Attorney's response-Minors-baptism-verbl-cntract

by Cappuccino OC 17 Replies latest jw friends

  • Cappuccino OC
    Cappuccino OC

    This is the response that an attorney, practicing in the state of CA, responded to my question if minors are bound the verbal contract (questions 1, 2 given after the baptism talk).

    "Nice to hear from you. In response to your question, although I am not a contracts attorney (I have some knowledge in the area), in my opionion, I don't believe that you can contract with a minor and force a minor to perform under the contract. You might need some kind of affirmation from parents or the court.

    Hope this helps. Let me know if you get this message."

    "In addition to my prior response, therefore, I believe the contract is void and that you have no contract."

    YES!!!! I'm free, free, free!

  • StinkyPantz
    StinkyPantz

    So what exactly does this mean for all of us that were minors when we were baptized? Was it not "legal"? Does that mean that we couldn't "legally" be disfellowshipped? Tell me more. . .

  • Naeblis
    Naeblis

    Like I mentioned in chat, I sincerely doubt that religious agreements/baptisings will be viewed the same as a legal contract. The lawyer also admitted that he's not an expert in that particular aspect of law, so before you get too excited I would get a second opinion.

  • mustang
    mustang

    Where to begin? Its not always simple as the first blush....

    This is being discussed by others and has been discussed before, though, maybe not as vigorously. And there are other strong discussions of this currently going on.

    1: Check into RATIFICATION. If you continued on as a JW as an adult, after passing your age of majority, it could be considered that you RATIFIED the CONTRACT. (This is similar to using your Credit Card AFTER the 10% rate hike. That usage of the Credit Card RATIFIES your approval of the new rate. Read the fine print.) Similar arguments are held for ANNULMENT of Baptism. See a recent thread (~9 June 02) with ANNULMENT in the title.

    YOUR PERSONAL CIRCUMSTANCES WILL CHANGE THIS ALL OVER THE LANDSCAPE.

    2: FINE PRINT. Therein lies a good question: where is all this JW "fine print". Frankly, you wont see it UNTIL you take on Brooklyn with a lawyer. Then they roll out 20 tons of cases that have been fought before. Now, not all of them REALLY won and not all of them are completely in their favor. Some may only be fragments of arguments that could have been settled either way. See Alan Fs dissertation on this (under Osarif website, I believe). Metratron or Amazing( I think) mentioned that LACK OF DISCLOSURE is probably a better basis for an approach; it may have to be combined with something else.

    LACK OF DISCLOSURE may be a more powerful contender, for the future, though UNDERAGE BAPTISM could get a ball rolling.

    3: These things dont necessary fall under SECULAR LAW. Most WTS actions come under CHURCH LAW, which is alive and well. I have several pages of precedents that have been used to knock the props out from under most such discussions. WTS is not alone; many Churches have used these and they all ultimately fall into bed with each other by copying.

    Church Law essentially allows ALL Church decisions to be viewed as a LAW FROM A SOVEREIGN GOVERNMENT, until or unless the CHURCH LAW violates a secular CRIMINAL LAW. So, unless the Church is involved in a felony, the SECULAR COURT bows out, due to JURISDICTIONAL DISPUTES. Secular Courts have been known to say "...we are not competent to adjudicate this matter".

    This assumes that the offended party has agreed to the Churchs ARTICLE OF FAITH or such. These become a DE FACTO law and the Church is allowed RELIGIOUS TRIBUNALS and even PUNISHMENTS (i.e DF/DAing).

    SINCE YOU WOULD BE ATTACKING THE VERY STRONG FOUNDATION AND A MAIN SECRET OF THE RELIGIOUS EMPIRE, expect a big disagreement leading to a fight from WTS; expect no help from the Secular Court. They will bow out faster than your hat can hit the ground. On the Civil front, you can fight this as FAR AS YOUR POCKETBOOK WILL TAKE YOU and the outcome is likely a crap shoot favoring Brooklyn.

    I am not a WTS exponent but I have observed this for over half a century and have studied the annals further back than that.

    There are other approaches and a huge amount of reference material is available. Do not give up, this is worth doing and somebody may come up with a way to approach this. I feel that this idea will have merit in time, when combined with other approaches.

    You should follow the other threads, with Amazing and Dutchie.

    There's more...

    Mustang

    Nothing that I write or utter is to be considered legal advice. Consult proper counsel for such matters. Further, all that I write or utter, is protected by religious freedom under the 1st Amendment to the Constitution of the United States, as the "free exercise", as well as "freedom of speech" clauses.

    Edited by - mustang on 11 June 2002 1:38:1

    Edited by - mustang on 11 June 2002 1:43:20

    Edited by - mustang on 11 June 2002 1:47:37

  • StinkyPantz
    StinkyPantz

    Thanks mustang, I figured that was too good to be true.

    BTW, nice disclaimer....

  • mustang
    mustang

    Cheer up, all; this does need to be pursued.

    These discussions will bring ideas to the surface and SHOULD CONTINUE. I'm not sure its down for the count, just a tough row to hoe.

    Now do you really like "Once a witness always a witness"???? Consider some alternatives. Note a comment on DFing in this post:

    http://www.jehovahs-witness.com/forum/thread.asp?id=29728&site=3

    Perhaps, a sword cuts both ways. If they can hide behind a law, they can be trapped by it , too!!!!

    Mustang

    Nothing that I write or utter is to be considered legal advice. Consult proper counsel for such matters. Further, all that I write or utter, is protected by religious freedom under the 1st Amendment to the Constitution of the United States, as the "free exercise", as well as "freedom of speech" clauses.

    Edited by - mustang on 11 June 2002 2:34:51

  • dungbeetle
    dungbeetle

    fraud is fraud. Churches must obey the law just like any other entity,

    that's why the governments can raid Indian/Native American/Indigenous persons on the reservations; that's why the government was allowed to move on the People's Temple and the Branch Davidians.

    1) First off: is it harmful for children to be baptized. Obviously it is 'YES' but the harm has to be articulated and demonstratable.

    2) Does the level of harm reach the point where it approaches child abuse? It certanly has the potential, considering the case in Canada where the girl could be df'd/shunned if she chooses lifesaving blood transfusions. Hold up that infamous AWAKE with the 26 faces on the front of it, its easily demonstable, or at least its potential.

    3) As far as 'ratification' any contract can be revoked if it can be proven to be fraudulent, carried out in bad faith. Really, how often does Watchtower allow baptisms 'in good faith'...

    4) What I expect is that if enough Americans make a fuss over their child baptisms and how harmful it was and how much better it is to NOT be baptised as a child, then Bulgaria and Russia and Canada and France will take up the flag and run with it in their own countries; pressure will be put on Watchtower in those countries which can then pass pass right back to here.

    5) Public relations. Telling the world through personal experiences and the media how harmful these child baptisms are means less literature bought at the doors and fewer converts in the Halls. It could even mean more Witnesses voting with their feet and their pocketbook.

    It's a worth cause to take up in my opinion, and RIGHT NOW is the time to bring it up. Get those photos of the children being baptised as outnfree mentioned on her post. Ship them off to Bulgaria, France, Russia. Especially those of you who HAVE to go to conventions anyway, get all 'excited' and grab those cameras and snap away.

    This is a battle Watchtower may not even be wiling to fight. I think it's worth a try. I don't think Watchtower is going to drag former members into court to 'rebaptize' them, but the publicity may cause pressyre on the young ones to ease up.

    Go guys goi!!!

  • Cappuccino OC
    Cappuccino OC

    Hey guys,

    Thanks for all of YOUR good advice. Besides the attorney's e-mail, I spoke to him personaly. He is the one of the 'best' attornies in Southern California; he's also a trial attorney. His record of winning cases 'say' alot.

    I'm not sueing anyone. I'm just having the attorney, from CA, write a letter to the local elders. I now live in another state. With the proper wordage & CA RCW's (laws).

    If they, the local elders, want to pursue it say by DF me or DA, my attoreny letter will state that I will take them personally, local elders & not the WTS to court. The following will be included & other items.

    1) LACK OF DISCLOSURE

    2) As far as 'ratification' any contract can be revoked if it can be proven to be fraudulent, carried out in bad faith

    3) A contract with a minor is not legal .

    Thanks for all your advice. I appreciate it. I LOVE construcive criticism!

    Cappuccino OC

  • Marvin Shilmer
    Marvin Shilmer

    This talk about contracts is probably a waste of time.

    If a baptized minor decides he or she no longer wants to be recognized as one of Jehovah's Witnesses then congregation elders will oblige with an announcement to that effect. The announcement will be that the person has disassociated themselves. This means the person gets shunned whether their baptism was valid or not. That is, whether they were "sufficiently capable"[1] to make a LIFELONG dedication in PRAYER at the time is made irrelevant. If the minor rejects a judicial tribunal for some infraction the WTS would probably advise that the individual has disassociated themselves by that rejection. So they would still be shunned.

    I believe the only problem arises for the WTS if a person can prove they were emotionally harmed by submitting to something they were unprepared for and responsible adults knew this. And I think this claim would have to be made while the person is still a minor or within a short time after reaching the age of majority. But this would not be a case of contract law. It would be personal injury claim. The individual would have to prove a personal injury and who was responsible for it. This is why that July 15, 2002 Watchtower QFR article is so interesting. It admits that some persons are baptized as JWs though they are deemed insufficiently capable of saying a prayer for mealtime.

    ________________

    1. From the July 15, 2002 Watchtower QFR page 27: "What, though, if a young son in the family is a dedicated, baptized servant of Jehovah God?... if the father is absent, then the mother should wear a head covering if she conducts a Bible study with the young baptized son and the other children. Whether she calls on the baptized son to pray at such a study or at mealtime is left to her discretion. She may feel the he is not yet sufficiently capable and may choose to offer prayer herself."

  • AngryXJW
    AngryXJW

    CrockOC:



















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