Tuesday, April 23, 2013

Testing the limits of ther free exercise of religion

It does protect a couple that denies medical treatment for a child in favor of prayer if the child dies as a result. We discussed similar cases earlier in 2305 when we covered the religious freedoms established in the Bill of Rights. Here's an example:

A couple serving probation for the 2009 death of their toddler after they turned to prayer instead of a doctor could face new charges now that another son has died.

Herbert and Catherine Schaible belong to a fundamentalist Christian church that believes in faith healing. They lost their 8-month-old son, Brandon, last week after he suffered from diarrhea and breathing problems for at least a week, and stopped eating. Four years ago, another son died from bacterial pneumonia

. . . A jury convicted the Schaibles of involuntary manslaughter in the January 2009 death of their 2-year-old son, Kent. The boy's symptoms had included coughing, congestion, crankiness and a loss of appetite. His parents said he was eating and drinking until the last day, and they had thought he was getting better.
The Schaibles were sentenced to 10 years' probation.

At a hearing Monday, a judge told the couple they had violated the terms of their probation, noting the Schaibles had told investigators that they prayed to God to make Brandon well instead of seeking medical attention.


"You did that once, and the consequences were tragic," Philadelphia Common Pleas Judge Benjamin Lerner said, according to the Philadelphia Daily News.