/2009/09/02/is-wrongful-excommunication-legally-redressable/
Guess who gets sued for excommunication issues more than anybody else?
I am thinking about a legal aspect of excommunication that I have never seen challenged before - that is, in regard to published bylaws and the autonomy of individual churches (that are not part of a hierarchy).
I need to research it a bit more.
metatron
He states that plaintiffs rarely win. I thought many more cases would show in the results. The journal itself was interesting. Why can't Witnesses have something like it?
My wonderment is this: if the Society claims that its congregations are autonomous (i.e. not governed as part of a hierarchy) then how can disfellowshipping work?
It seems to me that they are trying to claim (or evolve towards) a decentralized appearance that gets them out of trouble with liability. However, giving local elders the authority to excommunicate Witnesses all over the globe makes that "autonomous" false and is evidence to the contrary.
A truly "independent" congregation should only be able to excommunicate a person in their own church and not universally.
In addition, does legal precedent state that a person should be able to terminate their membership in THAT local church and thereby end any attempt to excommunicate them?
Finally, where are the "bylaws" governing JW conduct towards its members? I don't see any. Each congregation has a SECRET collection of BOE letters that define its "laws" but the average publisher is unable to see them. Where's the "list" of forbidden organizations? What forms of pornography can be viewed without review by a judicial committee?
and where has the publisher agreed in writing to these rules?
Even if these points aren't effective in obstructing the WTS in the US, I would think they might work elsewhere.
metatron
I don't know the legal distinctions between a hierarchical religion and a congregational one. The WT loves to control beards, hair length, reading material, etc. while pretending it is a separate organization. It would be interesting to research it. The WT has certainly researched it.
http://www.speakupmovement.org/church/content/userfiles/Church_Autonomy-v2.pdf
Take note of page 22 : Guinn vs Church of Christ of Collinsville.
This is a now famous case in which a woman was publically denounced for adultery. The court ruled that once she stopped her membership, the church had no right to denounce her this way. Could a Witness withdraw from a CONGREGATION ( and not the whole Organization?) and stop a judicail committee thereby? Would the Society avoid fighting this issue IF they get caught up in a fight about their "church structure"?
Also, although courts are loath to get involved in religious issues, they may have left the door open to action by civil courts to punish fraud. To me, that relates to lack of open published bylaws and the rank concealment of odious doctrines in the "What The Bible Really Teaches" book.
metatron
http://www.speakupmovement.org/Church/Content/userfiles/Resources/church_seven_bylaws.pdf
If you are reading this - and still believe that the Watchtower's Legal Counsel is top notch - ask yourself why they aren't following these procedures designed to ensure religious freedom and defense against lawsuits.
metatron
Wt Legal duties are to the GB, not to regular Jehovah's Witnesses. A court is not going to address doctrine. You are selectively finding law review articles that favor your position. I suggest reading all the law review articles on the subject. It would take quite a while.
Jehovah's Witnesses are very deferential. If we demanded access, we would be d'f'd. If you join a group with these practices voluntarily, the consequences can be expected.