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Author Topic:   Casualty of faith healing - Madeline Neumann
molbiogirl
Member (Idle past 2671 days)
Posts: 1909
From: MO
Joined: 06-06-2007


Message 268 of 286 (464976)
05-01-2008 4:47 PM


Happened across an excellent site re: religious exemption laws.
http://www.masskids.org/dbre/dbre_1.html
Turns out South Dakota & Colorado repealed their religious exemption laws! And Virginia & Mississippi are the only two states that never passed one.
All red states. Go figger.
And then there's this.
48 states have religious exemptions from immunizations. Mississippi and West Virginia are the only states that require all children to be immunized without exception for religious belief.
The majority of states have religious exemptions from metabolic testing of newborns. Such tests detect disorders that will cause mental retardation and other handicaps unless they are treated.
Colorado, Delaware, Florida, Idaho, Iowa, Maine, Michigan, Minnesota, Nevada, and Pennsylvania have religious exemptions from prophylactic eyedrops for newborns. The eyedrops prevent blindness of infants who have been infected with venereal diseases carried by their mothers.
Delaware, Illinois, Kansas, Maine, Massachusetts, New Jersey, and Rhode Island have religious exemptions from testing children for lead-levels in their blood.
California allows public school teachers to refuse testing for tuberculosis on religious grounds. Ohio has a religious exemption from testing and treatment for tuberculosis. It lets parents use “a recognized method of religious healing” instead of medical care for a child sick with tuberculosis.
California, Colorado, Michigan, Minnesota, Ohio and some other states offer religious exemptions from physical examinations of school children.
Connecticut, New Jersey, Oregon, West Virginia, and some other states have religious exemptions from hearing tests for newborns.
Oregon and Pennsylvania have religious exemptions from bicycle helmets.
Oregon has a religious exemption from Vitamin K that is given to newborns to prevent spontaneous hemorrhage.
California, Colorado, Massachusetts, Michigan, Minnesota, and Ohio have statutes excusing students with religious objections from studying about disease in school.
Delaware, Wyoming, and other states have laws with religious exemptions for both children and adults from medical examination, testing, treatment, and vaccination during public health emergencies.
My favorites? Bike helmets and studying about disease.
Oops! Almost forgot! There's this too:
Thirty-nine states and the District of Columbia have religious exemptions in their civil codes on child abuse or neglect, largely because of a federal government policy from 1974 to 1983 requiring states to pass such exemptions in order to get federal funding for child protection work.
The states are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming. Additionally, Tennessee exempts caretakers who withhold medical care from being adjudicated as negligent if they rely instead on non-medical “remedial treatment” that is “legally recognized or legally permitted.”
Eighteen states have religious defenses to felony crimes against children: Arkansas, Idaho, Indiana, Iowa, Kansas, Louisiana, Minnesota, New Jersey, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, Virginia, Washington, West Virginia, and Wisconsin
Twelve states have religious defenses to misdemeanors: Alabama, Alaska, California, Colorado, Delaware, Georgia, Maine, Nevada, New Hampshire, New York, South Carolina, and South Dakota. Missouri exempts parents from the misdemeanor charges of endangerment and nonsupport if they provide “nonmedical remedial treatment recognized and permitted under the laws of this state” instead of medical care.
Florida has a religious exemption only in the civil code, but the Florida Supreme Court nevertheless held that it caused confusion about criminal liability and required overturning a felony conviction of Christian Scientists for letting their daughter die of untreated diabetes. Hermanson v. State, 604 So.2d 775 (Fla. 1992)
States with a religious defense to the most serious crimes against children include:
Iowa and Ohio with religious defenses to manslaughter
West Virginia with religious defenses to murder of a child and child neglect resulting in death
Arkansas with a religious defense to capital murder
Oregon with a religious defense to homicide by abuse
The scope of the religious exemption laws varies widely. Some protect only a right to pray or a right to rely exclusively on prayer only when the illness is trivial.
For example, Rhode Island’s religious defense to “cruelty to or neglect of a child” allows parents to rely on prayer, but adds that it does not “exempt a parent or guardian from having committed the offense of cruelty or neglect if the child is harmed.” Rhode Island General Laws 11-9-5(b)
Delaware's religious exemption in the civil code is only to termination of parental rights, rather than to abuse or neglect, and does not prevent courts from terminating parental rights of parents relying on faith healing when necessary to protect the child's welfare. See Delaware Code Title 13 1103(5)(c).
Many state laws contain ambiguities that have been interpreted variously by courts. Some church officials have advised members that the exemption laws confer the right to withhold medical care no matter how sick the child is and even that the laws were passed because legislators understood prayer to be as effective as medicine.
Man. You gotta wonder who got to Ford.

  
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