Sisters may pursue church case-Another Blow to the WT (page 2)

Elsewhere

This is absolutely astounding.

The Watchtower Bible and Tract Society actually argued that forcing them to report child molestation is a violation of their free exercise of religion.

Makes one wonder what kind of religion they are.

TresHappy

This is isn't a religion, but pure and simple EVIL!

hawkaw

I just can't re-state this enough.

This decision is HUGE

It is the biggest changing point in the history of the Watchtower and it needs to be stated FAR and WIDE.

I thought counsel might get a fiducary duty between elders and survivors who report the abuse. And yes the Judge did find the existance of a fiduciary duty (for the first time too) but it was between the mom and the elders - not the children and the elders. Why? Because the children didn't directly go to the elders ... th emom did - thus that count was dismissed.

But here is the big point that I never imagined. The judge is saying that the elders and WTS owe "common law duty" to report a child's abuse and to properly counsel the parent when it comes to thier attention. Why? Because of the serious danger to a child life outweighs all else and their only task is so little - reporting the abuse. For the first time in the WTS history such a MASSIVE ruling has occurred against this corporation.

STICK A FORK IN IT - THEIR DONE!!!!!!

Now Anderson, Norris and any other counsel and the Survivors have a weapon that is better than a friggin B-1 Bomber!

Of course the WTS and the perps still have the statute of limitations defence. God I just hate the statute of limitations sometimes so people like Paul Berry cannot be sued.

hawk

metatron

it does look good but I'm stumped by the courts acceptance of clerical privledge.

Elders are "untrained volunteers" - but allowed the legal status of a licensed therapist?

Also, why should the Watchtower be permitted such status for potentially a huge percentage of the congregation?

A church has a pastor or priest - a KH might have ten elders - and those are often uneducated 'cheese cracker' men.

progress is slow

metatron

Sam Beli

"progress is slow"

Yes, but it is progress!

Sam (of the glad to see progress class)

hawkaw

Met,

The court has set up to determine if clerical privilege applies or NOT. The court has only agreed that the elders meet the definition of "ordained minister" under NH law.

As per the WTS own documents they consider ALL baptized JWs as "ordained ministers". That is what is key ... not the licenced part.

I and many others courts agree with this court .... And thus, it is my opinion that all baptized JWs must report abuse in all reporting states and Canada. I have the WTS articles and Knowledge book stuff right in front of me. It's one of my main arguments as to why I believe that the WTS, still to this day, does not properly report abuse cases in reporting states/provinces.

As for clerical privilege. For years the WTS tries to use the same old song and dance .... that because the WTS's elders are "ordained ministers", the elders deserve the same privilege rights as priests. That is what will be the next argument before the court in March.

The problem with this is .... and the Courts in Canada have already recognized .... that what the elders do with the JWs information, does not meet the definition of clerical "privilege". Canadian and USA law is very similar on this point. What comes out in evidence in these cases is that the elders actually try to obtain evidence and investigate complaints when JWs go to elders. Privilege is NOT expected at all by all parties including the JW who went to the elders. Thus, the courts in Canada have thrown out this idiotic defence a few times now. Watch for the same to happen in this case. The key is the "flock book". Remember "confidential" to an elder, (who contacts other elders, writes letters to the servce department and legal) does not meet the same definition as "privilege" in the eyes of the law.

The key to this whole case now will be Sarah's testimony at trial. She needs back up evidence and she needs to be bullet proof to protect her from the WTS' attack on her credibility.

hawk

minimus

I csn see the HUGE mess the WB&TS is in. DOUBLETALK is something the Watchower will not be able to get away with in the "worldly" courts. I think the good people in New Hampshire and the surrounding areas will get to see "theocratic stratergy" in action and will be able to see how the Watchtower manipulates and discredits and lies and abuses.

bluesapphire

you're right hawk ---- HUGE

Seven

This is most excellent news!! Go Holly and Heather!!!

If it wouldn't cause H & H any more pain or anxiety I'd like to see this one on CourtTV.

The Watchtower Bible and Tract Society actually argued that forcing them to report child molestation is a violation of their free exercise of religion.

There is an exemption within the Religious Freedom Protection Act for abuse cases and amendments that clearly state there is no religious excuse for crimes against children and for failing to report abuse when required to by law. The ACLU warned the public last year that churches would cite portions of this law in an attempt to block prosecution. They were right, it's going to be a pain in the arse but too bad, it's not going to fly in this case.

metatron

Perhaps I misinterpreted the last paragraph of the news story. It says the judge ruled that elders in a similar case could not be

compelled to testify. I assumed this meant that the court had accepted a defense of clerical priviledge in regards to the

elders involved.

Am I wrong here? Did the court accept the defense in the other case?

metatron

Sisters may pursue church case-Another Blow to the WT

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