I am passionate about this issue of shunning as well.......The responsibility lies with the WTBTS almost totally. It has a draconian policy that enforces it's DF DA policy by threatening additional punishment for anyone baptized who does not shun. There are no what ifs or possibilities or exceptions. You can in turn be DF if you are known to be in contact with a DF or DA person repeatedly and not engaged in 'family business' whatever the hell that means.
when religious groups shun their members, more is at stake than the religious freedom of the group. Each member of the group has free exercise rights at least as compelling as the group that shuns them. The test of Sherbert v. Verner' 75 should be applied with this guiding principle in mind. When courts ignore the free exercise rights of individuals and look only at the religious claims of groups, they elevate the group's religion over the individual's religion. This is a dangerous path to follow. It gives religious groups virtually unfettered coercive power over their members and former members and blocks dissent and doctrinal development.
http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3827&context=penn_law_review
As discussed previously they use coercion to enforce their policy. Coercion is a criminal act meaning it is against the law of most every country .......which in my opinion makes the Society a criminal organization.
As practiced by some of the religions that shun...... every one gets punished including the person who sinned or DA, including their close family with a lack of contact. And the shunning punishment continues for life even for non scriptural reasons like smoking etc.
So this organization denies a person the right of free speech as well as the right to close family ties.
I expect that we will see tort reform that will be aimed at shunning since it clearly is a denier of the right of freedom of religion which means you can pick and choose another religion should you want to. It also imply's freedom from a religion.
If you asked anyone in the belief could you torture a JW sinner they would answer............. NO! But shunning is a form of torture and the law will start to catch up to this form of torture.