
Description
Through close analysis of these seven cases, legal historian Alan Rogers explores the conflict between religious principles and secular laws that seek to protect children from abuse and neglect. Christian Scientists argued--often with the support of mainline religious groups--that the First Amendment's "free exercise" clause protected religious belief and behavior. Insisting that their spiritual care was at least as effective as medical treatment, they thus maintained that parents of seriously ill children had a constitutional right to reject medical care.
Congress and state legislatures confirmed this interpretation by inserting religious exemption provisos into child abuse laws. Yet when parental prayer failed and a child died, prosecutors were able to win manslaughter convictions by arguing--as the U.S. Supreme Court had held for more than a century--that religious belief could not trump a neutral, generally applicable law. Children's advocates then carried this message to state legislatures, eventually winning repeal of religious exemption provisions in a handful of states.
Product Details
Publisher | University of Massachusetts Press |
Publish Date | April 17, 2014 |
Pages | 256 |
Language | English |
Type | |
EAN/UPC | 9781625340726 |
Dimensions | 9.1 X 6.0 X 0.7 inches | 0.8 pounds |
About the Author
Reviews
"With religious medical neglect, we are especially hungry for insight because it is so difficult to make sense of parents' watching a child wither and die before their eyes. Alan Rogers, professor of history at Boston College, provides substantial backstory on several more prominent criminal prosecutions of parents whose children died because the parents rejected medical care on religious grounds."--Journal of Church and State
"The Child Cases presents an exhaustive and insightful legal history of the role that religious exemptions played in child abuse and manslaughter cases during the last decades of the twentieth century."--American Historical Review
"The Child Cases invites the reader to thoroughly reflect on the free exercise of religion. The author includes historical and legal evidence, which demonstrates that an individual must learn to balance religious beliefs with legal responsibility. The book is a worthwhile read and should be used as a substantial reference by anyone working in areas of constitutional law and child abuse in the United States."--Nova Religio
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