http://www.nytimes.com/2001/02/21/health/21MEDI.html?pagewanted=all
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February 21, 2001
Colorado Children's Deaths Rekindle Debate on Religion
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ENVER, Feb. 20 — The deaths over the last
two years of three Colorado children whose parents denied them medical
treatment on religious grounds has fueled support for state legislation that
would prevent parents from using their religion as a defense against
prosecution.
The parents of all three children belong to the General Assembly and
Church of the First Born, a small denomination that believes in prayer,
rather than medical treatment, to cure illnesses and disabilities.
Largely as a result of intense lobbying by the Church of Christ,
Scientist, which also favors prayer over medicine, 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. The exceptions are Hawaii, Massachusetts, Nebraska and North
Carolina.
But with evidence that dozens of other children of parents with similar
beliefs may have died in the last 25 years in Colorado, this state has become
one of the first to consider eliminating the religious exemption, which its
opponents say sanctifies a form of child abuse. The effort has rekindled a
debate here, pitting religious freedom against the rights of children.
"I don't think freedom of religion should allow a child to die for
not getting proper medical care," said State Senator Bob Hagedorn, a
Democrat who is leading support in the Senate for a bill now under review in
the House.
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.
But legal experts say that state and local officials have not seen the
Supreme Court language as a clear directive for prosecution of child abuse
and homicide cases. Congress did little to clarify the issue with a 1974
directive that required states receiving federal money for child abuse and
prevention programs to have an exemption for parents who substitute spiritual
healing for medical care. The requirement was rescinded nine years later, but
by then, most states had enacted their religious exceptions, which
effectively allow parents to treat ailing children through prayer without
fear of prosecution if something goes wrong.
Then in 1996, Congress seemed to reverse itself in the Child Abuse
Prevention and Treatment Act, saying there was no federal requirement that a
child must be provided "any medical service or treatment against the
religious beliefs of the parent or legal guardian."
In Colorado, for example, prosecutors have always been able to bring civil
charges against parents who deny their children medical help under state
civil laws. But few have, said State Representative Kay L. Alexander, the
House Republican sponsoring the measure, which was approved 8 to 3 by the
Criminal Justice Committee. Ms. Alexander said the exemption in the criminal
code "has had a chilling effect" on local district attorneys.
Leaders from many of the dozens of churches that favor prayer over
treatment say they have ample proof their spiritual healing works as
effectively as a visit to a doctor.
Marvin Peterson, an elder of the church to which the families of the three
dead children belong, said a member recently fell off a ladder and cracked
open her skull. After elders prayed and anointed her with oil, he said, she
recovered.
"I've seen people healed of cancer, seen it with my own eyes,"
Mr. Peterson said, taking strong exception to critics who characterize the
church as a cult. "We believe that if it's the Lord's will, you will
rise up."
While few critics of Mr. Peterson's church and other like-minded
denominations argue with the right of parents to choose the manner of treatment
for themselves, they assert that children have constitutional guarantees to
medical care.
For years, Rita Swan has been one of the leading voices on their behalf as
founder of Children's Health Care Is a Legal Duty, an organization based in
Sioux City, Iowa, that lobbies for removing the state exemptions. Once a
Christian Scientist, Mrs. Swan said that in 1977 a church
"practitioner" — a member who is paid to pray — told her and her
husband after several weeks of prayer that their 17-month-old son, Matthew,
was suffering from a broken bone. Since Christian Scientists are allowed to
consult doctors for broken bones, the Swans took Matthew to a hospital, only
to learn he was suffering from spinal meningitis. He died a week later.
Mrs. Swan and Dr. Seth M. Asser, a pediatrician in San Diego, released a
study in 1998 that found 172 cases of children dying between 1975 and 1995,
more than 30 of them in Colorado, after their parents failed to get them
medical treatment on religious grounds.
Mr. Peterson responded, "Children also die in hospitals every
day."
Prosecutors have been loath to bring charges in many cases because of the
ambiguities of the law and what they say are well-intentioned actions of
parents whose religious beliefs are so strong that they prefer to put their
children in the hands of God, rather than a doctor.
Frank Daniel, the Mesa County district attorney, had jurisdiction in the
cases of the three Colorado children who died. He won a conviction for
criminally negligent child abuse, a felony, in 1999 against the parents of an
18-day-old infant who died of meningitis. He declined to prosecute the
parents of a 3-day-old infant who died of a heart defect. He said today that
he had yet decided what to do in the latest case, involving Amanda Bates, a
13-year-old girl who died of complications of diabetes two weeks ago.
The county coroner, Robert Kurtzman, ruled her death a homicide.
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