@DOC:
The difference is that when a member leaves the Congregation to move to another Congreagation, there is no announcement made that "Bro Has Moved" is no longer a member of the "Yada yada yada Congregation".
Clearly the announcement that one is ". . . . no longer one of JWs" is NOT a membership issue. It is a covert message to say that everyone here must now take punitive action against this person to punish them.
WTS would say that the announcement simply states that one is not longer a "member of the World Wide Congregation", however they only make announcements of new LOCAL members when a person gets baptized -- NOT of the World Wide membership Newbies. Thus, if they announce that a member leaves (via DF/DA) they should announce when a local member leaves via re-location. Or, they should announce when ANY MEMBER WORLDWIDE leaves and NOT just the LOCAL member. If the announcement differs in content, then one is punitive and punishment.
This is eventually going to come up and bite them in the ass. The courts (society) is already holding religions responsible for the emotional pain resulting from sexual abuse, it is only a matter of time that they are held responsible for the emotional pain resulting from the emotional abuse of shunning. It is a hate crime based on religious intolerance.
Doc
This is all good and fine. But the announcment itself is not punative - whether it is a "covert" message or not. For those leaving the WTB&TS, I don't think a single one has ever thought the announcment itself is the punishment. It is what comes after. Perhaps it is because it is 2 AM, but I don't see why they would have to announce every membership action from the platform in order to claim that this one type of announcement ("so-and-so is no longer one of JWs") is a membership announcement only. After all, members seeking to leave are free to do so, and it is within their right to announce that decision to the congregation. This is not punative. The shunning is, however.
What would you have the courts do? What sort of path does that lead to? We all know that the WTB&TS wants to "push" individuals into "choosing" to stay within the organization through shunning. But the fact remains that this is a long policy, it is applied generally (they don't recommend shunning for some DFed/DAed and not others), and it is based upon their intpretation of scripture. The 1st amendment protects individuals and organizations from government involvment, not individuals from a private company. The courts simply can't get involved purely on the basis of shunning, insisting the WT re-interpret scripture.
Now if it goes futher than that, it could be an issue of harassment. However, that doesn't seem like a 1st amendment issue, just an issue with harassment. When you said this: " The courts (society) is already holding religions responsible for the emotional pain resulting from sexual abuse...", I think this is a different issue. Sexual abuse is a crime. Choosing not to associate with someone is not. Also, what is meant by "emotional pain" in the case of shunning? If someone can choose not to associate with you, and it causes you "emotional pain", should the goverment compel that individual to associate with you simply on the basis that it makes you feel bad? That seems like a slippery slope.
MMM