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But KR, here's the big disconnect... A statement of policy in a pledge manual does not constitute a legal agreement. Not by a long shot. There's no date, no signatures, the parties to the agreement aren't named...
And actually, the law would likely say exactly the opposite of that DZ policy statement. The law would likely say ownership HAS transferred to the member because possession of the badge is given to the DZ sister in return for some nominal consideration (an initiation fee).
And in any case, none of this stuff becomes binding on the family members, estate liquidators, junk pickers, collectors, etc. who later take possession.
So it's not that the groups don't want to spend the money on a legal battle. It's that they know they have absolutely no legal ground to stand on and could never win.
Morally, the answers may be different. But legally, YOU own your badge. If you die, your legal heirs own your badge. If you sell it on ebay, the auction winner owns your badge.
...and I'd be very interested to see proof that the bylaws have "always" had this provision in there. I've read a lot of old constitutions, bylaws, pledge manuals, rituals, etc. and I agree with MysticCat that it's a fairly recent phenomenon - probably not older than 25 years, and certainly not older than 50.
wptw
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