by OrphanCrow 161 Replies latest watchtower child-abuse
deemed a “penitent”
That is a basis. Given 909, penitent and priest qualifications under the provision can be decided by Court. Which means that even if JW could enjoy 909, the penitent priest relationship did not exist because the Court determined that the penitent did not qualify.
You know that the Supreme Court has ruled that legal limits on clergy privileges can be set (if it's incidental to something like, say, reporting child abuse) right Fisherman? Employment Division v Smith (1990), right? States can individually choose to accomodate, or they can restrict certain activities.
"It is a permissible reading of the [free exercise clause]...to say that if prohibiting the exercise of religion is not the object of the [law] but merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended"
Is this why we're on totally different pages here?
juvenile’s subsequent excommunication indicated he might not have willingly met with the elders, and did not consider the meeting as a form of repentance as part of absolution and a “sacramental confession.”
I think that the only basis here is age. Any other attempts to disqualify JW existing church "confession" settings will be overturned.
In conclusion, the court ruled that a narrow interpretation of Section 909 “is unconstitutional on its face” and the terms “priest,” “penitent” and “sacramental confession” apply to only select denominations if taken literally.
“The Delaware Constitution prohibits laws that give preference to any religion,” the court wrote.
“However, Section 909 can potentially be read to apply to all religions.
“Regardless of the constitutionality of Section 909, genuine issues of material fact exist that prevent summary judgment.”
Delaware Code states that Section 903 violators “shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation.” Costs and attorneys’ fees may be awarded as well.
TGNT
Thank you for cut and pasting what was already posted in a link that many did not READ as you finally decide to.
Any other attempts to disqualify JW existing church "confession" settings will be overturned.
I don't believe any attempt has been successful. LOL.
"...Any attempts to force JW to change their existing 'penitent priest' setting to qualify for a religious confidentiality immunity provision will be overturned in the Higher Court...."
They don't have to "force" JWs to do anything.
The tribunal-like setting and meticulous record-keeping inherent in the WTS's "judicial" process makes it so far removed from anything even resembling a "penitent/priest" setting that it already disqualifies itself from anything like a "religious confidentiality immunity provision".
