Healthcare Is a Legal Duty. Inc.

Box 2604 Number 2, 1993 Sioux City IA 51106 Rita Swan, Writer and Editor Phone 712-948-3500 Copyright by CHILD, Inc. Equal rights for children under the law

It is the first time a Massachusetts court has established a parent's duty to provide medical care for children. The ruling is binding for all residents of the state. "The decision represents an unparalleled victory for children in this state, indeed across this country," said Suffolk County District Attorney Ralph Martin. In a 6-1 ruling, the Supreme Court over­ turned the Twitchells' conviction on narrow grounds due to "special circumstances" of the case. The Court ruled that Superior Court Judge Sandra Hamlin should have allowed the Twitchells to introduce as evidence the church's booklet of legal guidance, Legal Rights and 1

INSIDE More Robyn Twitchells? ...... 3 Torture and medical neglect in California . . 4 Robyn Twitchell Pennsylvania court orders surgery for boy . . 5 portrait by J P. Dimes US Advisory Board hearing on exemptions . 6 Pediatricians urge federal action ...... 10 Twitchell conviction overturned; CHILD submits testimony ...... 11 AMA urges federal action ...... 11 duty to get medical care upheld Pertussis outbreak in Hawaii ...... 12 Epidemics tied to religious exemptions . . . . 12 On August 11, the Massachusetts Supreme Canadian minor refuses blood ...... 13 Judicial Court issued its ruling in the case of Female circumcision fought ...... 14 Christian Scientists Ginger and David Twitchell, Gambian jailed for circumcising daughters .. 15 who were convicted of involuntary manslaughter Church reports on lobbying ...... 15 in 1990 for letting their two-year-old son Robyn Early Eddy biography reprinted ...... 16 die of a bowel obstruction without medical care. Church reaches estate settlement ...... 17 The Court overturned the conviction of the Sokol speaks out ...... 18 parents, but also established "a common law duty Supreme Court allows animal sacrifice .... 18 to provide medical serviees for a child, the breach On separation of church and state ...... 19 of which can be the basis, in the appropriate First civil suit award ...... 20 circumstances, for the conviction of a parent for Mississippi pastor goes on trial in girl's death 20 involuntary manslaughter." 2 Obligations of Christian Scientists in Massachusetts. certainly debatable. During a voir dire, outside The booklet quotes an ambiguous religious of the jury's presence, David Twitchell was asked exemption to a misdemeanor of nonsupport, by his attorney Rikki Kliemen to look through which the church persuaded the Massachusetts the booklet and cite passages that he had relied legislature to add in 1971. on. He looked carefully on the page discussing In 1975, the Attorney-General was asked by the exemption, but did not mention it. Kliemen the Office for Children for an opinion on the asked him to look through the booklet again, but exemption. He replied that it was "a criminal he still did not mention it. statute" and "expressly preclude[ d] imposition of The next day, however, Twitchell cited the criminal liability as a negligent parent for failure passage during continued voir dire. When asked to provide medical care because of religious what had refreshed his memory the third time . beliefs." through the booklet, Twitchell said someone in the audience reminded him of it. Carte blanche for parents implied It is more likely that the Twitchells were The church quoted the Attorney-General's relying on . Nathan Talbot, the church's public statement verbatim, but did not put it in quote relations manager, whom they called for advice marks or name the source. The church did not several times during Robyn's illness and who mention the manslaughter statute or potential encouraged them to withhold medical care. manslaughter liability. Thus, the church implied Why was sc;mrce not given? in the Legal Rights booklet that no criminal charges could be filed against a Christian Science It is also worth pointing out that the parent who withheld medical care from a child. Twitchells did not know that the church was The Supreme Court ruled that the exemptiOn quoting an Attorney-General's opinion. In does not shield Christian Scientists from CHILD's view the church would have named its prosecution for manslaughter when their child source if the church really believed state law dies for lack of medical care. It also pointed out provided a religious defense to manslaughter. that ignorance of the Jaw has long been held to Another remarkable feature is the Supreme be no defence. Court's comment on the Twitchells' defense. The Nevertheless, said the Court, the issue of the Court mentions several deficiencies in the Twitchells' "reliance on advice that had origins in performance of their defense attorneys, Rikki the Attorney General's opinion should have been Kliemen and Steve Lyons. In CHILD's view, before the jury." these deficiencies may have been due to conflicts between loyalty to their clients and to the church. Argument not raised by defense Robyn Twitchell remains the most famous The Twitchells were entitled to present an Christian Science victim in history. The affirmative defense on the reliance issue to the prosecution of the Twitch ells generated enormous jury. "We can hardly fault the judge for not publicity, not because it presented a new doing so," said the Court, "because the defense challenge to religious freedom as the media often did not make such an argument or request a jury implied, but because it occurred in Boston where instruction on that defense." the church is headquartered. "The failure to present the affirmative John Kiernan and Marcy Cass, who prosecu­ defense to the jury, along with the relevant ted the case, brought great talent and dedication portion of the church's publication which the to it. Cass was the team leader on the state's judge excluded, created a substantial risk of a lengthy appeal brief. miscarriage of justice requiring that we reverse Taken in part from The Boston Globe, 12 the convictions, even in the absence of a request August; The Boston Herald, 12 August; The for jury instruction on the subject." Christian Science Monitor, 13 August; and the Whether the Twitchells relied on the Legal court's ruling in 416 Massachusetts Reports 114. Rights booklet during Robyn's illness was 3 Will there be more ture to repeal the religious exemption. It appears to be an exemption to nothing because the legis­ Robyn Twitchells? lature removed the context around it after Robyn Twitchell's death. Some legal scholars say it has The million dollar question is, of course, no legal force now. whether the Christian Science church now acknowledges that Massachusetts law requires Legislative change called for parents to obtain necessary medical care for But if the church intends to continue using it children regardless of their religious belief. The as a rationale for withholding medical care, then church has declined comment "on the broader repeal is important. Martin called upon the legis­ implications of the decision." lature "to assure there are no ifs, ands or buts Ambiguity claimed lingering on the books that may be detrimental to the children of this county and state." On August 13, The Christian Science Monitor Martin further stated that the prosecution of admitted that the Supreme Court ruled that the the Twitchells has already left a legacy of legal religious exemption does not shield parents from protection for children. But prosecution, he said, prosecution for manslaughter. However, The is only "one.tool in the arsenal available to insure Monitor went on to say, "But the ruling may not that all children remain so protected." be so clear." It cited a footnote in which the Court said that legislative action after Robyn Church agents should report Twitchell's death may have created "a new Martin called upon the Massachusetts Senate uncertainty" about the religious exemption. to pass a criminal child abuse bill that has In response, child advocates have told already passed the House. He urged them to CHILD that any uncertainty relates to civil reject new religious exemptions proposed by the matters or misdemeanors. The Supreme Court Christian Science church. And he asked them to ruling has several sentences on why the state's put Christian Science practitioners and nurses on religious exemption could not be used to modify the list of mandatory reporters of potential child the definition of homicide or manslaughter. abuse and neglect. But what the Christian Science church claims "I urge you to protect all children and insure, the law means may have more to do with whether once and for all, that no child will ever suffer the children live or die than what child advocates or untimely and insufferable death that Robyn Twit­ the Supreme Court say the law means. The chell did. I urge you to promulgate his legacy church says its members will get medical care if and legislatively mandate the saving of innocent the law clearly requires it, but the church seems lives." determined to find the law unclear. On the positive side, Christian Science Globe changes views parents in the future will not be able to use the Boston Herald editorials called for repeal and Legal Rights booklet in their defense. The for prosecution of Robyn's death several years Attorney-General's 1975 opinion has been obvia­ ago. And on August 13, 1993, The Boston Globe ted by the Supreme Court ruling. Furthermore, published its first editorial on the Twitchell case. the church canceled the Legal Rights booklet a Entitled "A message for Christian Scientists," it few days after the Twitchells were indicted and a called upon the legislature to repeal the remain­ few months after Judge Lawrence Shubow issued ing rump exemption and for Christian Scientists an inquest ruling that the church's public to get medical care for their children. relations manager could be indicted for In 1967, however, The Globe ran an editorial distributing wrong and misleading legal advice. criticizing the prosecutor for filing charges in the On September 9, District Attorney Martin death of 5-year-old Lisa Sheridan on Cape Cod. announced that his office would not prosecute the The girl was sick for three weeks with pneumonia Twitchells again. He also implored the legisla- and had more than a quart of pus in one lung. 4

Her mother did not get medical help because of food supplements with names such as "Super her Christian Science beliefs. Surge" and "Body Ease" for Steven. The carpets The contrast between the two editorials is an and drapes were removed from the home. Walls example of how understanding of children's rights and toys were washed. has improved over the years and of how much On some days Steven was able to do the was accomplished by the prosecution of the regimen of calisthenics prescribed by Keith. On Twitchells. other days he was too weak to get out of bed. The image of little Robyn moaning in pain Threats of dying don't work and vomiting his own feces is indelible. The Christian Science church has lost both in the In March Daniel Blomquist sent a message to Massachusetts Supreme Court and in the hearts a computer bulletin board seeking surfing or of the people of Boston. action videos for his sick son. "My 10 year old is really sick and we are trying to set a goal for him to help him get over the 'I don't care' attitude," he allegedly typed. "We have tried to threaten him about dying Fundamentalist parents if he does not help himself, ·but he understands convicted for torture and death and knows he will join his sister in Heaven, medical neglect thus death is not a fear for him (or us for that matter)." On June 7 Daniel and Ethyl Blomquist of Holistic chiropractor's aversion therapy Campbell, California, were convicted for physical By June, their surviving daughter said, Steven abuse and medical neglect of their 11-year-old was vomiting every day. His vomit was saved in son Steven. Both the abuse and neglect were a bowl and put in the refrigerator. The Blom­ related to their fundamentalist religious beliefs. quists forced Steven to drink the vomit or eat it Mr. Blomquist was found guilty of four felony with a spoon, which they said Keith recommen­ counts of torture as well as felony counts of child ded as "aversion therapy." If Steven refused, the endangerment and corporal injury to a child. father beat him with a wood spoon, belt, or stick. Mrs. Blomquist was found guilty of felony child The father testified that he did not strike his endangerment and neglect as well as misde­ son with his hand because he wanted the hand to meanor endangerment. be a symbol of love. Other abusive fundamenta­ Their 15-year-old daughter testified that lists have expressed a similar idea. spankings with a long wooden spoon or stick were The daughter recalled hearing the spankings common at their home and that the parents and her brother's cries and seeing bruises on his justified them with an alleged Bible quote, "Spare buttocks. But, she said, she never really believed the rod, spoil the child." Steven was sick. "Rebellious" invalid "He was a rebellious kid. I thought he was doing it to get back at my parents," she said. Steven had been "rebellious all his life" and got the most punishment, the daughter said. Vomiting not caused by rebellion And he was especially punished after he got Paramedics called to the house on June 26 sick with "the flu" around Christmas of 1991. He knew immediately that something was seriously became more seriously ill in February and lost a wrong. Steven's breathing was shallow and slow; lot of weight in June. his buttocks were black with bruises. He was His parents took classes from Bud Keith, a unconscious and his arms flailed while his legs holistic chiropractor who was not state licensed, curled up against his stomach. Campbell para­ but claimed to have a doctorate in "pneumia­ medic Richard Kincaid said he could not find a trics"-nutrition based on Biblical principles. pulse. Keith prescribed a regimen of exercise, diet, and 5 On the way to the hospital, Steven regained Court orders surgery for boy consciousness. "He looked at me and said, 'Daddy! Don't hit me again, Daddy!,"' Kincaid in faith-healing church testified. The boy later testified that he was hit as many as 100 whacks at a time with a spoon. On May 20, eleven-year-old Glen Paton of At the hospital physicians found the boy's Philadelphia received medical treatment over the buttocks raw and abraded to the muscle. They religious objections of his parents after he was also found he had Addison's disease, a disorder struck by a car. that destroys the adrenal glands and causes His parents, Barry and Evelyn Paton, chronic nausea and vomiting. removed him from the scene of the accident and Steven and his minor siblings were placed in took him first to their pastor and then to their foster care. home. When police arrived, they saw blood and Parents credited with good intentions pieces of bone in the street, but the boy was The father, an accountant at Stanford Uni­ gone. versity, testified at trial that he beat his son only Medical care opposed on religious grounds the last ten days. The father said the holistic healer told him that Steven had "an attitude prob­ Later police received an anonymous call, lem" and needed "adverse conditioning." apparently from a neighbor, informing them of Several members of Valley Church, to which the boy's condition and location. Police and fire the Blomquists belong, testified for the good rescue units arrived at the Paton home 51 character of the parents. The church also minutes after the accident. The father told them organized a letter-writing campaign to the court he did not want his son to receive medical and distributed a 36-page brochure on behalf of treatment because it was against the beliefs of the Blomquists. their First Century Gospel Church. About 25 The case was prosecuted by Cynthia Sevely, members of the congregation were in the home. Deputy District Attorney of Santa Clara County, The police then obtained a court order for and was the second torture conviction involving medical treatment of the boy. A doctor at Albert a minor victim under the new law approved by Einstein Medical Center where the boy was California voters in 1990. Another deputy treated said they could not find a pulse in his leg prosecutor in the office, Michelle McKay-McCoy, when he arrived, but circulation returned when it got the first torture conviction under the 1990 was properly positioned in a splint. She also said law. McCoy's case involved parents who whipped he had fractures, cuts, and soft tissue damage. and scalded their three-year-old daughter and Gangrene would have set in without treatment, also had very rigid religious beliefs. she said. Sevely pointed out that the Blomquists not The Patons went through a similar contro­ only abused Steven, but warped the lives of their versy in 1991 when Glenn was vaccinated against other children "who thought their parents had measles by court order. Six Philadelphia children done nothing wrong." died of complications from measles that year "This isn't a case of prosecuting them for because of their parents' religious beliefs. One their religious beliefs," she said. "It's child abuse." was associated with First Century Gospel Church Taken in part from The San Jose Mercury and five with the Faith Tabernacle Church. News, 9, 16, and 27 Oct. 1992, 14 Jan. 1993, and Taken from The Philadelphia Inquirer, 21 and 17 June 1993. 22 May 1993. 6 U. S. Advisory Board holds and required states to add failure to provide medical care to their definitions of child neglect. hearing on religious exemptions CHILD promptly questioned how the depart­ ment could impose a medical care requirement On May 26, 1993, the U. S. Advisory Board while still allowing states to keep religious on Child Abuse and Neglect held a hearing on exemptions. religious exemptions in state statutes. In 1987 HHS ruled Ohio out of compliance The board was created by act of Congress in with federal requirements because of its religious · 1988. Last year Congress ordered the board to exemption. CHILD and others asked HHS to submit to the U. S. Department of Health and extend the stand taken against Ohio to other Human Services (HHS) and Congress a report on states. child maltreatment-related deaths with respect to In 1989 HHS began a comprehensive review a national policy, the roles of governments and of state religious exemptions to child abuse and the private sector, changes needed in federal laws neglect laws and has required about ten states to and programs to implement the policy, and make limited changes in these laws. changes needed to improve data collection on the deaths. HHS attorney explains policy The board's report will include discussion of Madeline Nesse testified that federal policy religiously-based medical neglect of children. can be explained in one sentence: "all children As mentioned in the CHILD newsletter 1993, are e,ntitled to adequate medical care regardless #1, the board first invited CHILD president Rita of the religious beliefs or practices of their Swan to present opposition to religious exemp­ parents or guardians." tions, but later rescinded its invitation at the She emphasized that "state law must apply insistence of the Christian Science church. with equal force to all children." Current HHS The board subsequently invited Ellen Mug­ policy prohibits states from having either an mon of Columbia, Maryland, to testify. Ellen sits explicit or implicit religious exemption from on the Governor of Maryland's Council on Child reporting, investigation, or provision of treatment Abuse and Neglect and has won several awards in medical neglect cases. for her child advocacy work. She is also a mem­ ber of CHILD, but did not testify as a spokes­ Exemptions from parental duties allowed person for CHILD or of the Governor's Council. Nesse also said, however, that HHS will con­ History of federal policy tinue to allow states to have religious exemptions from adjudicating parents as negligent. "Federal The first speaker was Madeline Nesse, an policy provides for medical care of the child," but attorney in the HHS Office of General Counsel. "provides nothing" as to the parent, she said. She explained current federal policy on religious HHS has "attempted to be as sensitive as exemptions. possible to the religious concerns of parents" by The federal government has the authority to allowing exemptions for them, even though it require changes in state statutes through the recognizes that removing the exemptions "might federal Child Abuse Prevention and Treatment serve to deter parents from withholding medical Act (CAPTA), which appropriates money for treatment," she said. state programs. HHS determines if the states' "On the other hand," Nesse concluded, "the child abuse and neglect laws meet eligibility Department's position does insist that the health requirements for the federal money. and welfare of children not be compromised or In 1974, HHS's predecessor, the Department jeopardized because of their parents' religious of Health, Education, and Welfare (HEW) began beliefs or practices. In our view the current requiring states to pass religious exemptions from policy strikes an appropriate balance between all child abuse and neglect charges. of these very important concerns." In 1983, HHS discontinued the requirement 7 her to authorities," she said. HHS does not allow states to have a religious exemption from an abuse charge (unless the abuse i~ confined to withholding of medical care), she pomted out. CAPTA makes no mention of religious exemptions, and HHS admitted in 1983 that they were not required by the intent of Congress she said. ' Purpose of CAPTA and UN convention contradicted Religious exemptions contradict the under­ lying purpose of CAPTA and also the Inter­ nat~onal Convention on the Rights of the Child, which the U. S. Advisory Board has urged the United States to ratify, she charged. "The existence of federally sanctioned religious exemptions undermine the philosophical foundation of all child protection laws and all child protection efforts. The repeal of religious exemptions is therefore a necessary condition for Ellen Mugmon the advancement of children's rights in America," she concluded. Ellen Mugmon called for the board to recommend that HHS require states to remove Freedom of parental choice recommended religious exemptions from parental duties of care. The last witness was Phil Davis, the federal She said that such exemptions inevitably create a representative of the Christian Science church. double standard on children. Much of his testimony explained a biblical basis No incentive to care for kids for his theology and recounted the life of Mary Baker Eddy, the founder of Christian Science. When the state tells certain parents in He argued that parents should have the right advance that they are not liable for the health "to make a responsible choice of health care for care_ of their children, those parents have no legal the child based on a system shown to be effective duty even to bring their children to the attention whether that choice is spiritual treatment o; of a physician. "A parent who has no legal conventional medical treatment." incentive to obtain necessary medical care when a reasonable person would do so has the right to CS should be legal health care for children withhold such care even if the state intervenes a "W.e agree to a single standard of care, just first, and then a second, and then a third time " . , not a smgle system of care," he said. she pomted out. The "real issue," he said, was whether medi­ "Parents, not the state, should be the first line cal treatment was "so absolutely safe and effective of protection for children. Religious exemptions that it should be the only treatment sanctioned in by law, however, transfer the primary duty to care our society" and whether church critics had exam­ for sick children from the parents to the state .. ined spiritual treatment objectively . . . At best [they] delay the provision of medical Christian Science has "a century-long record care for children, since someone other than the of effective care for children," he claimed. parents must discover the child, and at worst . "Yes, there have been some tragic deaths," he result in the child's death if no other person or said. "However, the medical community is not institution becomes aware of and reports him or 8 judged solely by its losses and we shouldn't be case of juvenile rheumatoid arthritis he had seen either." in all his years of practice and ordered immediate "These statutory provisions for spiritual surgery. When told that the surgery would allevi­ treatment didn't appear magically or come from ate some symptoms, but not cure the arthritis, the a vacuum or from high-pressure lobbying by our father chose Christian Science treatment. A few church officials, especially considering that there's days later the pediatrician reported the case to only one church representative per state. Rather Child Protection Services, which began proceed­ legislators and state officials accommodated us as ings to take the child into custody. But the they learned more about us and the practice of child's "symptoms diminished" because of ChriS­ our religion," he said. tian Science treatment. A second physician was He complained about the shift in HHS policy called in. "He saw obvious progress and felt the that occurred in 1983. HHS then "made it clear," best place for the child was at home under Chris­ he said, "that if states wanted to define medical tian Science treatment," Davis concluded. care as including a variety of services, the only During the question and answer period, one HHS would not approve would be spiritual board member Dr. Richard Krugman, a Colorado healing. We think the Department is mistaken in pediatrician, commented that the symptoms taking away the right of states to determine what described by Davis did not sound like those of services either by statute or regulation a state rheumatoid arthritis, but were more likely those may consider as remedial or beneficial to a child." of a self-limited arthritis from a viral infection that would have gone away whatever anyone did. Exemptions can't be used by extremists Chairman Howard Davidson asked whether Davis said the Christian Science church had CAPTA or HHS regulations would have to be carefully worked with legislators to make sure changed to get rid of religious exemptions. that the religious exemptions "would not be Child abuse law doesn't deal with parents abused or used by extremists." They cannot, for example, prevent "state intervention in a case of Madeline Nesse thought CAPTA did not give physical or sexual abuse," he pointed out. HHS authority to require removal of religious exemptions because CAPTA "doesn't speak to Only Christian Scientists pray? parents," but only "to children." ""And we know that some may refuse blood Ellen pointed out, however, that no other transfusions on religious grounds and occasionally group of parents is given an exemption to child [some] may refuse other medical services. These abuse and neglect. HHS requires states to have claims are almost always made on the grounds of laws that make other parents responsible for their a Biblical prohibition or for non-religious reasons. actions. "Now in contrast, the provisions that we're The board wanted to know why HHS under­ focusing on today accommodate the giving of took a national review of religious exemptions so spiritual treatment, not simply the refusal of many years after dropping their requirement and treatment. This preserves the state's right to be has found several state statutes inadequate at this assured that the parent is taking an active, late juncture. responsible role in the health care of the child." After HHS denied Ohio funds in 1987, Nesse said, Congressman Regula "came in and pounded Arthritis healing described the table and said if Ohio has problems, so do all Davis concluded his testimony with an the other states. And so, on the advice of its account of a child's healing in Illinois. He said a counsel, HHS undertook a national review, deter­ two-year-old girl's leg swelled until, by the end of mined to be as even-handed as possible." the week, she was unable to walk or move her "In all candor," Nesse said, "we simply leg. Her father was not a Christian Scientist and decided to take a closer look. . . . There was also insisted on getting a medical diagnosis. A a sensitivity because the Department after all had pediatrician diagnosed the condition as the worst originally required that these provisions be in 9 state statutes. And we didn't want simply to say, More children would die 'Well, we required it then, and now it's illegal.' . "We honestly feel," he continued, "as strange So we attempted to steer a delicate course be­ as it may sound to some of you, we feel that we tween trying to leave on the books the statutes would lose more children, that we'd have more that protected the parents, if that's what the disabilities, we'd have harsher problems with states wanted, but on the other hand, of trying to children. . . . Have we come to the point in our protect the children from the possible deleterious country where we really are, even if we don't effects of having those ·statutes on the books." want to make it in a statute, where we're kind of Krugman asked Ellen Mugmon if she knew saying that we want a medical policeman in every of any case in which statutes had changed home to decide how much you're using the medi­ religiously-motivated behavior. cal system and how well you're adapting to it?" Ellen told about Christian Science parents The board tried to pin Davis down. How do named the Newmarks in Wilmington, Delaware, the Christian Scientists manage in Canada with a who had taken their son Colby to a doctor in law requiring medical care?, they wanted to 1990 because of hearing about the trial of Chris­ know. tian Science parents Ginger and David Twitchell "Well, uh, well, what it does is that it inter­ in Boston for letting their son die of a bowel fer~s wi~h a w~y of life of parents bringing up obstruction. The Newmarks thought their son their ch~ldren m something that they feel gives might also have a bowel obstruction, and they did the family, the home, the children, moral, spiri­ not want to be prosecuted. tual value-a completely drug-free atmosphere, Medical care used in Canada and England tobacco-free, alcohol-free .... [It] interferes with the very way of life [and causes] a restrictive Ellen also pointed out that the Christian atmosphere within the home," Davis stammered. Scie~ce chu~ch acknowledges the state's right to Ellen pointed out that nobody was trying to reqmre medical care for children in England and outlaw prayer or force tobacco or alcohol on Canada and advises its parents to obtain it families. promptly. The board was fascinated with that informa­ Religious beliefs against debate tion. T~ey aske~ Davis what the probable impact Davis replied that the board had promised on Chnstian Science parents and the faith would him the hearing would not be a debate. "There's be if all religious exemption laws were repealed. a strong statement within our religion that we not Christian Science is thriving? publicly debate," he added. Board member Frank Barry asked if the Christian Science was founded in the United Christian Science rejection of medical care was States because of the strong religious freedom we based on the Bible or on a "scientific belief' that have here, Davis said. "And it has thrived here. Christian Science was more effective. It has not thrived in other countries the same way Davis said it was based on both. He said and specifically in Canada and England. This is Christian Science parents are intelligent, reason­ where it's always done best, and we feel this sets able people who "go through struggle, sometimes the examples for other countries." agony, deciding what's best for a child." If religious exemptions were eliminated "If that's so, if there's so much agonizing" Davis said that not only Christian Scientists, bu~ Barry pursued, "have you conducted or caused the whole society would lose "something very spe­ t~ be conducted, scientific studies about the efficacy cial. . . . Medical would become the monopoly, of this?" the only way to deal with the problem. And we feel again, that's quite dangerous. It's just a Church does not do scientific studies trend that we see within our society that we feel Davis said he would "welcome studies" on the is a loss of spiritual values taking place." effectiveness of Christian Science healing but added, "We tend not to do it because what y~u're 10 usually thinking of is clinical evaluations and to by a more explicit reporting requirement. measure and to look carefully at how this Ellen said that reporting and court orders individual is doing on healing, to measure the will generally protect the children of Jehovah's body ... tends to deter the very effect of praying Witnesses because they are seen by doctors. But in looking away from the body to God." the children of those who intend to avoid medical Board member Joyce Mohamoud said she care altogether will not likely be seen by manda­ considered it "shocking" that Davis would believe tory reporters. the medical and the spiritual were incompatible No advice or pressure in an era when many are bringing them closer together. Burnley commented that even though the Christian Science church says it gives parents Only 3 cases in 30 years freedom of choice, it describes spiritual treatment Krugman asked how often sick Christian as a better choice than medicine. How, there­ Science children are reported to child protection fore, she asked, can we "as advocates for insuring services and given medical treatment by court the medical treatment of children, not feel that order. the only solution is to require parents to seek a Davis had church attorney Walter Funk medical consultation, if you all present [medical answer. Funk said he knew of only two or three treatment] in your church as something that such cases in the last thirty years. "Actually, we diminishes the spiritual healing?" have a very good healing record. I think that's Davis insisted that Christian Science the reason why there have been so few cases," practitioners never give advice and that there are Funk said. no pressures on parents to avoid medicine. Krugman replied that "either the Christian The U. S. Advisory Board will present its Science healing record is very good or the report to Congress and HHS Secretary Shalala at nonreporting of these cases is also very good." the end of 1994. Freedom of choice for 5-year-olds New board chairman Deanne Durfee asked about the freedom of choice that Davis says the Christian Science church offers to its members. Pediatricians call for She wanted to know if a five-year-old can make action against exemptions a free choice. Ellen cited the U. S. Supreme Court's The American Academy of Pediatrics again landmark ruling in Prince v. Massachusetts (1944) showed its tenacity on children's rights with that parents do not have the right to martyr their written testimony to the U.S. Advisory Board on children on religious grounds. Child Abuse and Neglect. Davis said Christian Science parents are not Not only was the testimony eloquent, but the martyring their children, but choosing what they Academy's State Government Affairs Division feel is the most effective healing method. had to be quick and resilient to get the testimony Children do not get choice written and approved before the Advisory Board's hearing on religious exemptions. As for choice, Davis said that good parents Jim Pawelski, a legislative analyst in the make decisions all the time for children. "More division, drafted the testimony before the Aca­ than 50,000 children die every year that have demy had officially decided to submit a medical help. And how are we to know what statement. After the decision came down, Jim those children would choose as a second choice?" whisked his draft through the Academy's various Final questions and comments came from committees and boards in record time and faxed board member Jane Burnley. She asked if the final copy to the Academy's Washington office. problems with exemption statutes could be solved From there a staffer hand-delivered copies to the l 11 U. S. Advisory Board's hotel. By contrast, the U. S. Department of Health A few highlights follow. and Human Services now tells states they can have a religious exemption from adjudicating "The Academy believes that religious exemp­ parents as negligent, but not a religious tions are intrinsically unjust in that they violate exemption from adjudicating children as the fundamental ethical principle that 'likes' must neglected. Though the same danger to the child be treated alike-in this case, the likes are neglec­ is posed in both situations and though it is rather ted children. From the child's perspective, the fortuitous which phrasing a state has adopted, origin of parental failure to provide food, clo­ HHS says one is acceptable and the other is not. thing, shelter, or medical care is irrelevant. State intervention on behalf of the child is appropriate Abuse vs. medical neglect whether the failure to provide results from pover­ The discrimination becomes especially ty, ignorance, intentional neglect, mental illness, offensive in the distinction HHS draws between or religious belief-because the result of all these abuse on religious grounds and medical neglect is the same: the child's well-being, health and on religious grounds. HHS has advised many even life may be threatened ...." states that they cannot have a religious exemption Outright repeal necessary from an abuse charge unless the abuse is expli­ citly limited to medical neglect. Simultaneously, "It is the Academy's position that nothing HHS allows states to have a religious exemption short of an outright repeal of all religious from a neglect charge, if the exemption is limited exemptions from state laws will afford children to medical neglect. the legal protection they truly deserve against After nearly twenty years of wrestling with abuse and neglect. ..." federal policy on this issue, we still have special "Children are uniquely dependent on their privileges for Christian Science and an entourage parents for their well-being. This is true from of charismatic faith healers who use them also. both the developmental perspective and the legal Any dues-paying member of CHILD may perspective. . . . Since children are arguably the have a free copy of the testimony upon request. only citizens who cannot independently exercise their rights, our society has entrusted that privilege and duty to their parents. This intricate fabric of children's rights, parents' duties, and society's expectations, and the mutual trust AMA urges federal action between all three groups unravels when parents fail t.o provide for their children's needs." against religious exemptions At its June, 1993, convention the American Medical Association passed a resolution asking the Secretary of Health and Human Services CHILD submits testimony Donna Shalala "to exercise administrative authority to urge state officials to repeal existing CHILD submitted a 15-page statement to the child abuse and neglect religious exemption U. S. Advisory Board on Child Abuse and provisions in state statutes, thereby restoring Neglect. Its analysis of HHS religious exemption equal protection under the law for all children." policy was heavily indebted to the work of A reference committee reported to the Boston-area CHILD member Ken Casanova. membership that the problems with religious Echoing points made by the American exemptions "are well documented and very seri­ Academy of Pediatrics (see above statement), ous. The health and well-being of many innocent CHILD said that children have appropriate legal children are directly affected and are at risk as a protection only when their parents have a legal result of religious exemptions in child abuse and duty to care for them. neglect laws. Testimony indicated that this is an 12 increasing problem in today's society and cough, among Kauai children ranging in age from reported cases are likely only the tip of the 2 months to 16 years. The outbreak began in iceberg. With a new Administration and HHS Waldorf and Kapaa schools on Kauai and went Secretary in office, the AMA has an excellent and home to younger siblings. The disease was timely opportunity to aggressively advocate this brought to each school by a child with a religious important policy. While efforts to repeal such exemption from immunizations. statutes are ongoing in a number of states, In one case, parents reported that their child indications are that obtaining this change in coughed for five weeks. federal regulations will increase the likelihood of Immunization exemptions increasing successful state legislative action." The resolution was introduced by the Michi­ Kauai and the Big Island have a dispropor­ gan delegation. CHILD member Dr. Francis tionately large number of children with religious Horvath, a Lansing internist, played a leading exemptions from immunizations. At the small, role in planning and promoting the resolution. private Waldorf School on Kauai, 27 of the 70 On August 18, the AMA carried out the students had immunization exemptions. At resolution with an excellent letter to Shalala. Kapaa, a public school on Kauai, 53 of the 1,329 With reference to HHS policy of permitting students had either an immunization exemption certain religious exemptions, AMA Executive or no health records available. Vice-President James Todd wrote, "Over the past few years, requests for Permitting a state to prohibit a finding of child religious immunization exemptions on Kauai abuse or neglect where a parent fail s to provide [have] -increased, primarily among Mainland necessary medical care based upon religious families moving to the North Shore of Kauai," the beliefs has resulted in serious harm, and, in too Health Department's report said. many cases, death, to children with treatable It also warned that "outbreaks of measles and medical conditions. This provision continues to other more serious diseases" could occur because place many children at needless risk. The AMA of religious exemptions from immunizations. believes that this exemption should be removed from the current regulations in order to protect In 1992, Hawaii repealed religious exemp­ children whose parents' religious beliefs prevent tions from child abuse and neglect laws, but the them from receiving appropriate medical care. state still has religious exemptions from The AMA believes that the elimination of these immunizations. measures will result in the delivery of appropriate Taken in part from The Honolulu Advertiser, medical care and treatment to children at risk and 6 April 1993. will also provide equal protection under the law to our nation's most precious resource. Todd also pointed out that the AMA has formally opposed religious exemptions since 1986. Journal gives data on epidemics tied to religious exemptions

The Pediatric Infectious Disease .Joumal 12 Disease outbreaks in Hawaii (April 1993) has an article entitled "High attack traced to religious exemptions rates and case fatality during a measles outbreak in groups with religious exemption to vaccination," pp. 288-92. Children with religious exemptions from Authors Desiree Rodgers et al. discuss the immunizations have brought pertussis to schools 486 cases of measles and 6 measles-associated on the island of Kauai in Hawaii. In April, 1993, deaths occurring between November 4, 1990, and the Hawaii Department of Health reported 35 March 24, 1991, among children associated with cases of pertussis, commonly called whooping two Philadelphia churches with religious beliefs 13 against immunization. However, the hospital notified the provincial They also note that there were 452 measles Director of Child Welfare whose office then cases and 3 measles-associated deaths among apprehended and detained the hospitalized boy Philadelphia children who did not belong to those and petitioned the court to declare him a child in churches in the same time period. need of protection. The Director may have taken that action simply to clarify procedures and Attack rate 1000 times higher responsibilities. The overall crude attack rate in the church Physicians testified that Adrian is seriously ill population was 1000 times higher than in those with cancer. His chances even of getting the dis­ Philadelphia children without exemptions from ease into remission are no more than 40%. The immunizations. The ratio of fatalities to cases massive chemotherapy needed usually reduces the was almost four times greater in the church platelets in the blood. Internal bleeding into population. major organs can occur, and transfusions may be Although children with religious exemptions necessary. from immunizations are comparatively few in Child's faith important to him number, they often live in clusters, creating a pool of susceptible individuals who sustain Canadian law provides for state intervention transmission of epidemics. Outbreaks of vaccine­ when children lack medical care that "is preventable diseases among these groups have, considered essential by a qualified medical say the authors, "resulted in substantial morbidity" practitioner." Justice Robert Wells ruled that the and "continued community transmission." The chemotherapy was essential, but that transfusions authors state: were not essential to deal with the platelets problem, should it arise. The treating physician's In four pertussis outbreaks in Massachusetts in 1986 to 1988, as many as 93% of cases occurred in evidence, said Wells, did not indicate "that it is unvaccinated individuals claiming religious exemp­ essential to impose that treatment on an tion. In addition these families may refuse anti­ unwilling patient in a way that would damage his biotic prophylaxis, hampering outbreak control faith, which is one of the few things, and perhaps and augmenting the spread of infection. In the the most important thing, that he has left in life." Netherlands where the incidence of paralytic The pediatrician testified that the patient poliomyelitis has declined more than 100-fold since the introduction and widespread use of polio must be in a cooperative and positive frame of vaccine, outbreaks have continued to occur in mind about chemotherapy and other cancer communities that reject vaccination on religious treatments in order for there to be any real hope grounds. (citations omitted) of success. Justice Wells said Adrian would regard a forced transfusion to be "an invasion of his whole being, to the extent that it would impact severely on his strength and ability to Mature minor given right cope with the dreadful ordeal that he has to undergo, whatever the outcome." to refuse blood Wells refused to order the transfusion under the mature minor provision in the Canadian On July 19, the Newfoundland Supreme Charter of Rights and Freedoms. It allows courts Court gave a critically ill 15-year-old the right to discretion in determining that a child is a mature refuse blood transfusions. minor on an individual case basis, but they still Adrian Yeatts of Paradise, Newfoundland, must rule on the basis of the child's best interests. had told his pediatrician that he believes in the Ontario lawyer John Bums, whose firm often . Jehovah's Witness faith and on that basis would represents Jehovah's Witnesses, called the deci­ not accept blood transfusions. The pediatrician sion "important for all families, and particularly was willing to follow the boy's wishes in treating all mature minors, in recognizing that they are him. people with values which should be respected." 14 Abortions tied to refusal of transfusions A status symbol The Jehovah's Witness church argues that Then the village women celebrate the girls' courts should give minors the right to refuse rite of passage with song and dance. The woman transfusions, sometimes by analogy to abortion who performed the circumcisions is the most rights. Church attorney James McCabe says, "As powerful woman in the village. An uncircum­ the pro-abortionists make inroads for the rights cised girl is ostracized as a "monster;" no man in of mature minors to have abortions, our position the village would marry an uncircumcised woman. is strongly strengthened as well. If a 14-year-old The reporter asked mothers how they could has the constitutional right to choose if she's allow such infliction of pain on their daughters. going to have a baby or not, then she ought to be The mothers said that "pain is part of woman­ able to choose if she can submit to a medical hood" and "women are here to suffer." operation or blood transfusion." Pain and health risks Taken in part from In the Matter of Adrian Yeatts, #F/93/0311, Supreme Court of The circumcision operation is performed Newfoundland, and Mark Curriden, "Blood, the without anesthesia and with crude instruments. Bible and the Law," Barrister Magazine (Fall Doctors say the girls are probably in clinical 1990), 14-16, 41-:2. shock. Hemorrhaging and infections are com­ mon. Many girls die. But seeking medical atten­ tion violates the secrecy of tribal ritual and is forbidden. There is also psychological trauma from the African women fight tension between wanting the secret ritual in order female circumcision to belong to the group and having one's person­ hood assaulted as intimate body parts are violent­ Alice Walker's best-selling novel, Possessing ly cut out or mutilated. the Secret of Joy, has heightened awareness of Circumcised adult women are often subject to female circumcision rituals. Recently ABC's Day chronic infections. They have increased sterility, 1 presented a segment on it, which we synopsize more risk of dying in childbirth, more stillborn below. babies, and a greater risk of contracting AIDS. Female circumcision removes the clitoris and Agency indifference part or all of the labia and is sometimes combined with stitching up of the vagina. This The United Nations has a $56 million budget ritual of tribal identity is widely practiced in for women's health issues, but only one employee, Africa and some Middle Eastern and Southeast Dr. Mark Belsey, who works part-time on female Asian countries. Critics say the practice, which circumcision. Belsey says of it: "There's no sin­ reduces or prevents female sexual pleasure, is gle practice that has such a dramatic impact on used in Muslim countries to control women and health in the broadest sense." is falsely described as a religious demand made Belsey says the UN does not want more done by the Koran. It predates Islam. on this issue. No human rights or international Between 85 and 100 million women in the health_ organization nor the U. S. Agency for world today are circumcised. International Development nor UNICEF speaks ABC filmed a group of little Gambian girls to this issue. waiting to be circumcised. They scream in pain Grassroots effort by women as the operation is done behind a curtain. They are kept in a room for two weeks until their But in 25 African countries women have wounds heal. organized with almost no money and little inter­ national support to end the practice. They give workshops to circumcised girls before they reach puberty. They demystify the operation, explaining l 15 what has been done to their bodies and the Jahate told the court that a midwife health risks they face. They implore them not to approached her in a park and offered her services have their daughters circumcised. A Moslem reli­ for about $70. During the operation she held giou.s leader tells them that circumcision is not down her daughters, aged 1 and 2, while the mid­ demanded by the Koran. wife cut them with a knife. A week later, both toddlers were taken to a clinic, infected, bleeding, UN Convention gives rights to medical care and crying hysterically. The U. N. Convention on the Rights of the Jahate told the court that she did not know Child refers to circumcision in Article 24, Section the practice was banned and that she was acting 3, calling upon signatory nations to take "effective according to her religious beliefs. and appropriate measures" to "[abolish] tradition­ American law silent on circumcision al practices prejudicial to the health of children." The Convention also provides that children Great Britain banned female circumcision in have rights to medical care. 1985. According to the National Center for It supersedes national and state laws and has Prosecution of Child Abuse, American courts been ratified by 164 countries. The United States have not dealt with the practice nor does has not ratified it yet. President Bush objected to American law specifically forbid it. the Convention because it does not mention Taken in part from the Sarasota Herald­ rights of the unborn and because it o·utlaws Tribune, 11 January 1993. execution of juveniles.

Christian Science church Gambian jailed for reports on lobbying work circumcision of daughters Victor Westberg, manager of the Christian Condemning a widely practiced custom as a Science Committees on Publication, reported his crime, a court in Paris, France, has sent a department's activities to the membership in the Gambian woman to jail for mutilating the August issue of The Christian Science Journal, genitals of two baby daughters. pages 16-18. Each state and many foreign coun­ The court's ruling, on January 8, 1993, is tries have Committees on Publication (COPs), considered a landmark because never before has who handle lobbying and public relations for the an- African parent in France been sent to prison church. for female circumcision, even though health New religious exemption to Virginia felony workers and women's groups have warned immi­ grants for years that the practice is illegal. Westberg reports that the church got an ex­ France made female circumcision a crime in 1978 emption for spiritual healing added to the felony after a blood poisoning death caused by the child endangerment statute in Virginia this year. operation. He also says that the church got laws shield­ The sentence of the Gambian immigrant, ing members from compulsory immunization in Teneng Jahate, is intended as a warning to Montana, California, Virginia, and Kansas this hundreds of thousands of African immigrants in year. Those states already had religious exemp­ France. tions from immunizations, however, so the As the drive to end clitoral removal has significance of these new laws is unclear to us. grown, French doctors are reporting more cases CS healers can certify medical leave to the police. They often involve infants brought to clinics hemorrhaging or with severe infections The Family and Medical Leave Act passed by or anemia. Congress early in 1993 gives Christian Science 16 pract1t10ners the right to verify long-term Christian Scientists attempted to suppress the employee medical leave, Westberg reports. original book. It "disappeared almost immediate­ ly from circulation," said contemporary observer Church gets states to forfeit federal money Elizabeth Sergeant. "The Christian Scientists are Westberg applauded Alabama, Louisiana, said to have bought the copies. It is hard to find Maryland, and Oklahoma for resisting federal one nowadays, even in a big library, and the pressure to change their religious exemption laws. reader is likely to have to borrow the only copy In some cases it has cost the state hundreds of from the chief librarian's safe, and be watched by thousands of dollars in federal money to accede a detective while reading it." (See Willa Cather: to the wishes of the Christian Science church. a Memoir, p. 56.) Religious Freedom Restoration Act Church owns original manuscript Also, the church has joined a political Another biographer, Edwin Dakin, said that coalition of many groups lobbying Congress for the copyright for the Milmine book was pur­ passage of the Religious Freedom Restoration chased by a friend of the Christian Science move­ Act. This act responds to the case of Department ment, the plates from which the book was printed of Human Resources vs. Smith, 110 S. Ct. 1595 were destroyed, and the original manuscript also (1990) in which the U. S. Supreme Court ruled acquired. The University of Nebraska Press that the government did not have to demonstrate confirms this by pointing out that the Archives a compelling interest before enforcing laws that and Library of the First Church of Christ, indirectly curtail religious practices. If passed, Scientist, in Boston holds the original manuscript the act will require states to prove a compelling for the book. interest before interfering with religious practices. The book by Milmine and Cather has a CHILD believes that courts and other wealth of information from people who knew branches of government will always consider the Mary Baker Eddy personally. Of particular health of children a compelling state interest. interest to CHILD members are chilling accounts We have, therefore, not opposed the Religious (pages 324-27) of the deaths of two little boys by Freedom Restoration Act. their mother and a Christian Science healer, The church claims to have "an expanding new which were first published in The Christian vision of Committee on Publication activity" as "a Science Journal for March 1889, pages 637-9. joint effort" of church members, church officials, Animal magnetism causes boys' deaths "and even the media-for under the control of one Mind, 'all things work together for good."' When The two women in Pierre, South Dakota, tell capitalized, Mind is a synonym for God in Chris­ of losing first Philip, age four, and then his tian Science theology. brother Edward, age eleven months, after healing them many times with Christian Science methods. They believed that the children were victims of malicious animal magnetism from the Methodist Church, to which the mother previously belonged. Biography of Eddy reprinted She even fled to Des Moines with the baby to escape the Methodists' animal magnetism. The The University of Nebraska Press has baby got better there, but worsened again when recently issued an early biography of the founder they returned to Pierre. of Christian Science entitled The Life of Mary Baker G. Eddy and the History of Christian Mother determined to prove CS right Science. It was first published in 1909 with For ten days the baby had spasms and con­ Georgine Milmine listed as the author, but vulsions, which the mother always identified as University of Nebraska Press assigns primary "another temptation" that she needed to "[take authorship of this book to Willa Cather. up] animal magnetism" on. She did not tell her 17 husband, in New York on business, that his son church's comments appear on page 17 of The was seriously ill or even that he had died until Christian Science Journal for August, 1993. nine hours after the fact. During those nine hours she said Christian Science "treatments" over the body, not permitting herself to shed a tear or to "entertain the thought of death." Church settles estate claim "We buried the little boy ourselves, quietly, without any minister present, being accompanied The Christian Science church has reached an by a number who believe in Christian Science agreement to share a bequest of approximately because it has healed them," the mother writes. $100 million.Eloise Knapp and Bella Mabury left "Our trials have been severe, but we work to the money to the church on condition that it pub­ stand fast. We are determined to demonstrate lish a book written by Bliss Knapp. The church the nothingness of this seeming power," she says. first refused to publish the book because it claims Healer asks church why they failed that church founder Mary Baker·Eddy is one of the "two great lights" created by God on the The Christian Science practitioner sounds less fourth day of creation (see Genesis, chapter one), composed than the mother. She cannot under­ the woman in the twelfth chapter of Revelation stand why the two of them did not get Christian through whom "the second appearing of Christ in Science right and petitions her church for the flesh has come," and the "ruler over the gates answers. by which we enter the Holy City." "Why this termination?" she says of baby Edward's death. "I wish we could have some Biography or theology? light on the subject." Under the terms of the wills, if the church "We recognized no disease, and as first did not publish the book as "authorized literature" symptoms would appear-beliefs of paralysis, and make it available in the 2,500 Christian spasms, fever, etc.-we would realise the allness of Science reading rooms by 1993, the estate would God, and they would disappear. It was a clear be divided between Stanford University and the case of ignorant and malicious magnetism. Why Los Angeles County Museum of Art. was it not mastered?" The Christian Science Publishing Society This account, say Cather and Milmine, make published Knapp's book, Destiny of The Mother "us wonder whether there is anything else in the Church, in 1991. Although the book has little to world that can be quite so cruel as the service of do with the facts of Eddy's life and is largely an ideal." doctrinal in nature, the church advertised it as a In the August, 1993, issue of The Christian biography with "differing interpretations" in it. Science Journal, the church labels the Milmine/ Stanford and the museum challenged the church's Cather biography a "malicious" attempt to "discre­ claim for the bequest on grounds that the church dit" Eddy, which they have had to do "major did not endorse the book as correct theology nor corrective" work on. The church claims that, make it available in all reading rooms. Many after much correspondence with [their] office, the branch churches refused to place the book in University of Nebraska Press "issued a statement their reading rooms because of its heretical accurately characterizing its bias." CHILD cannot content. find such a statement in the introduction or In 1992 the church republished the book and afterword; rather, the publishers promote the labelled it as "authorized literature." But the value of the book. church also published a statement in The Chris­ The church says further, "The book has tian Science Journal drawing a distinction between received almost no attention in the public, "authorized literature" and "Christian Science proving if Truth isn't spoken, nothing is said." literature." Only the latter should be used for The book is available in paperback from the "teaching or self-instruction in Christian Science," University of Nebraska Press at $14.95. The the church said. 18

Under an agreement filed October 12th in protected speech. The Times goes on to say that Los Angeles County Superior Court, the church the dismissal of this teacher would lead to would receive 53% of the bequest, while the chastisement of other unpopular views such as university and the museum would each receive homosexuality and anarchism. 23.5%. The accord requires court approval, and The New York City Board of Education a hearing is scheduled for December 14. should ignore such legalistic double-speak and fire Mr. Melzer posthaste. The avowed purpose Church members challenge settlement of NAMBLA is the organized abuse of young There are two challenges to the proposed set­ children. It is an evil and corrupting influence tlement. A relative of Knapp and Mabury claims that as such, has abrogated any claim to rights that splitting the bequest three ways violates the under the law. wills. Also a group of Christian Scientists led by School officials should protect our children in U. S. District Judge Thomas Griesa of New loco parentis. When a teacher is found to be a York has petitioned the court not to give the NAMBLA member, his position should be imme­ money to the church on grounds that publication diately and irrevocably terminated. of Knapp's book violates church law. Mr. Melzer is tenured, and his lawyers argue Other groups of Christian Scientists have that he cannot be dismissed or permanently reas­ asked the Massachusetts Attorney-General and signed unless formal charges are brought to a U. S. Attorney for investigation of the church's disciplinary panel. Such a panel must be con­ "misdirection and mismanagement of enormous vened quickly. It must decide that there is no sums of money." place for this promoter of child molestation in The Christian Science church lost between our educational system. Then it will be up to the $300 and $500 million during the past decade in rest of us to let NAMBLA know they have no broadcasting ventures. place in our society as well. Taken in part from The New York Times, 14 Sokol, a pediatrician in Floral Park, New York, Oct. 1993, and The Boston Globe, 9 June 1992 setves on CHILD's board of directors and writes a and 12 May 1993. regular column for the newsletter.

Child safety should take precedence over teacher's rights Supreme Court allows by Scott Sokol, M.D. ritual animal sacrifice

It seems the venerable New York Times has On June 11 the U. S. Supreme Court placed the civil rights of an adult above those of overturned a Florida municipal ordinance against our children. In an editorial on the Op-Ed page ritual sacrifice of animals. The Court ruled of October 8, The Times seems ambivalent in the unanimously that the prohibition violated the case of a teacher who is under investigation by First Amendment because it was aimed at a the board of education. The teacher involved, particular church. Peter Melzer, is a leader of the North American In 1987 the city council of Hialeah adopted Man-Boy Love Association (NAMBLA). ordinances prohibiting religious animal sacrifice. This organization of perverted adult men The council defined "sacrifice" as "to unnecessar­ advocates the seduction of young boys and ily kill, torment, torture or mutilate an animal in disseminates this view through its newsletter. The a public or private ritual or ceremony not for the Times claims that, although Melzer's return to the primary purpose of food consumption." classroom is troubling, the denial of his "civil The ordinances prohibited the worship prac­ rights" is more of a threat because it represents a tices of Santeria, which blend the Yoruba religion form of government punishment of legally brought to Cuba by African slaves with the 19 Roman Catholicism they found there. the First Amendment of the U. S,. Constitution The Santeria faith teaches that everyone must also required religious exemptions from child fulfill his destiny with the aid of the orishnas. abuse, neglect, and endangerment charges. Santerians· must nurture a personal relation with The First Amendment is likely the most the orishnas, and animal sacrifice is one of the significant statement ever enacted by any principal forms of devotion to them. government. It protects freedom of religion, According to Santeria teaching, the orishnas provides for separation of church and state, and are powerful, but not immortal. They depend for prohibits governments from establishing special survival on sacrifices. A sacrified animal is killed privileges for religions. by cutting the carotid arteries in the neck. It is It means, as the Santeria ruling shows above, then cooked and eaten, except after healing and that people have a right to practice their religion death rituals. if their actions would be legal without a religious Some 50,000 to 70,000 ex-Cubans practice motivation. The state cannot punish actions be­ Santeria in south Florida. Santeria is also cause they are done with a religious motivation. practiced in New York, Chicago, and other cities Surely it also means that the state cannot with large Caribbean Hispanic populations. enhance the penalty for an action because it is The Supreme Court noted that animal done with a religious motivation. In the previous sacrifice has ancient religious roots and that issue of our newsletter, we discussed Missouri's killings of animals which "are no more necessary child endangerment law, RS Mo. 568.050(2), or humane in almost all other circumstances are which designates second-degree endangerment as unpunished." "a class A misdemeanor unless the offense is The city defended its ban on sacrifices as a committed as part of a ritual or ceremony, in public health measure, but the Court said it which case the crime is a class D felony." "could have imposed a general regulation on the We believe Missouri's law to be an uncon­ disposal of organic garbage" if that was its real stitutional response to public fears about concern. The Court called the design of the Satanism. ordinances "a religious gerrymander" that the city We also believe religious exemptions from wanted to impose on the Santerians, but not upon duties of care owed to children are unconstitu­ itself. tional because they deprive one class of children The United States Supreme Court has consis­ of their Fourteenth Amendment right to equal tently upheld the right of governments to restrict protection of the law and because they entangle religious practices when the laws are neutral and church and state. are tailo_red to meet a compelling state interest, Such religious exemptions are state sponsor­ such as the health of children. ship and state endorsement of faith healing. In Taken from City of Hialeah vs. Church of our view, the only health care that .the state Lukumi Babalu Aye, 112 S.Ct 1472. should endorse as appropriate for sick children is state-licensed, secular health care. The separation of church and state required by the First Amendment places many limitations on the state relative to religious healing. It On keeping church and state means, for example, that the state cannot license separate faith healers or require training for them. by Rita Swan But since the state cannot credential faith healers, it also should not be endorsing their "I voted against your bill because of the methods as a legal substitute for the medical care separation of church and state," state Senator needed by a sick child. James Kersten told me. This earnest young Republican from Fort Dodge, Iowa, thought that the separation of church and state required by 20 First award in civil suit Several ministers have been convicted in the United States for advocating fatal beatings of children. Also, grand juries have indicted In August a jury in Minneapolis awarded Christian Science practitioners and Faith Assem- · $14.2 million to Douglass Lundman and his daughter for the death of 11-year-old Ian bly's Rev. Hobart Freeman for encouraging Lundman to untreated diabetes. Damages were parents to withhold lifesaving medical care from assessed against the boy's mother and stepfather, children. But the charges against the practition­ a Christian Science practitioner, Christian Science ers were dropped before they went to trial, and nurse, Christian Science nursing home, the Freeman died before the trial date. Christian Science Committee on Publication for Minnesota, and the First Church of Christ, Scientist, in Boston. Only the church was held liable for punitive damages. Elections The case is the first civil suit against the Christian Science church for wrongful death to Rita and Doug Swan of Sioux City, Iowa, and get to a jury. Mike Botts of Kansas City, Missouri, were elected The next issue of the CHILD newsletter will to three~year terms on CHILD's board of direc­ have a lengthy account of the trial. tors. Thanks for participating in the election.

Holiday gifts Historic criminal trial begins in Mississippi With the holidays approaching, please consider giving friends gift subscriptions to the CHILD newsletter, which are $25 a year. Also, On October 18th, a clergyperson who advoca­ donations to CHILD may be made in honor of ted withholding lifesaving medical care from a friends. We will send a card notifying them of minor goes on trial in Monroe County, Mississip­ your gift. pi. It is the first such criminal trial in United States history. The child's parents also go on trial. Rebecca Lynn Davis died May 16, 1991, at her home in Athens, Mississippi without medical About CIDLD, Inc. care. The thirteen-year-old girl had diabetes. She died of suffocation due to breathing in vomit, CHILD, Inc. is a tax-exempt organization which in turn was caused by overfilling of the dedicated to the legal rights of children. CHILD stomach. focuses especially on injuries of children due to The entire congregation to which the Davises ideology or culture. belonged had been on a fast for three weeks CHILD opposes religious exemptions from before her death as a ritual for restoring the parental duties of care. CHILD affirms that all minister's health. Apparently, Rebecca lost so children have a constitutional right to equal rriuch weight during the fast that her parents, protection of the laws regardless of their parents' David and Ann Davis, finally decided to give her belief systems. inordinate amounts of food. CHILD provides information to the public The Davises belonged to an independent about religiously-based abuse and neglect. Baptist church. Its pastor Richard Vaden CHILD also provides a support group for victims believed in relying exclusively on prayer, fasting, of ritual healing belief systems. and anointing for healing disease.