Domestic violence within our plain culture?

Christian ethics and theology with an Anabaptist perspective
Josh

Re: Domestic violence within our plain culture?

Post by Josh »

mike wrote: ↑Fri Oct 14, 2022 3:37 pm
Josh wrote: ↑Fri Oct 14, 2022 3:22 pm
mike wrote: ↑Fri Oct 14, 2022 3:19 pm

Are you saying that the Anabaptist tradition when confronting a church member who is a murderer or rapist or thief has been to NOT report this person to civil authorities?
Anabaptists used to debate if you should even call the police if you are being robbed or not.

The shift from being a persecuted people to a wealthy, comfortable people includes getting in bed with the local constabulary, eventually leading to comfort with using the force of the local police to benefit one’s self in matters of business, contracts, landlord evictions, and so on. Overall, this is not moving closer to the ways of Christ.
So the answer to my question is 'yes'?
The scenario most often discussed (going back to some of the earliest records of Anabaptism) is a burglar who breaks into your house and runs away with some of your valuable things. Should a Christian call the authorities?

The consensus used to be “no”, or to answer your question, ‘yes’.
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mike

Re: Domestic violence within our plain culture?

Post by mike »

Josh wrote: ↑Fri Oct 14, 2022 4:42 pm The scenario most often discussed (going back to some of the earliest records of Anabaptism) is a burglar who breaks into your house and runs away with some of your valuable things. Should a Christian call the authorities?

The consensus used to be “no”, or to answer your question, ‘yes’.
OK you're addressing a different question. That's not what I'm asking. This is my question:

Are you saying that the Anabaptist tradition when confronting a church member who is a murderer or rapist or thief has been to NOT report this person to civil authorities?
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Josh

Re: Domestic violence within our plain culture?

Post by Josh »

mike wrote: ↑Fri Oct 14, 2022 4:43 pm
Josh wrote: ↑Fri Oct 14, 2022 4:42 pm The scenario most often discussed (going back to some of the earliest records of Anabaptism) is a burglar who breaks into your house and runs away with some of your valuable things. Should a Christian call the authorities?

The consensus used to be “no”, or to answer your question, ‘yes’.
OK you're addressing a different question. That's not what I'm asking. This is my question:

Are you saying that the Anabaptist tradition when confronting a church member who is a murderer or rapist or thief has been to NOT report this person to civil authorities?
As far as I can tell in early Anabaptist settings, a member who was an unrepentant criminal was simply excommunicated. There seemed to be an assumption he would get caught by the earthly authorities but there wasn’t even much of a discussion about this.

If the person he stole from was another church member - it was explicit the victim shouldn’t seek legal remedies to be made whole. If the victim was an outsider, I can’t remember where I read it, but the writer felt the church should go and make the victim whole.
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mike

Re: Domestic violence within our plain culture?

Post by mike »

Josh wrote: ↑Fri Oct 14, 2022 5:22 pm
mike wrote: ↑Fri Oct 14, 2022 4:43 pm
Josh wrote: ↑Fri Oct 14, 2022 4:42 pm The scenario most often discussed (going back to some of the earliest records of Anabaptism) is a burglar who breaks into your house and runs away with some of your valuable things. Should a Christian call the authorities?

The consensus used to be “no”, or to answer your question, ‘yes’.
OK you're addressing a different question. That's not what I'm asking. This is my question:

Are you saying that the Anabaptist tradition when confronting a church member who is a murderer or rapist or thief has been to NOT report this person to civil authorities?
As far as I can tell in early Anabaptist settings, a member who was an unrepentant criminal was simply excommunicated. There seemed to be an assumption he would get caught by the earthly authorities but there wasn’t even much of a discussion about this.

If the person he stole from was another church member - it was explicit the victim shouldn’t seek legal remedies to be made whole. If the victim was an outsider, I can’t remember where I read it, but the writer felt the church should go and make the victim whole.
That last bit makes sense to me. I know of an instance where an Amish business defrauded a large number of its clients due to becoming insolvent. For several years, an Amish committee working together with local Mennonites solicited volunteers and funds until all of the clients either received refunds or received the service they had paid for.

This discussion though is in the context of violent crime, and it would surprise me if there were Anabaptists these days of any type who would not alert authorities of a murderer in their midst. I am sure there are Anabaptist groups somewhere though who might be slow to report a rapist, or someone who physically beat someone. I have an Amish uncle who is a deacon who was roundly criticized by some in his church for reporting to the police a child rapist and abuser in their community, who went to prison for 10 years only because not nearly all the instances were reported. If all the information the community knew would have been reported he would never have seen the light of day again.
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jahertz

Re: Domestic violence within our plain culture?

Post by jahertz »

mike wrote: ↑Fri Oct 14, 2022 2:56 pm
jahertz wrote: ↑Fri Oct 14, 2022 1:19 pmI mentioned this earlier, but an issue that sometimes trips us up is that much of the domestic abuse we encounter in Anabaptist as well as other conservative church circles does not constitute a crime under the laws of the state. This makes it imperative that the church both understand its responsibility to report crimes to the state and also be competent to identify, confront, and resolve patterns of destructive sin that fall short of reportable crimes.
This bothers me. I have fairly clear ideas on what should be done about criminal behavior, whether in or out of the church. You take it to the proper authorities. When we get into behavior that doesn't constitute crime, I feel we enter a much more difficult zone. I have a lot of questions. Dealing with sin is in the domain of the church, and not all sins are crimes. So, yes, the church is responsible to deal with sins that are not crimes.

What church is truly competent to "identify, confront, and resolve" sins that fall short of being crime? How do incompetent churches get to the point of competence? Churches and church leaders aren't God, and they never will be. What do we do about the fact that churches fail in this task? Do our leaders need training other than what they get from mentors and personal study? Are we supposed to utilize secular or para-church "authorities" in determining what constitutes non-criminal destructive domestic abuse, and what the appropriate measures are? Is scripture insufficient as a text on determining these sorts of things? Who is the proper authority on these issues? (It's not the state, because we're not talking about crimes.) Is it some organization or person outside any particular local church that sets itself up as an authority? Who gets to define what abuse is? Who gets to define what competence is?
Mike, a string of challenging, constructive questions like this always seems to me like an excellent sign that a discussion is going somewhere useful. Indeed, the main burden I bring to this discussion and others like it is to see us all spend much more time asking, praying about, and wrestling corporately with these very questions. This only happens once we've (1. Become aware of the scale of our problem and (2. Admitted the possibility that our conditioned response patterns are falling far short of the call of the Gospel.

In short, in any area where we fall short of the standard of Christ, progress can happen only in an atmosphere of humility, the universal prerequisite to all learning. “If you were blind, you would have no guilt; but now that you say, ‘We see,’ your guilt remains" (John 9:41 ESV). This kind of epistemological humility can be especially difficult for groups, like Plain people, who value tradition highly, because once we have established patterns that seem to work for a range of common challenges, it's easy to be lulled into a sense of having "arrived" and then just keep doing the same things over and over, as if our churches were not in a constant state of spiritual flux, living ecosystems shifting around us in response both to the pressure of the outside world and to unfolding trends in our own history across generations.

If one generation drops the ball, say, on the teaching of a key Gospel theme that seemed less relevant at the time, it may take only a generation or two of inattention—and some corners of our culture have had far more time than that—for that omission to bear fruit in damaged relationships, and for that damage to metastasize into a full-blown crisis. The emergence of such a crisis does not mean we have been doing nothing of value, or that we must tear down everything and start over. It does mean we face a hard choice.

We can deny or ignore the problem and double down on what we have always done. The cancer will spread until it finally forces itself on our awareness, willing or not, and by that time it will probably be too late for any medicine to help. The lights will go out, the history of that culture will expire with a sigh, and the scattered refugees will find new homes with others who still remember how to heed the Spirit and to repent.

Or we can toll the bells, call a solemn assembly, weep before the Lord, and plead for mercy. We can do what the Laodiceans (a real church of real Christians like ours) perhaps never did: confess that we are not as spiritually rich, brilliant, and accomplished as we love to think ourselves, and that, at least in some aspects of our calling, we have become wretched, pitiable, poor, blind, and naked.

When we do, the all-knowing Spirit will meet us on our knees and, when he has done his work, we will stand laden with his refined gold, the fig leaves of our shameful excuses replaced by the white garments of true holiness, with our healed eyes opened on a new world where our tattered religious habits appear as flimsy and disposable as they always should have in contrast to the incorruptible, ever-renewing, image of the crucified Jesus and the hope of the Gospel his death won for us.

I think I owe you an apology, Mike, for letting this subject carry me away again. :) The weight of the burden I feel for the wounded and silenced among us is hard to overstate, and the moment I find myself in what feels like a good-faith discussion of the issue, with a bit of time on my hands, I tend to dump words all over the place. Thank you for indulging me.

As a cultural Anabaptist myself, I have been shocked again and again at the layers of spiritual pride and complacency the Spirit had to strip away in order to restore my own eyesight even to the point of seeing what else he was doing in the world outside Anabaptism, let alone to face the shocking extent of the relational dysfunction that has spread into so many of our families and now, I believe, threatens the moral credibility, if not the survival, of our culture itself.

All the above started out as a preamble to an actual discussion of your list of questions and got much longer than I meant it to. It's a really interesting list, and I think a gracious, good-faith exploration of it holds a lot of promise. I hope to do that in conversation with you and anyone else here who is equally interested, but I've run myself out of both time and mental energy at the moment. I look forward to seeing how the conversation has progressed whenever I make it back.
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Neto

Re: Domestic violence within our plain culture?

Post by Neto »

Josh wrote: ↑Thu Oct 13, 2022 11:42 am
steve-in-kville wrote: ↑Thu Oct 13, 2022 10:45 am
Neto wrote: ↑Wed Oct 12, 2022 8:52 pm
I also personally knew a pastor's daughter who married a man who had, with weeping and many tears, "come to salvation" in her father's office. Soon after they were married he said that she could no longer attend church meetings, and that he had faked the whole thing, in order to win her, and to win her father over. A bit of "fore knowledge" would have saved both her and their daughter a whole bucket of pain & suffering.
I've seen that a few times, unfortunately :cry:
Shouldn't there be a longer period before membership, with any marriage / dating plans postponed until after membership? The Bible teaches not to be 'unequally yoked'.
How long do you think it should be?
I don't remember how long it was between the "conversion" and the marriage - this case dates back more than 45 years or so. But in a case like this one, I don't think any amount of time would be long enough. I suspect that the only way his conduct would have come to light would have been to have hired a private detective to trail him.
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Neto

Re: Domestic violence within our plain culture?

Post by Neto »

jahertz wrote: ↑Fri Oct 14, 2022 1:19 pm
... much of the domestic abuse we encounter in Anabaptist as well as other conservative church circles does not constitute a crime under the laws of the state. This makes it imperative that the church both understand its responsibility to report crimes to the state and also be competent to identify, confront, and resolve patterns of destructive sin that fall short of reportible crimes.
A word of caution regarding making a private list of offenders available to congregations or entities:
Back in perhaps the mid to late 70's, a Church of Christ congregation in the small town nearest our home (Collinsville, Oklahoma) expelled a woman for unrepentant adultery. In order to alert other CoC congregations, they sent out a letter, explaining the reasons for her expulsion from their congregation. She sued for defamation of character or slander, and won. The fines against the congregation and were so severe that it resulted in the closing of the church.
I don't have any suggestions as to how this could have been handled in a way that would have not resulting in the same outcome. But if an organization (such as a denomination) was charged with an "offense" of this type, and lost in court, the fallout would be huge. I'm also not in any way suggesting that one should not take all possible measures to protect other possible future victims from any type of immoral behavior. Only a warning that steps such as maintaining a private "offenders list" should be done with special care and foresight.
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jahertz

Re: Domestic violence within our plain culture?

Post by jahertz »

Neto wrote: ↑Sat Oct 15, 2022 10:44 am
jahertz wrote: ↑Fri Oct 14, 2022 1:19 pm
... much of the domestic abuse we encounter in Anabaptist as well as other conservative church circles does not constitute a crime under the laws of the state. This makes it imperative that the church both understand its responsibility to report crimes to the state and also be competent to identify, confront, and resolve patterns of destructive sin that fall short of reportible crimes.
A word of caution regarding making a private list of offenders available to congregations or entities:
Back in perhaps the mid to late 70's, a Church of Christ congregation in the small town nearest our home (Collinsville, Oklahoma) expelled a woman for unrepentant adultery. In order to alert other CoC congregations, they sent out a letter, explaining the reasons for her expulsion from their congregation. She sued for defamation of character or slander, and won. The fines against the congregation and were so severe that it resulted in the closing of the church.
I don't have any suggestions as to how this could have been handled in a way that would have not resulting in the same outcome. But if an organization (such as a denomination) was charged with an "offense" of this type, and lost in court, the fallout would be huge. I'm also not in any way suggesting that one should not take all possible measures to protect other possible future victims from any type of immoral behavior. Only a warning that steps such as maintaining a private "offenders list" should be done with special care and foresight.
The idea that a routine expulsion for sin could lead to the subject successfully suing the church into oblivion certainly raises a novel set of conderations, and it really makes me curious about the details. Defamation suits in the United States are famously hard to win compared to almost anywhere else in the world (even more true in the 70s than now), and typically require the plaintiff to convince a judge or jury that

1. The claims made by the defendant about the plaintiff were objectively false,
2. The defendant knew at the time that the claims were false, or was subsequently informed of that fact yet refused to retract said falsehoods, and
3. The falsehoods spread by the defendant materially harmed the plaintiff, through significant reputational damage, loss of income or employment opportunities, etc.

In other words, while it's certainly possible that an expelled American church member won massive damages against a church for defamation without providing proof that the church was in fact lying about her, it would be an extremely unusual event and a flagrant miscarriage of justice by a court system which has historically tended to side with free expression to a fault, especially when religious organizations are involved.

Do you happen to have any publicly available documentation of this case?
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jahertz

Re: Domestic violence within our plain culture?

Post by jahertz »

Neto wrote: ↑Sat Oct 15, 2022 10:44 am A word of caution regarding making a private list of offenders available to congregations or entities:
Back in perhaps the mid to late 70's, a Church of Christ congregation in the small town nearest our home (Collinsville, Oklahoma) expelled a woman for unrepentant adultery. In order to alert other CoC congregations, they sent out a letter, explaining the reasons for her expulsion from their congregation. She sued for defamation of character or slander, and won. The fines against the congregation and were so severe that it resulted in the closing of the church.
I don't have any suggestions as to how this could have been handled in a way that would have not resulting in the same outcome. But if an organization (such as a denomination) was charged with an "offense" of this type, and lost in court, the fallout would be huge. I'm also not in any way suggesting that one should not take all possible measures to protect other possible future victims from any type of immoral behavior. Only a warning that steps such as maintaining a private "offenders list" should be done with special care and foresight.
I am personally ambivalent about the usefulness of private offender lists even for predators, as I think any purported utility of such lists may be offset by their tendency to concentrate power and their high potential for abuse by bad actors for purposes like blackmail. Even if I fully trust the keepers of such a list, deciding on the criteria for who gets added to it, what information is included, and how long someone stays there seems like a minefield, and more so the more centralized such a list were to be. An offender list based on clearly defined and defensible inclusion criteria, available to the public, seems like an improvement because

1. It eliminates or drastically reduces the blackmail potential of the list
2. It makes the risks transparent to all members so they can take precautions they deem necessary themselves, and
3. It allows those listed the opportunity to challenge their inclusion if they wish.

I don't profess to know how a public list like this would be best implemented either, and I imagine any attempt to implement such a list would be fraught with pitfalls and loudly denounced by some people, including, naturally, everyone listed. For this reason and others, I think the best way for churches to stay informed about dangerous or predatory members or former members, assuming they are not accused of actual crimes under the law, is to cultivate and use healthy informal communication networks among the leaders of alert and discerning autonomous congregations.
Last edited by jahertz on Sat Oct 15, 2022 12:42 pm, edited 5 times in total.
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ken_sylvania

Re: Domestic violence within our plain culture?

Post by ken_sylvania »

jahertz wrote: ↑Sat Oct 15, 2022 12:13 pm
Neto wrote: ↑Sat Oct 15, 2022 10:44 am
jahertz wrote: ↑Fri Oct 14, 2022 1:19 pm
... much of the domestic abuse we encounter in Anabaptist as well as other conservative church circles does not constitute a crime under the laws of the state. This makes it imperative that the church both understand its responsibility to report crimes to the state and also be competent to identify, confront, and resolve patterns of destructive sin that fall short of reportible crimes.
A word of caution regarding making a private list of offenders available to congregations or entities:
Back in perhaps the mid to late 70's, a Church of Christ congregation in the small town nearest our home (Collinsville, Oklahoma) expelled a woman for unrepentant adultery. In order to alert other CoC congregations, they sent out a letter, explaining the reasons for her expulsion from their congregation. She sued for defamation of character or slander, and won. The fines against the congregation and were so severe that it resulted in the closing of the church.
I don't have any suggestions as to how this could have been handled in a way that would have not resulting in the same outcome. But if an organization (such as a denomination) was charged with an "offense" of this type, and lost in court, the fallout would be huge. I'm also not in any way suggesting that one should not take all possible measures to protect other possible future victims from any type of immoral behavior. Only a warning that steps such as maintaining a private "offenders list" should be done with special care and foresight.
The idea that a routine expulsion for sin could lead to the subject successfully suing the church into oblivion certainly raises a novel set of conderations, and it really makes me curious about the details. Defamation suits in the United States are famously hard to win compared to almost anywhere else in the world (even more true in the 70s than now), and typically require the plaintiff to convince a judge or jury that

1. The claims made by the defendant about the plaintiff were objectively false,
2. The defendant knew at the time that the claims were false, or was subsequently informed of that fact yet refused to retract said falsehoods, and
3. The falsehoods spread by the defendant materially harmed the plaintiff, through significant reputational damage, loss of income or employment opportunities, etc.

In other words, while it's certainly possible that an expelled American church member won massive damages against a church for defamation without providing proof that the church was in fact lying about her, it would be an extremely unusual event and a flagrant miscarriage of justice by a court system which has historically tended to side with free expression to a fault, especially when religious organizations are involved.

Do you happen to have any publicly available documentation of this case?
Guinn v. Church of Christ of Collinsville

Invasion of privacy and intentional infliction of emotional distress were some of the things she claimed.
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