Posted by:
Brother Of Jerry
(
)
Date: April 14, 2019 07:51PM
In terms of ridiculous legal analysis, this is right up there with the tax protestors who claim they don't owe any income taxes, because they are paid in Federal Reserve Notes, which are not real money, so they had no real income to pay taxes on.
Courts have found the "I have no income" argument very unpersuasive. They would find the "I am not a member, because I was a minor unable to enter into contracts" equally unpersuasive, if anybody even tried to make that argument in court. To my knowledge, nobody has even tried to make that argument in court.
OK, here's the deal. Children cannot legally enter into a binding contract. I don't know if a church membership application technically constitutes a contract or not (I suspect it is some form of contract), but the technicalities really don't matter.
A child can't join a church on their own, but a parent or guardian can give permission for them to join. That is perfectly legal. That membership is valid and would be recognized by the courts.
I doubt that a child can resign their membership without a parent or guardian approval, but I really don't know about that. I have never heard here of a minor trying to resign against their parents' wishes.
Once the child turns 18, the membership authorized by the parent or guardian remains in effect. However, now the child has adult status, and they can resign their membership on their own any time they want to.
The more fundamental question is why do people do this fake "legal analysis" to "prove" they don't have to resign? No, nobody has to resign, but there is a name for people who are baptized into the church, and refuse to resign, and that name is "a member of the Mormon Church" (or the. currently approved long name)
It takes about 5 minutes to fill in the info on the form at www.exmormon.org/remove and email it off to the church, less time than it would take to read this thread. You don't get brownie points for refusing to resign. You are not "sticking it to the man". Unless you happen to be a real pain in the butt, but not enough of one to excommunicate, they are perfectly happy to keep you on the rolls as an inactive member. In fact, they prefer that.
Resigning is not "a hoop the church makes you jump through". It is a hoop that was imposed on the church. They have to process your resignation. The only hoop you have to jump through is you have to tell the church you are resigning, and that is not their "hoop". It is a requirement imposed by the US legal system.