Fisherman
JoinedPosts by Fisherman
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161
Court denies summary judgement for Laurel Jehovah's Witnesses congregation
by OrphanCrow incourt denies summary judgement for laurel jehovah's witnesses congregation.
a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.
http://courts.delaware.gov/opinions/download.aspx?id=235880.
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Fisherman
Listener, thanks for the very interesting article. I appreciate the information.but JW commentary has nothing to do with the immunity WT enjoys in the US which is the substance of this case. -
161
Court denies summary judgement for Laurel Jehovah's Witnesses congregation
by OrphanCrow incourt denies summary judgement for laurel jehovah's witnesses congregation.
a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.
http://courts.delaware.gov/opinions/download.aspx?id=235880.
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Fisherman
the Supreme Court will be compelled to weigh in on clergy privilege
What entity will compel the Supreme Court to do anything? Hogwash.
So many crimes are accumulating that are "exempted" for the clergy penitent privilege, there is an overwhelming load of litigation in lower courts in disagreement with each other. The SC has no choice but to address it.
More Hogwash from you.
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161
Court denies summary judgement for Laurel Jehovah's Witnesses congregation
by OrphanCrow incourt denies summary judgement for laurel jehovah's witnesses congregation.
a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.
http://courts.delaware.gov/opinions/download.aspx?id=235880.
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Fisherman
Six jurisdictions have expressly abrogated the clergy/penitent privilege with regard to mandatory reporting laws
That is another topic and when the state mandates the church to report crimes, simply put, that is the law; however, JW version of confession does not disqualify them when immunity is a provision to religions.
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161
Court denies summary judgement for Laurel Jehovah's Witnesses congregation
by OrphanCrow incourt denies summary judgement for laurel jehovah's witnesses congregation.
a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.
http://courts.delaware.gov/opinions/download.aspx?id=235880.
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Fisherman
Not confidential. Not secret.
Not reported to the police. Not your definition. US government has no authority to dictate to church how to practice religion in matters of confidentiality among themselves except to compel reporting to the police not regulate confidentiality within the church.
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161
Court denies summary judgement for Laurel Jehovah's Witnesses congregation
by OrphanCrow incourt denies summary judgement for laurel jehovah's witnesses congregation.
a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.
http://courts.delaware.gov/opinions/download.aspx?id=235880.
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Fisherman
pure speculation
Evidently, opinion. That is how I see the chess board.
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161
Court denies summary judgement for Laurel Jehovah's Witnesses congregation
by OrphanCrow incourt denies summary judgement for laurel jehovah's witnesses congregation.
a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.
http://courts.delaware.gov/opinions/download.aspx?id=235880.
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Fisherman
in which the Judicial branch interprets the laws
And that is why I said (if you stop reading conclusions) that JW will be vindicate in the Higher Court
Just because you don't like the way such laws were interpreted doesn't make the court's decision invalid.
I never said that a Court decision is not valid (legal). I said that in my opinion it is wrong (error of law) referring to disqualifying JW from 909 or enjoying imunnity (church confidentiality) based on JW version of confession and the language used in 909.
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161
Court denies summary judgement for Laurel Jehovah's Witnesses congregation
by OrphanCrow incourt denies summary judgement for laurel jehovah's witnesses congregation.
a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.
http://courts.delaware.gov/opinions/download.aspx?id=235880.
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Fisherman
Simply put, in light of the forgoing and what is common knowledge of the JW procedures, there is no confidentiality.
Not according to your conditions, but it is nonetheless confidential because the church does no report to the police.
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161
Court denies summary judgement for Laurel Jehovah's Witnesses congregation
by OrphanCrow incourt denies summary judgement for laurel jehovah's witnesses congregation.
a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.
http://courts.delaware.gov/opinions/download.aspx?id=235880.
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Fisherman
the clergy person is singular. It does not read, "clergymen,
Since government does not have any authority to interpret the Bible or any other religious code, it also lacks authority to interpret that "confession" is restricted to one clergy person. Government restricting "confession" to one priest or minister is unconstitutional because it is defining and interpreting and restricting how a religious act should be done. Who should impose the standard of how the religious act of confession should be done and with how many clergymen present? Funny that Delaware law uses Catholic shop talk.
In my opinion if this definition has to go to go all the way up to the US Supreme Court for clarification, the JW version of confession will continue to enjoy immunity same as a Catholic priest or clergy.
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161
Court denies summary judgement for Laurel Jehovah's Witnesses congregation
by OrphanCrow incourt denies summary judgement for laurel jehovah's witnesses congregation.
a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.
http://courts.delaware.gov/opinions/download.aspx?id=235880.
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Fisherman
But the central point is confidentiality. I talk to my priest on the basis that he is constrained by his duty not to pass that information on.
But the conditions of "religious" confidentiality are not set by you or by what people expect or think it is the case. They are set forth by the US Constitution and you do not have to like it either. If US law protects JW version of priest/ penitent and you don't like it -too bad! JW version is entitled to same immunity provisions as Catholic versions under US law regardless of what you like or think. And US High Courts will vindicate it.
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161
Court denies summary judgement for Laurel Jehovah's Witnesses congregation
by OrphanCrow incourt denies summary judgement for laurel jehovah's witnesses congregation.
a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.
http://courts.delaware.gov/opinions/download.aspx?id=235880.
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Fisherman
"Judicial Committee" Vid
That is JW version of penitent priest relationship. You do not have to go to a catholic confession but if you die with a mortal sin you go to hell.