Tuesday, October 6, 2009

Faith Healing, Child Protection and the First Amendment

Here are a couple of stories to add to our discussion of the limits of the free exercise clause:

- Prayer Trumps Medicine in Decision over Child Death
- Parents in prayer death get probation, some jail - Yahoo! News

In one, parents are not punished for the death of a child when they prayed rather than call doctors to save her. In the other, the parents were punished. These cases came from different states, which may help explain the different outcomes. They are the verdicts in trial courts. The case that ended in a conviction is going to be appealed. Here is an old case involving an appelate decision from California:

- Court Decides Christian Scientist Can Be Tried in Her Child's ...

There appears to be no national ruling that establishes a common rule that covers all such cases. As far as I know the Supreme Court has yet to rule on such a case.