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Discipline That Can Yield Peaceable FruitThe Watchtower—1988 | April 15
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The Court Decision
16-18. What decision was reached in the court case mentioned earlier, and what added opinion did the court offer?
16 You may want to know the outcome of the court case involving a woman who was upset because former acquaintances would not converse with her after she chose to reject the faith, disassociating herself from the congregation.
17 Before the case went to trial, a federal district court summarily granted judgment against her. That judgment was based on the concept that courts do not get involved in church disciplinary matters. She then appealed. The unanimous judgment of the federal court of appealsc was based on broader grounds of First Amendment (of the U.S. Constitution) rights: “Because the practice of shunning is a part of the faith of the Jehovah’s Witness, we find that the ‘free exercise’ provision of the United States Constitution . . . precludes [her] from prevailing. The defendants have a constitutionally protected privilege to engage in the practice of shunning. Accordingly, we affirm” the earlier judgment of the district court.
18 The court opinion continued: “Shunning is a practice engaged in by Jehovah’s Witnesses pursuant to their interpretation of canonical text, and we are not free to reinterpret that text . . . The defendants are entitled to the free exercise of their religious beliefs . . . Courts generally do not scrutinize closely the relationship among members (or former members) of a church. Churches are afforded great latitude when they impose discipline on members or former members. We agree with [former U.S. Supreme Court] Justice Jackson’s view that ‘[r]eligious activities which concern only members of the faith are and ought to be free—as nearly absolutely free as anything can be.’ . . . The members of the Church [she] decided to abandon have concluded that they no longer want to associate with her. We hold that they are free to make that choice.”
19, 20. Why is a person who is cut off from the congregation not in position to recover monetary damages in court?
19 The court of appeals acknowledged that even if the woman felt distress because former acquaintances chose not to converse with her, “permitting her to recover for intangible or emotional injuries would unconstitutionally restrict the Jehovah’s Witnesses free exercise of religion . . . The constitutional guarantee of the free exercise of religion requires that society tolerate the type of harms suffered by [her] as a price well worth paying to safeguard the right of religious difference that all citizens enjoy.” This decision has, in a sense, received even more weight since it was handed down. How so? The woman later petitioned the highest court in the land to hear the case and possibly overturn the decision against her. But in November 1987, the United States Supreme Court refused to do so.
20 Hence, this important case determined that a disfellowshipped or disassociated person cannot recover damages from Jehovah’s Witnesses in a court of law for being shunned.d
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Discipline That Can Yield Peaceable FruitThe Watchtower—1988 | April 15
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d Though various individuals have brought suit, no court has rendered a judgment against Jehovah’s Witnesses over their Bible-based practice of shunning.
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