My post correctly represents the Court's decision.
I disagree. The court pointed out, in detail, all the reasons that even IF in a sense (being liberal with the interpretation) that the clergy privilege could be applied to religions other than the churches that actually have clergy and penitential confessions, NONE of what happened would have applied since one of the confessors was a victim and under 18, one or both were there speaking to the elders under duress, and both were disciplined publicly, not given any kind of absolution. Nothing about that situation, even if the law was applied in a broader sense, would come under privilege. Which is why the decision was made. It does not mean that the issue can't be discussed further in the actual trial though. I think the WT will make sure that it all goes away before that happens.
I read the ruling and if the court somehow gets the entire law struck down as unconstitutional, then the LAW will not exist to even be argued about unless the court makes ANOTHER law. NO CLERGY or RELIGIOUS personage of any kind will have sacramental confession (won't break my heart a bit!) privilege. If the law is struck down, the WT is really up a creek. If they interpret it in ANY way at all as other religions qualifying (which they usually do), there still has to be other conditions for the thing to apply and the WT doesn't meet any of them. There is NO way in any scenario that the WT can prevail on this one w/o payoffs. There is no privilege, no voluntary meeting instigated by the confessor, no absolution and the WT is just tough out of luck. The best they can do is have a law struck down, but while it is on its face seemingly unconstitutional, it was the straw they were grasping at in this case.
Fisherman, I'm curious about how you feel about this as a person, possibly a parent and possibly as a elder or just a JW? Do you think they are picking on JWs? Do you think the WT policy is great, ok or acceptable? I'm curious about the JW on the street, here. You seem to still be one.