Disfellowshipping – Is it Discipline or Punishment?
""My dear child, don't shrug off God's discipline,
but don't be crushed by it either.
It's the child he loves that he disciplines;
the child he embraces, he also corrects.
God is educating you; that's why you must never drop out. He's treating
you as dear children. This trouble you're in isn't punishment; it's
training, the normal experience of children. Only irresponsible parents
leave children to fend for themselves. Would you prefer an irresponsible
God? We respect our own parents for training and not spoiling us, so why
not embrace God's training so we can truly live? While we were children,
our parents did what seemed best to them. But God is doing what is best
for us, training us to live God's holy best. At the time, discipline
isn't much fun. It always feels like it's going against the grain.
Later, of course, it pays off handsomely, for it's the well-trained who
find themselves mature in their relationship with God." —Hebrews
12:7-11; MSG
Jehovah's Witnesses are well known for their
practice of disfellowshipping unrepentant wrongdoers. But it is not just sinners
who lack any remorse that are disfellowshipped or cast out of the organization.
Also expelled are persons who may have addiction problems or any who manifest
the works of the flesh, such as the apostle Paul listed in Galatians 5:19-21,
"immorality, impurity, indecency, Idolatry, sorcery, enmity, strife, jealousy,
anger (ill temper), selfishness, divisions (dissensions), party spirit
(factions, sects with peculiar opinions, heresies), Envy, drunkenness,
carousing, and the like." Since Paul goes on to say that "those who do such
things shall not inherit the kingdom of God,"
any who are baptized Witnesses and are guilty of practicing such things are put
out of the organization, they are disfellowshipped.
What is involved in being disfellowshipped? Is it for the purpose of
disciplining or punishing the guilty individual? As we shall see there is a
difference. Concerning disfellowshipping, the Watchtower of 1991, April 15,
pages 15-16, under the heading "Will You Imitate God’s Mercy?" says,
What is involved in
disfellowshipping? We find an
object lesson in the way a problem was handled in the first century. A Christian
in Corinth engaged in immorality with his father’s wife and did not repent, so
Paul directed that he be expelled from that congregation. This had to be
done to protect the cleanness of God’s people, for “a little leaven ferments the
whole lump.” Expelling him would prevent his wickedness from dishonoring both
God and His people. The severe discipline of being disfellowshipped might
also shock him to his senses and instill in him and the congregation due fear of
God.—1 Corinthians 5:1-13; compare Deuteronomy 17:2, 12, 13. (Bold mine)
Here we have an example of a wicked person being expelled from the Corinthian
congregation. Was it for the purpose of "severe discipline" that the man was put
out and handed "over to Satan" as Paul directed the congregation to do? (1 Cor.
5:5)
What is discipline as used in the scriptures? According to an article in
the Watchtower on this question, under the heading "Appreciating the Purpose
of Discipline," it said,
“WHAT comes to mind when you hear the word “discipline”? One
dictionary defines discipline as “the practice of making people obey rules or
standards of behaviour, and punishing them when they do not.” Although this is
by no means the only accepted definition, many people today ascribe a similarly
negative connotation to anything that has to do with discipline.
“The Bible, however, presents discipline in a different light. “The
discipline of Jehovah, O my son, do not reject,” wrote wise King Solomon.
(Proverbs 3:11) These words refer, not to discipline in general, but to “the
discipline of Jehovah,” that is, discipline based on God’s lofty principles.
Only such discipline is spiritually productive and beneficial—even desirable.
In contrast, discipline that is based on human thinking that is in conflict
with Jehovah’s lofty principles is often abusive and hurtful. That explains
why many have a negative attitude toward discipline.
“Why are we urged to accept Jehovah’s discipline? In the Scriptures, divine
discipline is described as an expression of God’s love for his human
creatures. Thus, Solomon went on to say: “The one whom Jehovah loves he
reproves, even as a father does a son in whom he finds pleasure.” —Proverbs
3:12. (w03 10/1 p. 20 Appreciating the
Purpose of Discipline) (bold mine)
Yes, "In the Scriptures, divine discipline is described as an expression of
God’s love." That is why the apostle Paul wrote, "YOU have entirely
forgotten the exhortation which addresses YOU as sons: 'My son, do not belittle
[the] discipline from Jehovah, neither give out when you are corrected by him;
for whom Jehovah loves he disciplines; in fact, he scourges every one
whom he receives as a son.'" —Hebrews 12:5,6.
Paul develops this thought further on how Jehovah's discipline is an expression
of his love for us.
“Endure hardship as discipline; God is treating you as sons. For what son is
not disciplined by his father? If you are not disciplined (and everyone
undergoes discipline), then you are illegitimate children and not true sons.
Moreover, we have all had human fathers who disciplined us and we respected them
for it. How much more should we submit to the Father of our spirits and live!
Our fathers disciplined us for a little while as they thought best; but God
disciplines us for our good, that we may share in his holiness. No discipline
seems pleasant at the time, but painful. Later on, however, it produces a
harvest of righteousness and peace for those who have been trained by it.”
—Hebrews 12:7-11, New International Version
The scripture says, "whom Jehovah loves he disciplines." You will never
read, "whom Jehovah loves he punishes." Discipline and punishment are not
the same. Love is the motivation behind discipline. It is given with the
intent to teach, help correct and readjust the action and thinking of an erring
person. On the other hand, punishment is given for the need to satisfy
justice. (Exodus 34:7; Psalms 37:28) For example, when Adam and Eve were
cast out of the Garden of Eden it was not for discipline, with the goal of
helping them correct their wrong action, because of God's love for them. Rather
they were expelled as punishment for their rebellious course against his clearly
stated law. For the same reason Cain, after having murdered his brother Able,
was banished as punishment. A wanderer and a fugitive he would be, "banished
from [his] land and from [God's] presence." He complained that his punishment
was too great for him to bear. (Genesis 4:11-14, New Living Translation)
Likewise with the ouster out of heaven of Satan and his angels. Concerning this
we are told,
“Now war arose in heaven, Michael and his angels fighting against the dragon.
And the dragon and his angels fought back, but he was defeated and there was
no longer any place for them in heaven. And the great dragon was thrown
down, that ancient serpent, who is called the devil and Satan, the deceiver of
the whole world--he was thrown down to the earth, and his angels were thrown
down with him.” —Revelation 12:7-9, English Standard Version
Why was Satan and his angels cast out of heaven? Because "there was no
longer any place for them in heaven." That is why Adam and Eve were ousted from
the Garden of Eden. There was no longer a place for those rebels in it, and
there is no longer any place within God's household for those who, like Satan
and his demons, Adam and Eve, and Cain, are willful unrepentant wrongdoers. They
are not cast out because of Jehovah's love for them but rather it is their
punishment, an expression of God's justice upon them. It is true, those who are
expelled, or disfellowshipped today from the congregation can repent and return,
as was the case with the immoral man in Corinth, but that should not be the
intention, the reason behind expelling anyone. No one should ever be ousted from
the Christian congregation for discipline reason, as if Jehovah disfellowships
those whom he loves. (2 Corinthians 2:5-11)
How to Help The Weak Among Us
Many among us have been traveling the narrow
and cramped road leading to life for many years. (Matt. 7:14) And it hasn't been
an easy journey for anyone as we all have our own peculiar burdens to content
with. We all have our struggles against the desires of the flesh to some degree,
and we must remember that none of us are yet perfect. (Psalms 130:3) Along this
road many new ones are joining us, and they all come from different backgrounds
and bring with them their own unique burdens. Should we not be assisting one
another, encouraging and helping each other to carry each others load,
especially when we see some stumble into wrongdoing, or are distracted into
following a different road? That is what Jehovah expects us to do.
“Brothers and sisters, what if someone is caught in a sin? Then you who are
guided by the Spirit should correct that person. Do it in a gentle way. But be
careful. You could be tempted too. Carry each other's heavy loads. If you do,
you will give the law of Christ its full meaning.” —Galatians 6:1,2; New
International Reader's Version
Elders need to follow Christ's example in showing love. Jesus commanded all
of us to love one another and elders should qualify to take the lead in this.
(John 13:34,35) For some who have never been loved, to love does not come easy
and many don't know how. How do we become patient and kind, not envy others when
things go well for them, not boast or look for our own interests, not become
easily angered nor keep records of wrongs? We need to protect and trust our
brothers, not impute wrong motives in them, and always hope for the best when
there is the need to persevere. That is what love includes, and we can learn to
love. (1 Corinthians 13:4-7) We need to do that if we want to be Jesus'
disciples. How can we learn to love? By learning from our Creator. The
Watchtower of July 1, 2003, page 4, "How to Develop Genuine Love" is
helpful in telling us:
“HOW does a human learn to love? By
studying psychology? By reading self-help books? By watching romantic movies?
Hardly. Humans learn to love in the first place by the example and training of
their parents. Children will learn the meaning of love if, in an environment of
warm affection, they see their parents feed and protect them, communicate with
them, and take a deep personal interest in them. They also learn to love when
their parents teach them to observe sound principles of right and wrong.
“Genuine love is more than just affection or sentiment. It consistently acts in
the very best interests of others, even if they do not fully appreciate it at
the time, which is often the case with children when loving discipline is
involved. A perfect example of one who shows unselfish love is the Creator
himself. The apostle Paul wrote: “My son, do not belittle the discipline from
Jehovah, neither give out when you are corrected by him; for whom Jehovah loves
he disciplines.”—Hebrews 12:5, 6.
Qualified, loving elders, like
parents, should provide "an environment of warm affection," where they "feed and
protect" (tend) the members of the congregation. (see John 21:15-17) Where they
"communicate with them, and take a deep personal interest" in each and every
person. Qualified elders "consistently act in the very best interests of
others," even "when loving discipline is involved." In this way everyone in the
congregation learns to love by being loved. Elders must remember that
"love never fails." They can never go wrong by dealing in a loving way with
the flock in their care. (1 Cor. 13:8)
Elders should be eager to help erring members. If someone is "caught in a
sin," elders "who are guided by the Spirit" and have the scriptural
qualifications to shepherd the flock of God, should "correct (or discipline)
that person in a gentle way." (1 Peter 5:2,3) They do this in the way caring
parents might discipline their children. (1 Thessalonians 2:7) Parents
understand that every child of theirs is unique in their emotional makeup and
have different needs and problems. The discipline, or correction needed at times
may therefore differ from child to child. The discipline given is for the
purpose of readjusting the action and attitude of an erring child, and it is
given because of the great love the parents have for their sons and daughters.
Jehovah has set the example for parents in disciplining in love, even when the
discipline, or correction, may be severe. But he never expels from his household
those whom he loves. Disfellowshipping is for those who no longer let themselves
be corrected, who have become independent and no longer have a place in God's
congregation.
The sheep belong to Jehovah and he expects the shepherds in their congregations
to strengthen the sickened one, heal the ailing one, and to bandage the broken
one. (Eze. 34:4) But we have a peculiar problem in many congregations. Few
elders are scripturally qualified to be such. A brother who is made an elder
because of his many hours in preaching, placing literature and regular meetings
attendance (none of them scriptural qualifications) may be lacking in the
scriptural requirement of showing love. Love, as required in the scriptures is
part of holding "firmly to the faithful word as respects his art of teaching." (NWT)
Or as the New International Reader's Version says,
”The message as it has been taught can be trusted. He must hold firmly to it.
Then he will be able to use true teaching to comfort others and build them up.
He will be able to prove that people who oppose it are wrong.” —Titus 1:9
Scripturally qualified elders will discern the difference between "loving
discipline" and "just punishment." Where such capable elders are lacking we find
that many of God's ailing sheep are simply disfellowshipped rather than helped
and assisted, since such assistance would take time, love, understanding, and an
art or ability to hold "firmly to the faithful word." Congregations who have
loving qualified elders are certainly blessed. But woe to the brothers where
such ones are lacking.
How Should One Who Has Doubts be Treated?
Some people are more inquisitive then others. They need to know the hows and
whys. I know I was one such a student. I needed everything proved to me and did
not rest until I understood what it was I was learning, After all, if I was
going to teach others, did I not need to understand it myself first? What if a
person has lingering doubts about certain teachings that cannot be proved by
Scripture alone and thus becomes a matter of faith? Or what if in the course of
time we come to understand that something we thought we understood no longer
fits the facts? Should such a person be condemned as being not worthy of the
benefits of the ransom, for the sake of unity? As discussed above, a loving,
qualified elder would, in an environment of warm affection, do as Jude writes,
"Also, continue showing mercy to some that have doubts; save [them] by
snatching [them] out of the fire." — Jude 22,23
He would comfort and build up the individual, realizing that the doubt the
person has is also causing him immense agony, perhaps sleepless nights. Some
elders are known to have disfellowshipped those who have expressed doubts about
certain teachings of ours. Matter of fact, it has become quite common. Can you
imagine! Are they not afraid of their Master, or do they imagine he won't be
coming for a long time yet? Jesus said in one of his most well known quotes,
”For God so greatly loved and dearly prized the world that He [even] gave up
His only begotten (unique) Son, so that whoever believes in (trusts in, clings
to, relies on) Him shall not perish (come to destruction, be lost) but have
eternal (everlasting) life.” —John 3:16 (Amplified Bible)
How does Jehovah view shepherds who disfellowship the sheep whose only "sin" is
to have doubts about certain teachings that cannot be substantiated by
scripture, such as our interpretation of prophecies? Are they being
disfellowshipped for either "loving discipline" or "just punishment"? Jehovah,
in his great love, gave his only-begotten son in order that everyone exercising
faith in him might not be destroyed but have everlasting life. (John 3:16) And
yet unloving and unqualified elders disfellowship those who exercise faith but
have doubts in some of man's teachings. Such elders should beware. Jehovah is
taking note of their punitive actions and dealing harshly with his sheep.
”Woe to the shepherds of
Israel who only take care of themselves! Should not shepherds take care of the
flock?. . . You have not strengthened the weak or healed the sick or bound up
the injured. You have not brought back the strays or searched for the
lost. You have ruled them harshly and brutally. So they were scattered because
there was no shepherd, and when they were scattered they became food for all
the wild animals. My sheep wandered over all the mountains and on every high
hill. They were scattered over the whole earth, and no one searched or looked
for them.
"'Therefore, you shepherds, hear the word of the LORD : As surely as I live,
declares the Sovereign LORD , because my flock lacks a shepherd and so has been
plundered and has become food for all the wild animals, and because my shepherds
did not search for my flock but cared for themselves rather than for my flock,
therefore, O shepherds, hear the word of the LORD : This is what the
Sovereign LORD says: I am against the shepherds and will hold them accountable
for my flock. I will remove them from tending the flock so that the
shepherds can no longer feed themselves. I will rescue my flock from their
mouths, and it will no longer be food for them.”
—Ezekiel 34:2-10 (NIV)
An elder ought to shepherd God's sheep
with love, in imitation of Jesus. He needs to strengthen the weak, heal the sick
and bind up the injured. He should bring back the strays and search for the
lost. Even if some among the brothers have developed a rebellious attitude the
elders ought to imitate Jehovah's example in dealing with them. This is what
Examining the Scriptures Daily 2005, Thursday, October 27,
says in connection with this, quoting Micah 6:3:
“Remember that in Micah's time the
Israelites are rebellious. Even so, Jehovah compassionately addresses them with
the words, "O my people." He pleads: "O my people, remember, please." (Mic. 6:5)
Rather than harshly accuse them, he tries to reach their heart by asking, "What
have I done to you?" He even encourages them to "testify against" him. What
an example God sets for all of us! He compassionately called even the rebellious
people of Israel and Judah of
Micah's day "my people" and addressed them with the term "please." Certainly,
then, we should display compassion and kindness in our dealings with those who
are a part of the congregation.
Granted, some may not be easy to get along with, or they may be spiritually
weak. If they love Jehovah, however, we want to help them and show them
compassion.” (bold mine)
Elders must remember that the sheep belong to Jehovah, and that Jesus gave his
life for them. If they deal with the sheep in a harsh way, as if God's people
were somehow accountable to them, as elders, Jehovah will most certainly hold
them responsible for any harm that comes to them. (Ezekiel 34:4,10; James 3:1)
Has he not set the example for them?
Woe to the elders who oppress, or "beat" their fellow slaves. As Jesus clearly
warned, those in responsible positions, who had been assigned the responsibility
to feed his household, but ended up beating them instead, will be removed from
their positions and lose out on their heavenly reward entirely, being "cut in
two" (διχοτομήσει αυτόν; Luke 12:46, Kingdom Interlinear) as it says in
the Greek. Those serving under them and who understood the will of the Lord,
having been made aware of it, as in the quote above, but failed to carry it out
due to misdirected loyalty, will suffer God's punishment by being beaten with
many strokes; while others, elders who had no clue what they were doing, not
having any scriptural qualifications to begin with, and thus also failed to
obey, will also be beaten, but with fewer strokes. (Luke 12:45-48) "This takes
into account that it is righteous on God's part to repay tribulation to those
who make tribulation for you." —2 Thes. 1:6.
Disfellowshippings That Have God’s Approval
As already noted, Jehovah does not disfellowship anyone because he loves them.
That rules out any disfellowshippings that are done for reasons of discipline.
Adam and Eve were driven out of the Garden of Eden because they no longer
belonged in it. And Satan and his angels are cast out of heaven because they no
longer belong there. It is not for reasons of love, with a view to readjusting
such ones, but rather because of God’s justice that he takes such drastic
action. Any who are expelled from the Christian congregation should be expelled
because they no longer belong there, being unwilling to comply with God's
righteous laws. Concerning such ones Paul's words to the congregation in Corinth
applies, "Remove the wicked [man] from among yourselves." —1 Corinthians 5:13.
How should someone, who has been removed from among us, be viewed? Does God's
Word have appropriate counsel? The 1988 Watchtower dealt with this point:
“When a man in Corinth was
unrepentantly immoral, Paul told the congregation: “Quit mixing in company
with anyone called a brother that is a fornicator or a greedy person or an
idolater or a reviler or a drunkard or an extortioner, not even eating with such
a man.” (1 Corinthians 5:11-13) The same was to occur with apostates, such as
Hymenaeus: “As for a man that promotes a sect, reject him after a first
and a second admonition; knowing that such a man has been turned out of the way
and is sinning.” (Titus 3:10, 11; 1 Timothy 1:19, 20) Such shunning would be
appropriate, too, for anyone who rejects the congregation: “They went out
from us, but they were not of our sort; for if they had been of our sort, they
would have remained with us. But they went out that it might be shown up that
not all are of our sort.”—1 John 2:18, 19.
(bold mine)
I do not believe that Jehovah would approve with the expelling of someone due to
the person no longer wishing to be a member of the congregation. A person cannot
be disfellowshipped for what he does not do, such as no longer attend meetings
or share in the preaching work. When the apostle John wrote that some "went out
from us" because "they were not of our sort" he simply noted that not all
continue running the race with endurance, perhaps due to a lack of faith. (Luke
21:19; 2 Thes. 1:4,5; Heb. 10:36; 12:1;) No one can be expelled for lack of
faith, or for giving up in "the race that is set before us," can they? That is
not what John was telling us.
In Jesus' parable of the prodigal son, did the father expel or disfellowship
his son for leaving his household? From the illustration, it would seem that the
son who remained and worked for his father would have wished that. How unlike
his attitude was in comparison to his compassionate father. Are our elders today
imitating the example of the loving father or the self-righteous son? (Luke
15:11-32)
No longer wanting to be recognized
as one of Jehovah's Witnesses is not a disfellowshipping offense scripturally.
Of course, if the person returns to sinning without any remorse, then he should
be dealt with at such time. And if the elders are unable to locate the person
who was bathed but “goes back to wallowing in the mud,” then they need not
concern themselves with him any longer as he has already removed himself from
the congregation and they can leave his judgment in Jehovah's hands. (2 Peter
2:21,22)
The article goes on to say,
“6 Hopefully, such a one will
repent so that he can be accepted back. (Acts 3:19) But meanwhile, may
Christians have limited fellowship with him, or is strict avoidance necessary?
If so, why?
7 Christians do not hold themselves aloof from people. We have normal
contacts with neighbors, workmates, schoolmates, and others, and witness to them
even if some are ‘fornicators, greedy persons, extortioners, or idolaters.’ Paul
wrote that we cannot avoid them completely, ‘otherwise we would have to get out
of the world.’ He directed that it was to be different, though, with “a brother”
who lived like that: “Quit mixing in company with
anyone called a brother that [has
returned to such ways], not even
eating with such a man.”—1 Corinthians 5:9-11;
Mark 2:13-17.
8 In the apostle John’s writings, we find similar counsel that emphasizes
how thoroughly Christians are to avoid such ones: “Everyone that pushes ahead
and does not remain in the teaching of the Christ does not have God . . . If
anyone comes to you and does not bring this teaching, never receive
him into your homes or say a
greeting to him. For he that says a greeting [Greek,
khai´ro] to him is a sharer in his wicked works.”—2 John 9-11.
9 Why is such a firm stand appropriate even today? Well, reflect on the
severe cutting off mandated in God’s Law to Israel. In various serious matters,
willful violators were executed. (Leviticus 20:10; Numbers 15:30, 31) When that
happened, others, even relatives, could no longer speak with the dead
lawbreaker. (Leviticus 19:1-4; Deuteronomy 13:1-5; 17:1-7) Though loyal
Israelites back then were normal humans with emotions like ours, they knew that
God is just and loving and that his Law protected their moral and spiritual
cleanness. So they could accept that his arrangement to cut off wrongdoers was
fundamentally a good and right thing.—Job 34:10-12.
10 We can be just as sure that God’s arrangement that Christians refuse to
fellowship with someone who has been expelled for unrepentant sin is a wise
protection for us. “Clear away the old leaven, that you may be a new lump,
according as you are free from ferment.” (1 Corinthians 5:7) —w88
4/15 pp. 26-28, Discipline That Can Yield Peaceable Fruit.
(They unfortunately refer to
disfellowshipping as "discipline")
The article mentions apostates, "everyone that pushes ahead and does not
remain in the teaching of the Christ," among those who are to be
disfellowshipped and avoided. We should ask here: Who are the apostates? Are
apostates not those who go beyond the things written, and make God's word
invalid by their own teachings and traditions? From Jehovah's standpoint, was it
not the religious leaders in Jesus' day who were the apostates, although they
accused him of being such for exposing them? (Matthew 15:5-9,12,13) Who today
are the apostates? The ones who have pushed ahead and departed from Christ's
teachings or those who question their unscriptural traditions? When our
pharisaical leaders teach that we gain salvation by means of our dedication, are
they remaining in the teaching of the Christ? (John 3:16) When they push ahead
and explain Bible prophecies that are "made secret and sealed up" until the time
of their fulfillment and try to interpret "the times or seasons which the Father
has placed in his own jurisdiction," something Jesus said "does not belong to
[us]," who are the apostates, the ones doing the teaching or the ones
questioning them? (Daniel 12:9; Acts 1:7)
When the time arrives for God to judge his household he will expose the real
apostates. He will hold those accountable who dealt treacherously with his
sheep, for they had expelled those who questioned, not God's Word, but their
authority to push ahead and teach their own apostate views and interpretations.
Jehovah will expel, disfellowship such ones from his household for there will no
longer be any place for them in it. (Matthew 24:50,51)
Disfellowshipping is an arrangement put in place by Jehovah, and he has set us
the example by expelling Adam and Eve, their son Cain, Satan and his angels, and
also removing wicked persons from among his people in the time of the
Israelites. Expelling an unrepentant individual from our midst removes the
person from God's household, and as Cain complained, from God's presence.
(Genesis 4:14, NLT) There is no longer a place for such a person within
that household and it protects the faithful members of the congregation. The
result of such ousting may well be like that described in the book of Revelation
when Satan and his angels are cast out of heaven.
"the accuser of our brothers has been hurled down, who accuses them day and
night before our God! On this account be glad, you heavens and you who reside
in them." —Revelation 12:10,12
Jehovah's Witnesses are not the only ones who expel, or banish and shun
rebellious individuals in their midst. Other people have seen the wisdom and
need of doing so, such as some native American Indian tribes. Please consider
the news release of January 2, 2004 in the box below and see what results they
are having:
_____________________________________________________
Friday, January 2, 2004 Posted: 2:10 PM EST (1910 GMT)
Some Indian tribes bring back an old punishment: banishment
MINNEAPOLIS, Minnesota (AP) --
Banishment, long regarded as the ultimate punishment among American Indians,
is making a comeback among tribes trying to find more effective ways to deal
with gangs and drugs.
Generations ago, banishment meant casting offenders out and making them fend for
themselves in the forest or on the plains.
The modern version means ordering troublemakers off the reservation, but can
also include stripping them of their tribal membership -- a painful penalty in
tribes that share casino profits with members.
Minnesota's Grand Portage Band of Ojibwe is one of the latest to revive the
practice. The band approved a banishment law this fall and used it against three
young people convicted in a series of assaults. Indian leaders feared that the
violence could lead to the formation of gangs.
"When people cross that line and the community says we've had enough, it's a
process we can use to deal with it," said Norman Deschampe, the band chairman.
The National Tribal Justice Resource
Center has no count of how many tribes
have recently adopted or revived banishment laws. But the number appears to be
on the rise.
At least seven of Minnesota's 11 Indian
bands -- all are either Ojibwe or Dakota -- have either passed or used
banishment-type laws within the past decade. The Lummi Nation, in Washington
state, announced over the summer that it would use banishment more often to deal
with rampant drug use.
One reason tribes are turning to banishment is that federal law does not allow
tribal courts to impose sentences of more than a year in jail and a $5,000 fine.
Banishment is typically imposed by the tribal courts, where people can defend
themselves and petition for reinstatement.
Where the laws exist, they are used sparingly. Most tribal leaders call
banishment a last resort. But when it is used, it can hurt.
Kay Commodore, a Lummi Indian, was stripped of her tribal membership and
banished from the reservation after she was convicted of drug trafficking in
1992. Commodore, 67, served three years in prison, and said banishment is worse.
She is allowed on the reservation only to visit a plot of land she holds; she is
forbidden to visit family members.
"They're taking away a piece of who I am," Commodore said. "I can go out to my
land, but I can't stop and see anybody -- that's the thing that hurts me."
The nation's largest tribe, the Navajo Nation, has had a banishment-type law on
its books since 1940. But Donovan Brown, assistant attorney general, can recall
it being used only once -- about five years ago, for a person involved in gang
activity.
The Mille Lacs Band of Ojibwe recently used banishment for the first time in
around 75 years, casting out two young members for starting fights and causing
other trouble on the Minnesota
reservation.
Some Indian leaders argue that banishment simply pushes a tribe's problems
elsewhere. Others worry that the punishment could be misused to silence
political opponents; that was one reason Minnesota's Leech Lake Band of Ojibwe
decided not to revive the punishment in the late 1990s.
Some tribes are also banishing non-Indians, saying it is their only weapon
against outsiders who make trouble on the reservation.
Federal and state authorities oversee the prosecution of non-Indians who commit
crimes in Indian country, but Indian leaders say some crimes -- like drug
possession or domestic violence -- may not be considered a priority.
Last fall, the Bois Forte Band of Ojibwe in Minnesota banished a non-Indian
accused of bringing drugs onto the reservation. A tribal prosecutor said it was
only the second time in his 13 years that the band had banished someone.