The Utah Supreme Court has recently
published all legal briefs filed in this case, including (previously
unavailable) Watchtower's brief: https://www.utcourts.gov/utc/appellate-briefs/2020/03/04/20190422-williams-v-kingdom-hall/
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road to nowhere,
Let me begin with the factual
issues. You're apparently aware of them but I hope someone will found that helpful.
Here is how plaintiff's allegations are
summarized in the amicus brief:
A fourteen-year-old church member was
sexually assaulted and raped by another church member [in 2007]. The church
member insisted to church elders that the fourteen-year-old victim had
consented to his assaults. Apparently believing that it would help his defense,
the church member gave the church elders an audio recording of one of the
rapes.
A group of three church elders, all men,
responded by convening a “judicial committee” [in the spring of 2008] to
determine whether the victim had consented to the assaults. The elders brought
the victim in for questioning. The victim participated because she knew that
she risked being disfellowshipped if she did not attend and participate.
At the hearing, the elders revictimized
her and caused her additional harm. They played the audio recording of her
rape, pausing repeatedly to ask her questions and refusing to continue until
she had answered. During all of this, the victim was shaking, crying, and
begging for the elders to stop. The interrogation lasted more than five hours.
The victim sued the church and
asserted a claim for intentional infliction of emotional distress. The district
court dismissed her complaint, ruling that the church’s conduct was protected
by the First Amendment. (citations
omitted)
So far, no court decided on the
correctness of these allegations, and the Utah Supreme Court won't consider
this issue too, it will decide only if they are justiciable. But
some things are known:
- first, the Utah Department of Human
Services found them at least partially credible and in 2009-10 decided that the
judicial committee elders "had engaged in 'Emotional Maltreatment', defined
as 'subject[ing] a child to psychologically destructive behavior'” (appellant's
brief, p. 10; amicus brief, p. 4);
- second, the alleged rapist has not been
charged with a crime;
- third, ten years later, at least two tapes
were still kept in congregation files and have been provided to the court. They
are described as "only six minutes long" and "consist[ing] of
[the alleged rapist] unsuccessfully pressuring 14-year-old [plaintiff] to take
nude photos." The plaintiff "has repeatedly denied that these
recordings ... are the correct ones" (appellee's brief, p. 6 footnote 3,
p. 25-6 fn. 7; appellant's reply brief, p. 3 fn. 1).
I think at this point it's impossible for
us to establish whether and to what extent the allegations in question are
true. I would defer to a jury on this issue. The question before the Utah
Supreme Court is whether claims of such nature arising out of religiously
motivated conduct are justiciable and can go to trial - or whether they are
barred by the First Amendment.
In case you're interested about legal
arguments, the plaintiff's lawyers argue that her claim depends on "an
independent and religiously neutral principle of civil law" and its
adjudication would not require a court to "resolve a dispute over
religious doctrine or the truth of a religious belief", “to review and
interpret church law, policies, or practices" or to "create a
standard specific to religious authorities" ("[t]he applicable
standard — outrageousness — already exists and applies to
everyone")."That a defendant has a religious motive does not mean
that a court must choose between competing interpretations of doctrine or in
any other way sponsor one religious view to the detriment of another."
Also, "[t]he immunity that Defendants seek for religiously motivated
disciplinary conduct would generate dangerous results. Religious actors would
be free to engage ... in a range of ... harmful conduct under a claim of
pursuing religious discipline. For example, they could, without
consequence, induce breaches of doctor-patient confidentiality or repeatedly
strike a child in the face."
Watchtower asserts that allowing the suit
to proceed would unconstitutionally authorize a court to review “the beliefs,
practices, and doctrines of Jehovah’s Witnesses", of
the "reasonableness of the elders’ ecclesiastical decisions"
etc. Adjudication of the plaintiff's claim "would require a court to
create a standard of care applicable to religious organizations’ conduct in
training, investigating, and questioning congregant members regarding biblical
sin, and in encouraging congregant members to repent for their sins."
"Appellant’s allegations implicate key religious questions, including what
questions can be asked by religious organizations about in membership-related
proceedings, the reasonable duration of such a proceeding, at what age a member
of a religious organization can commit sinful conduct or be questioned about
such conduct, and what evidence or materials can be used by a religious
organization to question members regarding sinful conduct. If this Court were
to find review of religious tribunal practices constitutional, it would have
far-reaching consequences. Applied to the LDS religion, Appellant’s theory
would permit courts to dictate the manner and method by which LDS church
leaders may question members about sinful conduct in proceedings to obtain a
temple recommend or at a disciplinary counsel. The court could also now
determine what discussions are off limits in the confessional box in the
Catholic church. Such a result would impermissibly entangle the courts in
religion."
Surely, this summary is not complete or
perfect; maybe later I or someone else will provide a better one. BTW, each
brief includes a short summary.