Sued by inmate, North Carolina concedes Witnesses are distinct faith group, not subset of Protestants

by Corney 13 Replies latest watchtower beliefs

  • Corney
    Corney

    Last Thursday Poyner Spruill, a prominent North Carolina law firm, announced a victory in a pro bono case involving religious freedom of incarcerated Jehovah's Witnesses.

    The Poyner team was appointed by the U.S. District Court for the Western District of North Carolina to represent an inmate challenging the State’s policy governing how and when Jehovah’s Witnesses can worship in prison. The State’s policy classified Jehovah’s Witnesses as a subset of Christian Protestants and, on that basis, prohibited separate Jehovah’s Witness meetings—an infringement on religious freedom under the First Amendment. After the Court denied the State’s motion for summary judgment, the State ultimately agreed to a consent decree that required changing its policy to allow for separate meetings for Jehovah’s Witnesses.
    “We’re proud to have helped change an unconstitutional policy restricting religious freedom,” said Durnovich, who served as lead counsel on the case. “With this result, our client and Jehovah’s Witness inmates across the state will have the same right to practice their religion as other faith groups already enjoy.”
    The consent decree in the case provides permanent injunctive relief requiring the State to recognize the Jehovah’s Witness faith as a distinct faith group, and to allow Jehovah’s Witness inmates the opportunity to schedule religious services like other recognized faith groups.

    https://www.poynerspruill.com/2020/06/04/poyner-spruill-succeeds-in-changing-state-prison-policy-in-case-involving-religious-freedom/

    It took some time to find more information about that case, Brown v. Solomon; this order provides a summary of facts and arguments. Filed pro se five years ago, the case was settled this March, and the NC Department of Public Safety agreed "to revise its Religious Practices Manual and related policies and procedures to recognize the Jehovah’s Witness religion as a distinct non-Trinitarian faith group [and] to adopt the following description of the Jehovah’s Witness faith:"

    Jehovah’s Witnesses believe that God is one person, Jehovah. Jesus was Jehovah’s first creation. Jesus is not God, nor part of the Godhead. He is higher than the angels but inferior to God. Jehovah used Jesus to create the rest of the universe. Before Jesus came to earth, he was known as the Word and the archangel Michael. The Holy Spirit is an impersonal force from Jehovah, but not God.

    The plaintiff, Marshall Lee Brown, is relatively well-known, and his story was covered in two TV shows - Unsolved Mysteries and I (Almost) Got Away With It (the plot: https://en.wikipedia.org/wiki/I_(Almost)_Got_Away_With_It (season 1, episode 1-9)). In 1977, he, then 19, was sentenced to life imprisonment (effectively 80-year prison term) for a second-degree murder that, according to this article, was a contract killing for $50. He escaped from prison in April 1996, killed Steven Calhoun, a prosecution witness in the 1977 trial, and remained on the run until July 1999, when he was arrested in Washington, DC. In 2002, he was sentenced to a concurrent 20-23 years term. His release is scheduled for 2060.

    It is unclear when Marshall Brown became a Witness. His mother (deceased in 2013) and sister (deceased in 2006) were members of the organization, but it’s still difficult to say if he was “raised in the truth.”

  • Sea Breeze
    Sea Breeze
    Glad to see they are finally being recognized as not similar to any other Christian group.
  • Biahi
    Biahi

    They can hold meetings and count time, and invite all the pedos to attend.

  • under the radar
    under the radar

    I would say there's at least an even chance this loser filed this claim purely for recreational purposes. The law firm may well wind up being paid big bucks by the state. Convict is amused, law firm makes money, state has to waste mucho bucks dealing with this nonsense. What a shirt-show!

  • BoogerMan
    BoogerMan

    "NC Department of Public Safety agreed "to revise its Religious Practices Manual and related policies and procedures to recognize the Jehovah’s Witness religion as a distinct non-Trinitarian faith group.."

    When will Jehovah's Witnesses revise their religious practices & policies and instruct all elders to automatically report JW pedophiles to the authorities?

  • road to nowhere
    road to nowhere

    Real poster boy. Going to see a assembly experience and write up in the WT?

  • careful
    careful

    Thanks, Corney for the post. The Marshall Lee Brown story seems really bizarre. So if he lives until 102, he can get released!

    What were the arguments from the other side? Perhaps that JWs are Protestants because they grew out of the Protestant Reformation, specifically out of Second Adventism, and use a Protestant Bible canon? Or were such theological arguments not important? It will be interesting to see if the organization makes any official announcement about this being a victory for them. It does seem strange that the NC prison admin would not allow JWs to meet separately. It looks like they got what their own stupidity brought on themselves.

    After reading the wiki article I saw this: "He will be eligible for parole at age 63." My math must be off...

  • Vidiot
    Vidiot

    You gotta love it when criminals and convicts make a public fuss about their beliefs...

    ...it almost can't help but cast their religions in an embarrassing and unfavorable light.


  • Corney
    Corney

    careful,

    Yes, the state officials argued that JWs is "a restorationist, chiliastic Christian Protestant religion" "with nontraditional beliefs and practice", and listed the following theological similarities "that place the Jehovah Witness within the context of Christendom":

    "1. They both believe in God.

    2. They both believe is Jesus Christ.

    3. They both believe that all will die and meet in the Judgment.

    4. They both believe in the Holy Spirit.

    5. They both believe that Jesus came from Heaven and when He died He returned to Heaven.

    6. The both believe that Jesus gave His life as a ransom sacrifice and it was through His death and His resurrection that made it possible for those who exercise their faith in Him to gain eternal or everlasting life.

    7. They both believe in the resurrection of Jesus Christ and the kingdom of God."

    Also, the State noted that "Charles Taze Russell, or Pastor Russell, was an American Christian restorationist minister from Pittsburgh, Pennsylvania, and founder of what is now known as the Bible Student movement (later named Jehovah’s Witnesses) from his experiences as a member of Christian Protestant churches (Presbyterianism and Congregationalism)... The entire Protestant canon of scripture is considered the inspired, correct word of God."

    There were also non-theological arguments: "Defendants note that Plaintiff may practice his religion by associating with other Jehovah’s Witness adherents in the general population, corresponding with those of similar belief, and receiving a Pastoral visit once per month. Defendants argue that there is only one Chapel at Alexander C.I. that is used for all faith groups’ services, that Alexander C.I. does not have the time or space to offer a service for every Protestant denomination, and that requiring a separate service for a single person would be a tremendous burden on Alexander C.I." The latter argument doesn't seem very persuasive, taking into account that groups like Asatru, Wicca, House of Yanweh, Assemblies of Yahweh, Messianic Judaism etc. were allowed to hold separate services.

    As to his elligibility for parole at age 63, I think this applies to his second sentence (240-293 months); the first 80-year prison term will continue until 2060. He also sues the North Carolina government claiming that "on or about July 16, 2017, he had accumulated enough [good time] credits to fully satisfy his sentence" and that he must be unconditionally released. A district court has already dismissed that suit but it still isn't closed.

    Some additional observations:

    - Marshall Lee Brown Jr. was the first son of his mother, born when she was 16½ years old;

    - in the course of its representation, the litigation team (three attorneys) once attended a weekend JW meeting and discussed it; they also communicated with WT legal department for at least five times. Wasn't it a great witness?

  • careful
    careful

    Thanks, Corney. Catholics would qualify with those 7 points too! "Exercise their faith" is exclusively a WTS/NWT term, eh? So if the other side's argument included it, then they must have done so intentionally. You're certainly right that if those other groups got to have separate meetings, JWs should have too. I can't help but wonder what else was up here, maybe some Protestant chaplain wanting to "convert" JWs? Or if the "single person" was Brown, maybe the chaplain was trying to convert him? Or maybe just keep visiting JWs out of the prison? Or maybe it was money? It "would be a tremendous burden on Alexander C.I."

    "he must be unconditionally released"—it doesn't sound like Brown is in any position to tell the judiciary what they "must" do. He wouldn't be making any points there. Again, we'll have to see if this merits any mention at JW-DOT-org.

    "Wasn't it a great witness?"—hmmmmmmmm.

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