Janice Paul, A/k/a/ Janice Perez v. Watchtower Bible and Tract Society of New York, Inc.

Janice Paul, a former member of the Jehovah’s Witness Church, appeals from the grant of summary judgment in favor of defendants, the corporate arms of the Governing Body of Jehovah’s Witnesses. Paul contends that she is being “shunned” by adherents of the Jehovah’s Witness faith. She initially filed suit in state court, setting forth various tort claims. Defendants removed the action on the ground of diversity. 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 and thus of the Washington State Constitution precludes the plaintiff from prevailing. The defendants have a constitutionally protected privilege to engage in the practice of shunning. Accordingly, we affirm the grant of summary judgment, although for reasons different from those of the district court. See generally Anderson v. Liberty Lobby, Inc., — U.S.-, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986).

I. Facts

Janice Paul was raised as a Jehovah’s Witness. Her mother was very active in the Church and, from the age of four, Paul attended church meetings. In 1962, when Paul was 11 years old, her mother married the overseer…