Safeguarding child health
The case against religion-based neglect
By SHAWN FRANCIS PETERS
Posted: April 5, 2008
Easter Sunday - ordinarily one of the most joyous days on the Christian calendar - proved grim in Weston, a small town near Wausau. There, according to police reports, an 11-year-old girl named Madeline Neumann died after failing to receive medical treatment for diabetic ketoacidosis. The girl's devoutly religious parents apparently had prayed for her recovery rather than providing the insulin shots that almost certainly would have prevented her death.
It is difficult to determine precisely how many Madeline Neumanns there are in the United States. We do know, based on police and media reports, that several children lose their lives every year as the result of the phenomenon that has come to be known as religion-based medical neglect.
A study published in the journal Pediatrics uncovered more than 150 reported fatalities over a 10-year period - a tally that one of the study's authors later said represented only "the tip of the iceberg" of a surprisingly pervasive problem. Assessing whether forms of religion-related child abuse pose a greater risk to children than more widely publicized threats, such as ritual satanic abuse, a wide-ranging study funded by the National Center on Child Abuse and Neglect concluded that "there are more children actually being abused in the name of God than in the name of Satan."
Such instances of abuse often result in the filing of criminal charges, especially if there has been widespread media coverage of the circumstances of the child's death. The parents charged in these cases - many of them members of small Christian churches that ground their doctrines in narrowly literal interpretations of the Bible - often argue that the First Amendment safeguards their decision to adhere to their faiths' religious traditions and treat their ailing children solely by spiritual means.
They should not be "persecuted," they claim, for holding so steadfastly to their religious beliefs. (This complaint already has been voiced by an online minister who counseled Madeline's parents in the days preceding her death.)
Perhaps not surprisingly, law enforcement authorities generally have a different view. Prosecutors often balk at the notion that constitutional protections for religious liberty essentially tie their hands when it comes to regulating religious conduct, particularly when that behavior has endangered the safety of children. But their task often is complicated by murky state manslaughter and abuse statutes that appear to provide exemptions for religious healing practices. When prosecutors weigh the possibility of leveling charges against the parents of Madeline, for instance, they will have to grapple with a Wisconsin statute that seems to shield from criminal liability those parents who engage in "treatment through prayer." In other states, similar provisions have derailed prosecutions of faith-healing parents - much to the consternation of those who believe that those parents have essentially murdered their children in the name of religion.
Arguing that they were "Christians first, citizens afterward," a prominent Christian spiritual healer once urged his followers to disregard secular laws that might compel them to forsake their religious beliefs regarding healing.
Such is the dilemma that confronts parents who choose to treat their sick or injured children with prayer instead of medicine. Not only must they safeguard the health of their sons and daughters; they also must try to reconcile their devotion to God with their duties as citizens.
Defining these obligations through the enforcement of secular laws can be a messy affair. Furthermore, there is no guarantee that it will deter devout and stubborn parents, such as the mother and father of Madeline, from engaging in religious practices that endanger the health of their children.
But the alternative - simply ignoring the suffering of the youngest and most vulnerable members of our nation's churches - seems unconscionable.
Shawn Francis Peters' latest book, "When Prayer Fails: Faith Healing, Children, and the Law," was published in October by Oxford University Press. He teaches at the University of Wisconsin-Madison.
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