Hi Cap: AlanF stated,
"The statement that under American law, minors cannot enter into legally enforceable contracts, is correct. However, to my knowledge this particular aspect has not been tested in the courts. Nevertheless, it was one of the things I pointed out to some elders several years ago when they wanted to come after me. I informed them that I was baptized as a minor at 15 years of age, and that if I knew then what I know now, I would never have been baptized. I hinted that this would come up in court if they tried to DF or DA me."
Alan is correct. Religious membership, however, is not under any enforceable law. When a person is baptized into a religion, they sign no agreement or contract, whether adults or minors ... they are free to come and go, in and out of a religion, and cannot be held to meet 'specific performance' under normal contract law ...
... the exceptions would be if a contractor performed work on a Kingdom Hall under a written contract, and either party defaulted, then it is enforceable. But that is a matter of a business relationship, rather than a religious relationship.
Freedom of religion means just that ... and no one can be held or bound to stay with a particular group or denomination. Even Catholic Priests and Nuns can walk away at anytime under law ...
What JWs are trying to do when they are considering using the courts against the Watchtower is to remedy a situation they do not like, such as ending shunning and/or address issues of Libel. There is nothing that can be done about shunning, because those who shun do so out of their belief under their individual right of freedom of relision ... and, Libel is very hard to prove under almost any circumstance, religious or otherwise.
The enforceable elements of Contract law means: A written document, between consenting adults (usually 18 years of age or older), agreeing to make a lawful exchange of goods, services, and/or money (consideration) ... the 'object' of the contract must be lawful, that is, the service or product must be within the limits of the law ... you cannot lawfully contract, for example, to have someone murdered.
Some states allow unilateral contracts, such as Illinois where I live. A unilateral contract that is enforceable might be a Will, for example ... but a religion cannot have a unilateral contract with members, where members are bound but the church is not ... except in cases of Wills, Trusts, and Estates that a decedant awards to a church ... and if a wealthy minor died, having willed his/her estate to the Watchtower, surviving relative could likely challenge such a Will.
When you get baptized a Baptist, or Methodist, or Catholic, or whatever, you have NOT entered into any lawful contract, as it does not meet the test of what constitutes a contract.
Were I would attempt a lawsuit, I would attack their failure to 'disclose' material facts as they pertain to and affected my decision to join a religion and make financial contributions. This would likely have to be tested in court under some type of "Statute of Fraud" ... where people are induced to give support that they otherwise would not give have they been given "proper disclosure" about the goods, services, or institution involved.
For example: If the members of the JWs discovered that the Watchotwer was owned by say, Al Quaeda, or the Mafia, or the Catholic Church, then they may have a case for a class action suit because clearly, this would be a fraud perpetrated upon the JW members at large.
Another way to view this is to ask, "If a "minor" gets baptized, and subsequently contributes labor and/or money, can he/she seek reimbursement and other court sanctions as a remedy?" As minors they gave without being consenting adults. There could be possible child labor laws violated - working on Kingdom Halls, Assembly Halls, and door to door canvassing ... and the minor was induced to give financial support without proper disclosure and the like.
I know that mail order sales companies get into trouble at times when a minor orders products, because minors cannot be made to pay ... and the company has to eat the loss. It is the risk they take ... although some states are now starting to make parents liable.
Sooo ... the short of it is: Unless you can establish where the religion broke some law in baptising a minor ... then there is little hope of gaining anything from a lawsuit ... and there is no contract even if a person is an adult ... joining a religion does not meet the standards of basic contract law.
