Hey if anyone has the money to sue them or find a lawyer, which I think would be even harder, who would take it on contingency then go for it. I would love to read the complaint that is filed.
Posts by JC323
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224How to sue the WT over shunning policy. It CAN happen!
by Bad_Wolf inthis is a very good document from a law school exploring religious freedom vs an individuals right to religious freedom without blackmail, pressure, etc, and also explores why certain lawsuits did not win and what it would take to win them.
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3827&context=penn_law_review.
a person born in, and whose parents or family pressured to shun because they simply left the religion, who has evidence of damages, etc, would likely have a good case if they find a good lawyer.
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224
How to sue the WT over shunning policy. It CAN happen!
by Bad_Wolf inthis is a very good document from a law school exploring religious freedom vs an individuals right to religious freedom without blackmail, pressure, etc, and also explores why certain lawsuits did not win and what it would take to win them.
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3827&context=penn_law_review.
a person born in, and whose parents or family pressured to shun because they simply left the religion, who has evidence of damages, etc, would likely have a good case if they find a good lawyer.
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JC323
on the question of coercion again the Scientology case heighlights this. The California Supreme Court states:
To better understand why we conclude voluntary auditing may be entitled to immunity from liability for the emotional injuries it causes, consider some analogies. Assume Wollersheim were not a former Scientologist, but a former follower of one of the scores of Christian denominations. Further assume he sued on grounds a preacher's sermons filled him with such feelings of inferiority and guilt his manic-depressive condition was aggravated to the same degree Wollersheim contends auditing aggravated his mental illness in this case. Or assume another Wollersheim sued another church for a similar emotional injury on grounds his mental illness had been triggered by what a cleric told him about his sins during a confession—or series of confessions. It is one of the functions of many religions to “afflict the comfortable”—to deliberately generate deep psychological discomfort as a means of motivating “sinners” to stop “sinning.” Whether by “hell fire and damnation” preaching, “speaking in tongues,” private chastising, or a host of subtle and not so subtle techniques religion seeks to make us better people.
Many of these techniques are capable of inflicting emotional distress severe enough that it is foreseeable some with psychiatric problems will “crack” or be driven into a deep depression. But the Constitution values the good religion does for the many more than the psychological injury it may inflict on the few. Thus, it cannot tolerate lawsuits which might chill religious practices—such as auditing, “hell fire and damnation” preaching, confessions, and the like—where the only harm which occurs is emotional injury to the psychologically weak.
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49
Dilemma of Shunning Policy
by Drearyweather inapologies if this topic has been discussed earlier.. i was thinking of whether demanding for a ban on shunning policy would be beneficial for the larger society.
following are some things that we need to remember while advocating the issue:.
1. shunning is not limited to jw's and for many americans, it is not that controversial as it seems.. 2. jw shunning is not a dark secret policy.
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JC323
The artilce in the Economist was about how a part of Turkey allowed Islamic courts to make rulings in civil cases. Those involved such things as divorce or property rights. Neither affects Watchtower. The court in Canada even expressed that. Issues that carry the weight of law, such as property rights is reviewable but not matters that doesn't have a matter of some kind of actual right.
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224
How to sue the WT over shunning policy. It CAN happen!
by Bad_Wolf inthis is a very good document from a law school exploring religious freedom vs an individuals right to religious freedom without blackmail, pressure, etc, and also explores why certain lawsuits did not win and what it would take to win them.
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3827&context=penn_law_review.
a person born in, and whose parents or family pressured to shun because they simply left the religion, who has evidence of damages, etc, would likely have a good case if they find a good lawyer.
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JC323
poopie: Ok it is not about money, and not sue for money. Then what would you sue for. A court is there to provide you with relief what relief will you seek either in the US or in Europe.
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224
How to sue the WT over shunning policy. It CAN happen!
by Bad_Wolf inthis is a very good document from a law school exploring religious freedom vs an individuals right to religious freedom without blackmail, pressure, etc, and also explores why certain lawsuits did not win and what it would take to win them.
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3827&context=penn_law_review.
a person born in, and whose parents or family pressured to shun because they simply left the religion, who has evidence of damages, etc, would likely have a good case if they find a good lawyer.
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JC323
Stephane:
Well if you feel that the practice of shunning is an actionable cause and you feel that you are being coerced to stay within religion because of that fear of the effects of Disfellowshipping then why don't you sue? And yes you are not a lawyer but if you think there is a case there why don't you go and hire one and show us all your initial filed complaint.
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224
How to sue the WT over shunning policy. It CAN happen!
by Bad_Wolf inthis is a very good document from a law school exploring religious freedom vs an individuals right to religious freedom without blackmail, pressure, etc, and also explores why certain lawsuits did not win and what it would take to win them.
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3827&context=penn_law_review.
a person born in, and whose parents or family pressured to shun because they simply left the religion, who has evidence of damages, etc, would likely have a good case if they find a good lawyer.
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JC323
Btw Stephane please provide us with your initial filing when you sue watchtower over it.
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224
How to sue the WT over shunning policy. It CAN happen!
by Bad_Wolf inthis is a very good document from a law school exploring religious freedom vs an individuals right to religious freedom without blackmail, pressure, etc, and also explores why certain lawsuits did not win and what it would take to win them.
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3827&context=penn_law_review.
a person born in, and whose parents or family pressured to shun because they simply left the religion, who has evidence of damages, etc, would likely have a good case if they find a good lawyer.
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JC323
You can only bring in other plaintiffs in a class action lawsuit. A class action is not easy to get certified. There has to be a significant number with similar cause and damages.
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224
How to sue the WT over shunning policy. It CAN happen!
by Bad_Wolf inthis is a very good document from a law school exploring religious freedom vs an individuals right to religious freedom without blackmail, pressure, etc, and also explores why certain lawsuits did not win and what it would take to win them.
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3827&context=penn_law_review.
a person born in, and whose parents or family pressured to shun because they simply left the religion, who has evidence of damages, etc, would likely have a good case if they find a good lawyer.
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JC323
Also you have to remember to sue for intentional infliction of emotional distress the act must be deliberate and the conduct must shock the normal senses of the community. Requiring a person not to speak to someone is not something that shocks the senses of society. People dont talk to others all the time. Even the claim that someone requires someone else not to speak to someone happens regularly even. There are cases outside of JWs that again excommunication or shunning doesnt rise to the level of intentional infliction of emotional distress.
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224
How to sue the WT over shunning policy. It CAN happen!
by Bad_Wolf inthis is a very good document from a law school exploring religious freedom vs an individuals right to religious freedom without blackmail, pressure, etc, and also explores why certain lawsuits did not win and what it would take to win them.
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3827&context=penn_law_review.
a person born in, and whose parents or family pressured to shun because they simply left the religion, who has evidence of damages, etc, would likely have a good case if they find a good lawyer.
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JC323
Yes you are correct that in the Paul case the court did not pass judgement. It is because as you quoted that allowing a civil suit would have the same effect as prohibiting the act. As it would be a violation to prohibit a religious activity without q compelling governmental interest would be a violation of the constitution.
While yes the case in Paul did not include family. But the case in Anderson did involve family where the court in that case came to the same conclusion and if I remember correctly referenced the Paul case.
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49
Dilemma of Shunning Policy
by Drearyweather inapologies if this topic has been discussed earlier.. i was thinking of whether demanding for a ban on shunning policy would be beneficial for the larger society.
following are some things that we need to remember while advocating the issue:.
1. shunning is not limited to jw's and for many americans, it is not that controversial as it seems.. 2. jw shunning is not a dark secret policy.
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JC323
Also even if you can claim a minor being baptized when they do become the age of majority and still go to meetings they have confirmed it.