Religion & American Law

Here is the link to this article: http://www.nytimes.com/roomfordebate/2015/03/10/parents-beliefs-vs-their-childrens-health/child-abuse-under-the-guise-of-religion

Over Spring Break, I came across a very interesting article while reading the New York Times online. The article, an opinion piece, argues that states should no longer grant statutory rights and religious exemptions to parents who do not believe in medical care. These parents argue that their faith restricts them from granting their children resources including, but not limited to, immunization, health screenings, and medical care.

Most states have at least some religious exemptions, though some states have enacted exemptions that call into question whether a family’s religious beliefs are truly more important than the health of the children. Idaho, for example, has exempted parents who do not want to allow their children to have lifesaving medical care for religious reasons. As a result, many children have died in Idaho over the past few years because they were not allowed to have medical care.

While the question of whether a family’s religious beliefs should come before the interests that the state has to keep its members safe and healthy is most prominent, a factor that must be considered is also those around a sick child in this type of situation. Classmates, teachers, the parents themselves, and even strangers on the street can be immune to the sickness or disease the child has. For instance, the article states that “in 2007 just two cases of measles among religious objectors cost Oregon and a hospital $170,000. Teachers have to stay home; schools have to hire substitutes. Working parents have to stay home with children in quarantine.” Certainly, I don’t think money should be taken into consideration when trying to solve these questions. At the same time, the state has a legitimate interest in protecting the health of its citizens and when multiple people, and possibly hundreds of people in the case of measles, are at risk of serious health issues, I believe the state needs to step in and draw the line between religious exemptions and public safety.

Another question that comes up is whether the parents should get to choose not only what their children believe in but also the resources they can have access to or whether the children should be able to choose. This is tough because often times, the children are young and not capable of choosing. While their individual rights are certainly called into question, an argument could be made that their parents pay for their bills and pay for everything they own, so the parents should be able to decide what to spend on medical care, for example. I believe that the parents should be able to decide on their own what to spend their money on when it comes to their children, so long as the child’s health and safety is not at risk. If a sickness or disease should be cured through ways that a religion may not believe in but does not need to be cured through any of those ways, the parent or parents should not be forced to choose something that goes against their religion. If, however, the disease or sickness requires immediate attention or needs to be cured through a method that goes against the parents’ religion, the state should step in and protect the child over everything else. In these circumstances, the state has a duty and that duty should not be overridden by anything else, including religion.