I am taking an Ethics/Philosophy (Death, dying, & medical ethics) and I am doing an extra credit assignment on parents who refuse medical treatment for their children bassed on religious grounds. I must say after writing this and taking this class I have determined 90% of the philosophers out there are full of shit and don't know how the world works. Anyway this is my report for those interested. Feel free to give advice, suggestions, comments, and critique.
Does society have society have a moral obligation or right to compel parents, parents who violate the standards of a society when they refuse medical treatment of their children, to follow the standards of society?
This particular topic is not commonly discussed within the United States, but nonetheless it is a hot issue for debate. At stake here are two of the most important fundamental the United States holds dear. The right to religion and the safety of children. Both these are core beliefs in this country and it is no surprise that when the two conflict, tempers flare and emotions run high. Where does this conflict occur? It occurs when a particular religious belief does not allow for certain life saving medical treatment for a child. A popular example is that of Jehovah’s Witnesses refusing blood transfusions and Christian Scientists refusing most forms of modern medicine. Both religions site their religious literature as reasoning for not using such forms of medicine, and use the protections of the Constitution to allow them to live their life and raise their children the same way. The full weight of this issue is felt when this way of life leads to the death of a child by a deadly disease which is curable through modern medicine. Here is a classic example of the issue at hand:
On May 6, 1989, an 11-yeard-old Minnesota boy named Ian Lundman complained of stomach pains. Acting in accordance with her beliefs as a lifelong Christian Scientist, his mother, Katherine McKown, prayed for Ian but did not call a doctor. When the boy had not improved the following day, Ms. McKown sought the healing prayers of two Christian Science practitioners. Three days later, Ian was dead. (Taking Sides, 2001, p. 166)
What made this an even larger tragedy is that Ian died needlessly because he had diabetes. Ian’s father had left Christian Science but did not have custody of his child.3
Carol Lavine sums up the entire issue quite nicely with her statement that:
[r]eligious freedom and family privacy are pitted against society’s obligation, through the medical profession and the courts, to protect the health and welfare of all children. In the most extreme cases, such as Ian’s, honoring one value inevitably means violating the other. (Taking Sides, 2001, p. 167)
Society’s need for a child to be raised in a healthy environment is in direct conflict with society’s other need for personal privacy and religious freedom. That leaves us with the question as to which is more important than the other?
Society through federal & state laws and court rulings has attempted to answer the question of whether or not society has the right to intrude on the family. “Colorado and 45 other states have statutes that allow parents to use their religious beliefs as a defense against prosecution for withholding medical treatment from their children”. These state laws are a direct result of lobbying attempts by Christian Science groups.1 This has resulted in one or two religions forcing their morals on the majority of society. The US Supreme Court has also weighed in on this issue:
The United States Supreme Court has ruled that parents do not have an absolute right to deny their children medical treatment on religious grounds, saying in a 1944 decision that while parents "may be free to become martyrs themselves," "it does not follow they are free, in identical circumstances, to make martyrs of their children." The court reprised the same thought in a 1990 case.1
This creates a conflict between the state and federal courts. Any conflict between levels of the government automatically go to the federal level for the ultimate decision. Naturally such conflicts are sided with the federal level and any ruling the Supreme Court gives is precedence. Twice now the Supreme Court has ruled that parents do not have a legal right to risk the life of their children. While the legal issue has been settled, the debate itself still rages. This report looks at the issue in an abstract light and it must be determined which side is right regardless of the law.
The legality of the issue has been addressed. Now the issue must be looked at more from a societal stand point as well as the personal stand point. Is it right for parents to withhold medical attention on religious grounds? This question already indicates something. The issue is not normally considered with religion taken out of context. If a parent withheld life saving medicine for their child out of sheer negligence and even ignorance, that parent would be punished. If an action is wrong through normal action, how does religion make this very same action correct or in the very least less severe? The end result is the same, a child is dead through sheer negligence and the culpability is the same.
Where is right and wrong defined? What is right is defined as a standard that is upheld for all people. What is wrong is when a standard is violated that harms the well being of other people. Therefore a standard of law is held the same for all people. The United States government allows religious freedom so far as they follow the laws of this country. A religion that uses illicit drugs might be restricted as would a religion that calls for the sacrifice of young virgin women. All people regardless of religion are supposed to be held to the same standard. To write in legal exceptions into the books creates both religious discrimination and anarchy. The issue of withholding medical treatment for children being withheld for religious reasoning falls into this area of the law. Should exceptions be made in the law for these religions? Is it right to hold people to different standards based solely on their religious belief? The practice of a religion now makes what is a crime by normal standards no longer a crime through religious defense.
If an act is wrong through normal actions, what makes it right through religious actions? The law is supposed to be blind when it comes to religion, so why should it be making exceptions for those conducting the act under the religious context? What makes their acts less criminal? While many in society may agree what they are doing is out of good will, it can not be argued that it is right. Is it wrong to sacrifice a virgin to appease the gods and reap good will on the land? Of course. Would it also not be wrong to sacrifice the health of innocent children? The Supreme Court makes a good case that parents are indeed harming their children.
If society as a whole is to function, its citizens must be held to the same standards regardless of their beliefs. The idea that parents should be able withhold medical treatment for their children based on religious viewpoints would constitute application of unequal standards. It further places a legal precedence supporting religion which is against the Constitution. Good intentions or no, these people should know that the health of their children is a primary concern.
In Taking Sides this issue is discussed by two groups. The first is the American Academy of Pediatrics which asserts children are indeed being harmed by lack of medical care. The second is Mark Sheldon who proposes that harm is not being done because of the spiritual beliefs of the parents. Sheldon uses an example and explains the reasoning behind a woman’s choice: “She acts in a way that is prescribed for her by her religious tradition” (Taking Sides, 2001, p. 177). What Sheldon does not acknowledge is that many religions have many different traditions. He would not appreciate all of them. Some would have us believe that it is the will of God to kill homosexuals while others see it as wrong to be using technology. Yet more would have blue laws enforced on entire populations. The morality of the religion in question is meaningless when the issue of society is examined. Society creates laws on the basis of what is best for the continuation of society and the best interests of those most at risk. Children are most definitely in this category. Personal religious beliefs are secondary to the safety that society has deemed important. It is the parents responsibility to raise the child in a safe and healthy environment until they are legal adults while using the standards given by society. A death of a child due to religious belief is a failure. Society do not allow parents to kill their children in exorcisms to save their souls, society likewise would not have a vested interest to allow parents to let their children die from neglect.
There is another aspect of this issue that has not been addressed. As previously mentioned forty-six states have laws on the books that allow a certain degree of lack of medical care for children. There is not one state that allows lack of basic care such as food and shelter. In 1998 a couple from Utah was sought for kidnapping their child after social services had removed the child due to health concerns. The parents believed their child was the next messiah and they were feeding the boy a diet of lettuce and watermelon because they claimed it was pure. They were doing this on religious grounds. The precedent of this is clear. The government decided the welfare of a child is more important than the religious beliefs and rights of the parents. This very same concept should be applied both legally and morally to cases of medical care and neglect with children under religious grounds.
Is it criminal or is it wrong for parents to deny medical attention to their children based on religious grounds? This report has detailed two separate legal issues in regards to the subject. There are conflicting legal positions on this moral issue yet both federal and state government are against the problem in concept. The Supreme Court has detailed that there is no justification because the parents are doing more than pushing their opinion on their children. They are outright killing them. State laws do not allow questionable practices in regards to child health and the precedent itself should over ride the laws in place that protect the medical issue with religion. Morally the concept of putting such beliefs on children is questionable. It places a criminal act in a different light for religious reasons with no justification or legal standing behind it. The conclusion of this report is obvious. Yes parents do indeed harm their children.
3 http://www.childrenshealthcare.org/victims.htm
1 http://www.sullivan-county.com/nf0/fund ... tm?FACTNet
2 http://www.cnn.com/US/9810/06/fbi.kidnapped.02/