Showing posts with label Christian Scientist. Show all posts
Showing posts with label Christian Scientist. Show all posts

28 Nov 2010

Christian Science theology opposes both medical treatment and diagnosis and demands denial of symptoms



The Washington Post - March 23, 2010

Christian Science and irresponsible parenting

By Liz Heywood | Opinion - On Faith


In his March 5 guest column [see below] for On Faith, Gary Jones calls the Secular Coalition's White House presentation on faith-based medical neglect an "unjust and unfair attempt to convert the atypical to the norm" -- because my testimony was grounded in my near-death Christian Science experience 30 years ago. It may be convenient for Jones to dismiss my experience as ancient history, but it's impossible for me to forget-especially when I put on my prosthetic leg in the morning.

Contrary to Jones' description of my case as atypical, my parents were "class-taught" church members just outside Boston. Some of my relatives worked at the church headquarters; one was a Christian Science practitioner, certified by the church to pray professionally. My childhood bone disease-diagnosed years later as osteomyelitis-may have been uncommon, but Christian Science doctrine was followed to the letter. As a result, I was bedridden for almost a year, my leg dripping pus; my deformed knee ultimately fused solid at an eighty-degree angle.

I walked with a "simian gait," as one doctor noted, on my rigid knee for thirty years until it was amputated in 2007. My orthopedic specialists said they usually saw fused limbs like mine only in elderly patients who'd had osteomyelitis before the discovery of antibiotics, or in third world countries.

Christian Science theology opposes both medical treatment and diagnosis and demands denial of symptoms. Jones claims that Christian Scientists "do not believe that suffering or death is ever God's will." Indeed, they believe suffering and death aren't real at all. In Science and Health with Key to the Scriptures, the Christian Science textbook, Mary Baker Eddy defines FLESH as, "An error of physical belief; . . . an illusion; a belief that matter has sensation." Is a child's pain an illusion? Is a parent negligent when he denies the reality of his child's pain? Jones claims that Christian Science parents "will turn to other means for healing, including medical." But how much pain should a child suffer before the parents recognize that "their prayers are not availing?"

When I was a child, we prayed truly and deeply, all of my family, through every minute of my agony. Indeed, prayer was the only treatment I (and my parents) knew. Doctors were unfamiliar and we were afraid of them. The Christian Science "nurses" who helped care for me were trained by the church to wash my leg with only soap and water; nothing stronger than petroleum jelly was applied to my open sores. They also served to distance my practitioner from my physical state; he never once saw the infection that ate at my flesh. Is this the "skilled nonmedical nursing care" Jones mentions?

My practitioner became and remains a Christian Science teacher who teaches people to become Christian Science practitioners. In at least one talk, he used my case as an example of a child healed by Christian Science while successfully shielded from outside intervention. I called him four years ago to ask whether he really believed I'd been healed as a child. He said, "Well you didn't die-what would you call it?" Does this make me part of the "remarkable" record of Christian Science healing Jones refers to?


In 2003, seven-year-old Eben Tryon died of untreated diabetes in Norwood, Mass. Maybe Jones thinks that child's death is old history too. But it would be hard to argue that his parents were atypical Christian Scientists or didn't know the rules of the religion. His mother was a Christian Science "nurse" and his father was employed at church headquarters.

Does Christian Science neglect children's health? The church seeks religious exemptions from all child health laws-every preventive and diagnostic measure, the civil child abuse and neglect laws, and criminal laws requiring parents to provide medical care for sick children. In the 1990's the church got a religious defense to first-degree murder enacted in Delaware, to capital murder in Arkansas, and to homicide by abuse or neglect in Oregon. No conscientious adult-whether religious or non-theist-could call this responsible parenting.

Liz Heywood is an above-knee amputee and former member of the First Church of Christ, Scientist.

This article was found at:

http://newsweek.washingtonpost.com/onfaith/guestvoices/2010/03/christian_science_and_irresponsible_parenting.html

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The Washington Post - March 5, 2010

Practicing spiritual care responsibly

By Gary Jones | Opinion - On Faith


In his February 28 "On Faith" blog post ("Our Secular Coalition visit to the White House") Herb Silverman says he wants "to dispel some grossly unfair but predictable media comments" and to respond to "those who continually accuse the Secular Coalition for America of hate-filled, religion bashing." He exhorts them to take the time to examine the evidence.

Silverman should heed his own words. For, as he reports, in a public policy discussion at the highest levels of the Obama administration, his Secular Coalition has aligned Christian Science with the neglect of children's health. Examine the evidence. Nothing could be further from the truth.

Christian Science is a religion of love and goodwill toward all. "To injure no man, but to bless all mankind" is the motto of the well-respected Christian Science Monitor newspaper. Christian Scientists worldwide deeply love their children. Neglect of their children's health is abhorrent to them.

They seek to demonstrate wisdom as a result of their prayers for their children. Their church does not compel them to turn from medicine. Individual choice rules. If their prayers are not availing, they will turn to other means for healing, including medical. They do not believe that suffering or death is ever God's will.

Neither do they seek to place themselves above the law. Just like their neighbors, they want to fulfill the sacred duty of parenthood and protect their children from harm.

Congress and state legislatures have constitutional authority to reasonably accommodate religious beliefs and practices, and over the years a variety of statutory provisions have done this at the state and federal levels. Some provisions relate to the many Americans who use prayer and skilled nonmedical nursing care for their family's health. These provisions do not exempt, or immunize, parents from either parental responsibility or legal liability for the health of their children. They're not designed to give religious parents "legal loopholes." Every state in the union gives child protection authorities the right to initiate legal proceedings against parents - even in advance - to protect children from serious harm to their health. And this is as it should be.

Christian Science has a remarkable published record of healing over the past 140 years. The Secular Coalition's reliance before White House officials on a highly unfortunate case of suffering and harm to a child in a Christian Science family more than 30 years ago is an unjust and unfair attempt to convert the atypical to the norm.

Silverman concludes his article, "Of course, nothing will stop rants from those who would rather denigrate and stereotype than examine evidence." I agree.

Gary Jones is manager of the Federal Office, Christian Science Committee on Publication at The First Church of Christ, Scientist.

This article was found at:

http://newsweek.washingtonpost.com/onfaith/guestvoices/2010/03/practicing_spiritual_care_responsibly.html


RELATED ARTICLES:






Healing or homicide? The use of prayer to treat sick children


Expert: Change in prayer law would protect Christian Scientists, not kids


Should Parents Who Call God Instead of the Doctor Be Punished?


16 Jan 2009

Expert: Change in prayer law would protect Christian Scientists, not kids

The Capital Times - Wisconsin

January 14, 2009

by Shawn Doherty


In an effort to separate itself from the tragic death of young Madeline Kara Neumann of Wisconsin whose parents chose to pray over her rather than seek medical help, the local Christian Science Church has been meeting with state legislators to revise a state law that currently exempts faith healing practices from prosecution for child neglect and abuse.

The church said its goal is to protect children. "We want to protect children and to show that our church does not want to hang onto a legislative accommodation that is perceived as helping people abuse their children," said Joe Farkas, the legislative affairs representative for the church.

But one expert warned that any measure drafted by Christian Scientists would aim to protect only Christian Scientists, not children.

"If the Christian Science Church is allowed to write this legislation and dominate the discussion, the result is that there will be more Kara Neumann cases," said Shawn Francis Peters, a lecturer in religious studies at the University of Wisconsin-Madison and UW-Oshkosh and the author of "When Prayer Fails: Faith Healing, Children, and the Law."

The chief of staff for Sen. Lena Taylor, chair of the judiciary committee, confirmed Taylor's office has been working with Farkas on a bill that would revise the current statute. A draft of the measure was sent to the legislative research bureau, Eric Peterson said, and should reach the floor this spring.


"We're working on legislation that would clarify the statute to protect the civil right to prayer and healing and protect children," Peterson said.

Peterson said that the bill would eliminate the existing exemption for faith healing and create a legal mechanism known as an "affirmative defense" that would require anyone attempting to use spiritual or faith healing as a legal defense to follow a "standard of medical care" that Peterson claimed had been established by the courts. The bill itself would provide no guidelines for what this standard of medical care would mean.

"This is a recipe for utter confusion," Peters said of the proposal, claiming that no such standard of care has been clearly established in Wisconsin courts yet. He said he suspected the Christian Science Church is using the bill to head off any legal and political fallout as the Neumann case winds its way through the courts this year.


"This is what they do. They lobby and they lobby really hard," he said. "The church tries to get ahead of the curve and shape the law before the courts can establish judicial precedent."

The Christian Science Church, which practices spiritual healing, pushed successfully for faith healing exemptions decades ago to abuse and neglect laws across the country, including Wisconsin's.

But Farkas now argues that he and other members never intended the laws to be used to defend the sort of inaction that allegedly led to the death of 11-year-old Madeline Kara Neumann in Weston last Easter. Neumann's parents allegedly prayed for weeks rather than seeking medical care as their little girl became more and more ill and eventually died from treatable diabetes.

Dale and Leilani Neumann are currently awaiting trial in Marathon County for second-degree manslaughter. Leilani's case is scheduled to come to trial in May, and her husband will be tried in August.

The Neumanns did not belong to an organized church or faith, but spoke of believing in the Bible and in healing that comes from God. They were known in town for running bible study groups from the coffee shop they owned. While their daughter was dying, they sought help from an online ministry. Even after their daughter died, according to news reports, they believed she would be resurrected.

Farkas said that the church was stung by news coverage of both Kara's death and the murky law her parents reportedly intend to use for their defense. He has been meeting for months with staff for Sen. Taylor and other legislators.


"We hope this will put parents on notice that their behavior will be judged," Farkas said. "The law as it currently stands presents a confusing picture as to what is -- and is not -- permissible in this state. It is time to fix that."

Farkas added that the national headquarters backs his efforts. In fact, two representatives were in town Tuesday and advised Farkas as he fielded calls from the media.


Farkas insisted the church has a genuine interest in protecting children. "Every child has the right to health and safety whether or not a child's parent's rely on conventional medicine or on prayer for healing," Farkas said.

But Peters said the revision wouldn't fix anything and only would make the law more confusing than it is now. "It's just going to be even harder to prosecute," he said.

He said he is "flabbergasted" that the discussion to date surrounding the drafting of the measure had not involved any other groups, and he blamed legislators for not inviting them and apathetic child advocates and public officials for ignoring the issue.

"There is a vacuum here," he said. "I haven't seen any child welfare or advocacy group stepping in there. I am shocked and disappointed that there hasn't been a more inclusive discussion. If the Christian Scientists dominate this discussion, the result will be legislation that serves the Christian Scientists, not children. And history will repeat itself. I'm not sure that's what the public wants."

This article was found at:

http://www.madison.com/tct/news/stories/432411

17 Dec 2008

Oregon child abuse laws and Christian Science

Statesman Journal - Oregon
December 17, 2008

Opinion | by Rita Swan

We disagree with Craig Luedeman (letters, Dec. 9) who claims Oregon law allows Christian Science parents to withhold medical care from children because of his church's good healing results.

Many Christian Science children have died of untreated diabetes, measles complications, diphtheria, meningitis and other infectious diseases. Christian Science has no scientific evidence that it can heal serious diseases of children.
Since the legislative reforms in 1999, several Oregon laws have required all parents to obtain medical care when a reasonable parent would recognize that the child was at risk of serious harm. The standard is not whether a parent whose religion claims disease is an illusion thinks his child needs medical care, but whether a jury thinks so.
Prior to 1999, the Christian Science church had gotten shocking religious exemptions to homicide, manslaughter, criminal mistreatment and criminal nonsupport into Oregon law. The church fought the 1999 legislative reforms tooth and nail and still has religious exemptions to homicide and first-degree manslaughter in state law.
— Rita Swan, president of Children's Healthcare is a Legal Duty, Bronson, Iowa
This article was found at:
http://www.statesmanjournal.com/article/20081217/OPINION
/812170358/1050

21 Nov 2008

Child deaths test faith-healing exemption


Chicago Tribune - November 21, 2008

by William McCall | Associated Press writer



When Dr. Seth Asser saw row after row of flat headstones marking children's graves in a small cemetery not far from the end of the historic Oregon Trail, he knew many of these early deaths should not have happened.

The children's parents relied on faith healing, instead of doctors.

The pediatrician published a landmark study concluding many of the deaths could have been prevented if the children had received medical care.

"What struck me was the fact that it was obvious from the expressions on the headstones that the children were loved," Asser said. "So it was especially troublesome they were not afforded the care that most parents would give their children."

His study 10 years ago brought attention to the issue, and yet today three criminal cases -- two in Oregon and one in Wisconsin -- have revived concerns about exemptions that most states grant to parents who rely on faith healing instead of doctors to treat sick children.

Faith healing has deep roots in American history, and yet it may seem surprising that in the 21st century, children still die because parents choose not to seek medical help from physicians.

State laws across the nation exempt members of religious groups from prosecution if they choose faith healing over science. Asser and a colleague, Rita Swan, have been trying to get states to repeal such laws, arguing that safety should always come first, no matter what the parents believe.

"We can't legislate good parenting, but at least we shouldn't have laws allowing bad parenting," said Swan, who now heads the advocacy group Children's Healthcare.

But Swan and Asser have been lonely voices, partly because tragedies are rare and partly because legislators are loath to challenge parental rights, especially when they are intertwined with the constitutional right to freedom of religion.

"There hasn't been a groundswell of organized advocacy to get the laws changed," said Shawn Francis Peters, a University of Wisconsin professor and author of a book on faith healing. "I do think there's broad public sentiment to do it, but that doesn't get things through the meat grinder of legislation."

According to the U.S. Department of Health and Human Services, at least 30 states have specific exemption laws on the books.

What does federal law say? According to HHS, nothing in the amendments to the original 1974 Child Abuse Prevention and Treatment Act, can "be construed as establishing a federal requirement that a parent or legal guardian provide any medical service or treatment that is against the religious beliefs of the parent or legal guardian."

Five states have repealed exemption laws, Swan said: Hawaii, Maryland, Massachusetts, Nebraska and North Carolina.

Some states have revised their laws, including Oregon in 1999. After a stormy debate in the Oregon Legislature, then-Gov. John Kitzhaber -- a doctor -- signed a compromise bill into law that eliminated the Oregon spiritual healing exemption in some manslaughter and criminal mistreatment cases.

Many of the exemption laws were enacted in the 1970s, promoted by two top advisers to former President Nixon -- Bob Haldeman and John Erlichman -- and an influential senator, Charles Percy of Illinois, who practiced Christian Science.

The religion, founded by Mary Baker Eddy just after the Civil War, embraces a form of faith healing its adherents say is unique and different from the way it is practiced by some fundamentalists.

The Church of Christ, Scientist, emphasizes that it does not prevent any members from seeking medical care, and it is quick to distance itself from other religious groups that demand prayer be the only method for healing.

"One of the mistakes people make is lumping all these groups together," said Stephen Lyons, a Boston attorney who has defended Christian Scientists.

Church leaders also deny their lobbying efforts with state lawmakers across the country have kept the laws on the books, even though Peters and a fellow author on faith healing, Boston College historian Alan Rogers, say the effort is intense and largely successful.

"It's remarkable," Rogers said. "Without exception, it has been the push of the Christian Science church."

Two pending criminal cases expected to test Oregon's revised law are against parents belonging to the Followers of Christ Church, the same religious sect that owns the cemetery visited by Asser in 2001.

Jeffrey Dean Beagley, 50, and his 46-year-old wife, Marci Rae Beagley, have pleaded not guilty to charges of criminally negligent homicide for failing to provide adequate medical care, in violation of their duties as parents.

Their 16-year-old son, Neil, died in June from complications of a urinary-tract blockage that triggered heart failure. Doctors said a simple procedure could have saved his life.

In the other Oregon case, Carl Brent Worthington and his wife, Raylene, have pleaded not guilty to charges of manslaughter and criminal mistreatment in the death of their 15-month-old daughter, Ava, who died at home from bacterial pneumonia and a blood infection, conditions the state medical examiner said were treatable.

The Beagleys and the Worthingtons have refused to talk to reporters, and their attorneys have declined to comment, along with prosecutors.

In a third case, in Wisconsin, Leilani and Dale Neumann face reckless homicide charges in the death of their 11-year-old daughter due to complications from diabetes.

Leilani Neumann has said the family believes in the Bible and that healing comes from God, but she said they do not belong to an organized religion or faith and have nothing against doctors.

The Followers of Christ figured prominently in a state legislative battle over the Oregon exemption that began in 1998 with the discovery of the children's graves, and the death of an 11-year-old member of the sect from complications caused by diabetes.

The political battle ended with revision of the law, but not its repeal.

"I was there" -- for repeal, said Oregon Senate President Peter Courtney. And, he notes, so were churches, child health care advocates, law enforcement and plenty of parents.

What stopped the Legislature from an outright repeal of the law was an effort to protect religious freedom and parental rights and at the same time protect children.

"We tried and tried and tried to figure out a way to speak to, to be sensitive to, and balance all those influences," Courtney said. "Did we do it? I don't know."

"These are extremely sensitive cases nationally," said Josh Marquis, an Oregon district attorney who has been part of the debate over how to balance those conflicting rights. "It's where faith meets the law."

In a 1998 study published in the medical journal Pediatrics, Asser and Swan, herself a former Christian Scientist, documented 172 faith-related child deaths in the United States between 1975 and 1995. They found that 140 of the children died from conditions for which survival rates with medical care exceeded 90 percent.

Asser notes that no government agencies systematically collect data, and reliance on faith healing is not a category listed on a death certificate.

Before federal medical privacy laws were tightened, he was able to talk to medical examiners about cases, but that has become more difficult.

Asser has tracked a handful of cases that have gotten media attention in the past decade, including deaths in Philadelphia, Massachusetts and California. But he still learns about many of the deaths only through concerned friends or family members who contact him or Swan.

And death is not the only troubling outcome when children avoid doctors because of their parents' religious beliefs.

Beth Young, a professor at the University of Central Florida, says her hip dysplasia, which could have been easily corrected when she was an infant, went unnoticed and untreated by her Christian Scientist parents. Young finally went to a doctor in her 20s to find out why it was such a struggle to walk and climb stairs.

She learned her hip joints were deteriorating -- but that it was too late for a surgical fix.

"It's not going to get any better," Young said in an interview. "I think about that every day. If my parents knew how simple the treatment was, I don't think they would have ignored it. So I do feel cheated."

She added: "I can remember times when I would pray and pray and pray, and I would think that maybe I'm healed now, and then I would go check, and I'd go walk in front of a mirror or something, and then I would discover, no I'm not."

Lyons, the Boston lawyer, has drawn national attention for defending parents in faith healing cases.

He successfuly represented David and Ginger Twitchell, Christian Science parents in Boston who were acquitted of manslaughter charges in the 1986 death of their 2-year-old son from a congenital defect that caused the bowel to twist and become obstructed.

The landmark case caused enough concern to persuade Massachusetts lawmakers to abolish the religious exemption, said Jetta Bernier, executive director of Massachusetts Citizens for Children.

But even when such exemptions are abolished or revised, prosecutions can be difficult so long as parents show they are sincere in their religious beliefs, legal experts say.

"The status quo is very difficult to upset," said Jesse Choper, the Earl Warren Professor of Public Law at the University of California, Berkeley.


This article was found at:

http://www.chicagotribune.com/news/chi-ap-faithhealingamplaw,0,
3467888.story

13 Aug 2008

Healing or homicide? The use of prayer to treat sick children

The Capital Times - Wisconsin

August 13, 2008

by Shawn Doherty


Last Easter Sunday, an 11-year-old Wisconsin girl died of untreated diabetes after her parents chose to pray for her recovery rather than seek medical help. Madeline Kara Neumann's parents, Dale and Leilani Neumann, are scheduled to be arraigned in Marathon County next week on charges of second-degree reckless homicide.

The Wisconsin case is only the latest in a grim procession of hundreds of such cases stretching back to the late 1800s in England, when a sect called the Peculiar People ended up on trial for allowing generations of children to die as a result of their decision to spurn doctors and medicine.

Few realize just how common the use of faith healing still is in our state and elsewhere, and how many children's lives are at stake. Except for the by-now predictable flurries of media attention every time another child dies due to what experts call religion-based medical neglect, there has been surprisingly scant attention paid to the accumulative toll of these deaths. That is one reason UW history instructor and author Shawn Francis Peters decided a couple of years ago to research the controversial topic.

"When Prayer Fails: Faith Healing, Children, and the Law" is the first book to look unflinchingly at the tragic cases of children who have died because their parents place absolute faith in the power of prayer rather than in the efficacy of modern medicine. The book, published this spring by Oxford University Press, came out just weeks before Kara -- as she was called -- died in Weston, propelling Peters into the national spotlight.

In his book, Peters uses trial transcripts, judicial opinions, news accounts, and police and medical reports to explore the views of all the players involved in these cases and the complex challenge of reconciling conflicting values. How does society balance the rights of parents to practice religious freedom and raise their children as they see fit with the rights of children to be protected from neglect, abuse and even death?

The answer: imperfectly. Wisconsin statutes for child neglect and abuse, like laws in most other states, often provide a shield for parents like the Neumanns because of an exemption for faith-healing practices. The result, Peters says, is that children like Kara keep dying. Here are excerpts from a recent conversation.

CT: What made you decide to write this book?

Peters: I'm interested in what happens when really devout individuals run up against the state's power. What are the limits of state power and religious behavior? What happens when religious behavior goes beyond what is acceptable? Where's that line?

Most people believe in the power of prayer. But most people also believe that medicine can and should complement prayer. And most people do not believe that young children should be allowed to die because their parents refuse to seek medical treatment. Yet, there has been a pattern over and over again of children dying from these kinds of cases. It shows the persistence of healing practices, and the difficulties society and laws have trying to regulate them. We're so attached to the principle of religious liberty, we're reluctant to apply manslaughter and abuse laws.

CT: What did you hope to accomplish with this book?

Peters: Recently, this scholarly guy elbowed me at this academic gathering and told me my book was more like journalism than anything else. I saw it as a kind of compliment as opposed to this being 400 pages of theoretical jargon. When I'm writing, I want the people I'm writing about to be able to pick up the book and read it. I want this book to start a sort of conversation about this topic. As it turned out, sadly, this book was timely. I didn't know when I wrote it, of course, that Kara would die, but I suspected that sooner or later, something like this was going to happen in Wisconsin.

CT: You did? Why?

Peters: Because it's a pattern that happens again and again and again.

CT: Does Wisconsin tend to have more of these types of religious groups than other parts of the country?

Peters: Wisconsin is pretty average. Often times, individuals who live in these communities isolate themselves to protect their beliefs and practices from public scrutiny. Many of these people tend to live in rural areas with few neighbors and home-school their children, like Kara. ... And so the possibility of a teacher or someone else reporting a problem is diminished. Often, their children die from untreated illnesses and are simply buried in some church graveyards. So the cases we know about are just the tip of the iceberg. Many members do not report the true cause and numbers of these deaths. The only way we find out about them is if word leaks out, or a relative calls the authorities, which is what happened in the Neumann case.

CT: The Neumanns were involved with an online church called Unleavened Bread Ministries and opened a coffee store in Weston where they ran a sort of ministry. How does this fit in with other cases you've researched?

Peters: It's really a sort of interesting spiritual entrepreneurism. What's out there is not good enough, so these groups start something better. People in these cases don't tend to belong to big, mainstream churches. Often, they're just small groups praying around the kitchen table. They do need some sort of structure, though, and the Web can serve as a kind of glue to bind people together spiritually, while still letting them be physically isolated and distant from the corruption of modern society. The development of new media affects religion profoundly; look at televangelism. TV came along, and religions spread through the TV. The Web can work both ways: Prayer can spread through Web sites, but by the same token, people can avail themselves of scientific information. In fact, Dale looked up Kara's symptoms on the Web.

CT: But his response while she was dying was to pray. Are these people just crazy or stupid?

Peters: No! It's easy to ridicule these people, but we do so at our own peril. Belief in the healing power of prayer is hundreds of years old. One of the reasons Christianity caught fire is that it offered a system of healing, and there was a sort of religious market for that. What sets these more extreme groups apart is the actual renunciation of medicine. Two-hundred years ago, prayer was actually a pretty good alternative to being bled or given huge doses of mercury. As medical science improved in the mid- and late 19th century, and especially with antibiotics, medical science progressed.

CT: Do the deaths of their children persuade these parents that they were wrong about prayer?

Peters: When I started working on my book, I thought there would be lots of people who would lose their kids, and then they would have a revelation. But actually, that's the exception rather than the rule. There have been parents who have had multiple children die. You would think that would be a transformative experience and shake their faith, but for lots of people, the opposite happens. It only reinforces their beliefs. What they will articulate is that God's plan for Kara was to pass away, they were powerless, and why would they have any regret about God's plan? Many of these people believe their children have left the corrupting Earth for a better place.

CT: What do you believe will happen now to the Neumanns in the courts?

Peters: There's a good possibility of a deal being reached. It will be a huge drain on the local DA's time and resources. If it does go to trial, it will probably be appealed to the Supreme Court. The fact that Wisconsin has an exemption in one part of the criminal code but (another part) is not protecting that same conduct raises an issue of due process of law. This has come up repeatedly in other states when there are religious exemptions for faith healing. I do think if it comes to trial, the Neumanns will be convicted by a jury of their peers. Folks are incredulous about the facts of this case and about what the parents failed to do. It's not like the child needed any heroic stuff to get better; she just needed some basic treatment. There's a sense of outrage at what they did.

CT: Do you feel that sense of outrage?

Peters: Yes. Well, not outrage, sadness. This has been a really depressing book to write. I still am horrified by the facts in these cases. I still get sick to my stomach when I read about them. Having kids myself, I would do whatever it takes to stop their suffering when they are sick! But then I step back from that and try to think about how these parents get to this point. We can say it's misguided and ridiculous, but within their world view, they are doing everything they can to help their children. They did what they did because they love their children. To an outsider, of course, it's not love; it's abuse. That's what makes this so tragic. I've looked at hundreds of these cases, and parents never meant to harm their children. It's not even that they were neglectful. They believed that what they were doing was in the best interest of their children. They are Christian, and they interpret what the Scriptures say literally. There's all sorts of stuff in the Bible about miraculous healings. The Epistle of James prescribes prayer and anointment with oil as treatment for illness, rather than the work of physicians.

CT: Wasn't there a big case a few years ago in Wisconsin where a child died during an exorcism?

Peters: In the Cottrell case in Milwaukee, a child died in a religious ritual meant to heal rather than harm. Authorities were restrained by the state law that protects religious healing practices. The case demonstrated the need for reform, but our politicians didn't take any action.

CT: Why not?

Peters: I don't know why the child welfare advocates aren't addressing this, or why there is not more public outrage. Maybe there's not enough momentum; it's like Jonestown in slow motion. There's scattered cases in Wisconsin, but not a big flurry like in other states. I had really hoped that just from embarrassment, the legislators might lurch into action like some other states. But I guess our local politicians are more focused on important issues, like whether or not to keep the state plaid tartan.

CT: Would getting rid of the exemptions to child abuse and neglect laws in Wisconsin be a deterrent?

Peters: Not necessarily. Parents will lose multiple children even after being prosecuted. That's what makes this so hard as a public policy issue. What do you do when people believe there is a higher law? Many of them believe they are being persecuted for following the law of God, and that is a sign that they are right. They believe that the modern world is filled with Satanic evil. They wear their ideology as a badge of honor.

CT: So is it hopeless? Is there a solution?

Peters: I don't know. Right now, there's no dialogue about the relationship between faith and medicine between devoutly religious individuals, law enforcement and authority, and regular people who believe in secular laws. America's view of how to resolve these problems is to pass a law and enforce it, but courtrooms are terrible places to resolve these kinds of intractable problems. It is possible for religious beliefs to evolve and change -- for individuals who are faith healers to adopt a different view of the world -- but it will not happen in a really adversarial context. You can't just say to these people, 'You're an idiot. You killed your own child.' I mean, they can say and will say that people die in hospitals every day. We have imperfect medicine and we have imperfect faith, so why persecute the faith healers and not the doctors?

CT: Is that reasonable?

Peters: The answer to that argument is it's like me saying I'm as good a hitter as someone like Babe Ruth because we both have imperfect batting averages. The fact is that medicine still has a much better batting average than faith healing. There is no doubt that Kara Neumann would have lived if she had just been given some insulin.


SUFFER THE CHILDREN


Not much about these tragic cases has changed over the past century: A child becomes ill, devout parents refuse modern medical intervention and instead pray for healing, and the child dies. More often than not, the grieving parents then escape legal punishment because of the loopholes for spiritual healing that still snarl most states' child neglect and abuse laws, including Wisconsin's. Here is a timeline of prominent cases. For every case listed, dozens more children have suffered deaths that follow a similar pattern.

1901: The clash of religion, law and child welfare begins in America when two children of J. Luther Pierson die after the New York railroad clerk treats their illnesses with prayer. A benchmark ruling finds Pierson guilty of withholding medical care and creates the legal doctrine that parents, whatever their religious beliefs, have a legal duty to provide adequate medical treatment to their children.

1944: In Prince v. Massachusetts, a case involving the Jehovah's Witnesses, the U.S. Supreme Court rules that the First Amendment's guarantee of religious liberty does not give parents blanket authority: "Parents may be free to become martyrs themselves. But it does not follow that they are free, in identical circumstances, to make martyrs of their children ..."

1967: A Massachusetts court convicts Dorothy Sheriden of involuntary manslaughter after she treats her daughter Lisa's pneumonia with prayer. Sheriden's Christian Scientist Church lobbies successfully to change guidelines for federally funded child protection programs to require states to add religious exemptions to statutes concerning child abuse and neglect. Over the next decades, confusion reigns as more than 40 states -- including Wisconsin -- add religious exemptions to laws while other states repeal them.

1980: Natali Joy Mudd, 4, dies in Indiana from a malignant tumor near her eye. Investigators discover smears of blood along the walls of her home where the little girl, blinded by a tumor as big as a second head, leaned and groped her way around. Outrage over this case and nearly three dozen other preventable deaths among children of Faith Assembly church lead to successful criminal prosecutions of parents and ministers, and reform of Indiana's confusing spiritual healing law.

1982: Jessica Lybarger, 5 weeks old, dies of pneumonia in Colorado after her father insists that "God is the best help." John Lybarger is charged with criminal child abuse. The third effort to convict Lybarger ends in a mistrial, hung up on Colorado's spiritual healing exemption. The loophole is later repealed.

1986: Robyn Twitchell, 2, dies in Massachusetts from a bowel obstruction. Neighbors report hearing screams of pain for days, but the boy's Christian Scientist father, David Twitchell, tells a jury his son's suffering was an illusion. "Pain has no right to exist because God did not authorize it," he says during his trial for manslaughter. The state Supreme Court overturns Twitchell's guilty verdict in part because of the state's spiritual healing exemption, which legislators later repeal.

1987: Wisconsin's child abuse laws are amended to include a spiritual healing exemption.

1988: Ashley King, 12, dies in Phoenix of untreated bone cancer. A detective finds the girl in bed with a tumor the size of a watermelon on her leg. The state hospitalizes Ashley against the wishes of her Christian Scientist parents. The stench of her decaying flesh fills the ward, and she dies.

1991: Measles kills five young members of the Faith Tabernacle church in Philadelphia after parents reject conventional treatment and vaccinations. In an effort to contain a bigger outbreak, health authorities force church members to submit to hundreds of at-home visits. The city's district attorney obtains court orders mandating medical treatment for several sick children and vaccinations for others.

1995: Shannon Nixon, 16, dies in Pennsylvania of diabetes, an illness treatable with insulin. "The devil is fighting me hard," the young Faith Tabernacle member says before vomiting, losing consciousness, and falling into a coma. Shannon's parents were on probation for involuntary manslaughter after her brother, Clayton, died of an untreated ear infection. This time, the Nixons are sent to prison for 2 and a half years.

1997: Dean Michael Heilman, 22 months old, cuts his foot in his Philadelphia area backyard. His parents, members of Faith Tabernacle, anoint the child with oil and pray. After vomiting, bleeding, and crying for 19 hours, Michael stops breathing in his mother's arms. The toddler lost nearly half his blood and was a hemophiliac. The Heilmans are each sentenced to 17 years of probation for involuntary manslaughter and child endangerment, fined $2,000, and ordered to attend parenting classes and provide medical care to their two remaining children.

1998: A study of religion-based medical neglect in the journal Pediatrics documents 172 child fatalities over 20 years among 23 religious denominations in 34 states. Faith Assembly in the Midwest leads, with 64 deaths. The Christian Science Church is second, with 28. The study calls the cases the "tip of the iceberg," since many are never reported. The vast majority of these deaths were avoidable.

1998: Bo Philips, 11, dies in Oregon state from diabetes. A detective finds members of the Followers of Christ praying over the dead child, who is underweight and clad in an adult diaper. A local newspaper investigates his case and the deaths of more than 60 other children buried in the Follower's Cemetery since 1955. More than half died before age 1, at least a third died from treatable illnesses, and none of the deaths resulted in charges being filed against parents. Authorities cite exemptions for spiritual healing as one reason why. Oregon reforms the statutes.

2001: Amanda Bates, 13, dies in Colorado from complications of diabetes, including gangrene in her buttocks and genitals. Other parents in their Church of the First Born had been prosecuted for medical neglect, but Amanda's parents nevertheless treat their daughter with only prayer and are convicted of child abuse.

2003: Terrance "Junior" Cotrell, 4, suffocates in Milwaukee's Faith Assembly church during an exorcism. Minister Ray Hemphill attempts to "release the demons" and lays on top of the boy while Junior's mother prevents the boy from moving. When Hemphill gets off Junior two hours later, the minister is drenched with sweat, and the child is dead. Milwaukee County District Attorney E. Michael McCann charges Hemphill with felony child abuse, fearing the more serious charge of murder won't stick because of spiritual healing protections in Wisconsin state law.

2004: Hemphill is sentenced to 30 months in prison and 7 and a half years of probation. He is also temporarily barred from performing exorcisms. Advocates hope the case spurs Wisconsin legislators to reform the spiritual healing exemption to the state's child abuse statute, following the lead of politicians in Massachusetts, Indiana, Colorado, and Oregon. No Wisconsin legislator takes action.

2008: On March 2, Ava Worthington, 15 months old, dies of pneumonia and a blood infection in Oregon state. The baby's parents, who belong to the Followers of Christ Church, chose treatment with prayer and not antibiotics. Carl and Raylene Worthington await trial for manslaughter and criminal mistreatment.

2008: On March 23, Madeline Kara Neumann, 11, dies of diabetes in her home in Weston, Wis. Parents Dale and Leilani Neumann e-mail a Web site called Unleavened Bread Ministries a desperate request for emergency prayers. When Kara stops breathing, her parents believe she will be resurrected. She is not. The Neumanns are scheduled to be arraigned on Aug. 19 on charges of second-degree reckless homicide. Unleavened Bread Ministries is raising money for their defense. Leilani says on the site that the Heavenly Father will champion their case. Local experts say what might save them instead is the faith healing exemption in Wisconsin's child neglect and abuse statutes.

-- Shawn Doherty

Information was compiled from "When Prayer Fails" by Shawn Francis Peters, newspaper clips and the Web.

This article was found at:


http://www.madison.com/
tct/news/300387

27 Jun 2008

Parents who call minister instead of doctor believe they do right


Biblical Recorder News - June 26, 2008

by Kevin Eckstrom | Religion News Service



Madison, WI - Carl and Raylene Worthington are facing charges of manslaughter and criminal neglect in Oregon for the death of their 14-month-old infant daughter, Ava, from pneumonia and a blood infection.

On June 17, the girl's uncle, 16-year-old Neil Jeffrey Beagley, died from a urinary infection that caused his kidneys to shut down. Both deaths, officials said, could have been prevented with standard medical care.

The family belongs to the isolated Followers of Christ Church, which shuns medical treatment in favor of prayer and annointing. Shawn Francis Peters, who teaches at the University of Wisconsin-Madison, has studied the Followers and is the author of "When Prayer Fails: Faith Healing, Children and the Law."

Q: What do we know about groups like the Followers of Christ? How common are they?

A: It's actually difficult to ascertain how many churches adhere to these beliefs and how many children have died. These groups tend to isolate themselves. What we know is really only the tip of the iceberg.

Q: Are they withdrawn because of some sense of shame? Are they hiding something?

A: I wouldn't say it's shame, but they think they are misunderstood. If you talk to them, they'll say that the government wants to outlaw their religion. They'd rather not have it publicized, because the publicity they get tends to be bad.

Q: How would they be different from, say, Christian Scientists or Jehovah's Witnesses?

A: I'd exclude the Jehovah's Witnesses because they don't believe in one specific thing: blood transfusions. I wouldn't categorize them as faith healers.

Christian Scientists don't self-identify as faith-healers because they don't believe in the reality of illness. But in terms of objections to secular medicine, they also do not see secular conventional medical treatment as being an effective treatment of illness. If you got them in a room with the Followers ... they'd both tell you that people die in hospitals every day.

Q: Would you call them a cult?

A: I would not. Cult has become such a pejorative term. They are a very closed community that's not open to doctrinal growth or public disclosure. They're a church whose beliefs are not radically different from most Christian churches - except for this one belief about prayer and illness.

Q: Here's a hypothetical. A member of the church is stricken with either a mild heart attack or early signs of a stroke. A trip to the hospital could save their life. Do they go or do they pray?

A: They pray. They will say this is a crisis but we know that the Lord is powerful enough to bring people out of these kind of physical crises. They'd say the minister will come to our house, not the paramedics.

Q: What about more minor ailments, say a headache or the flu? No trips to CVS?

A: Nope. Nothing. Remember, most Americans believe in the healing power of prayer, they just don't believe it to this extreme.

Q: Can you explain the theology behind choosing prayer over medicine?

A: James 5:14 says, "Is any among you sick? Let him call for the elders of the church ... and the prayer of faith will save the sick man." There's no mention of doctors in there. That's the lodestar, the touchstone for these groups. They interpret that very narrowly and very literally.

Q: Does the thought ever enter their minds that the answer to their prayers - healing - may be right there in the medicine cabinet?

A: It really doesn't. It's really not part of their worldview. People who are brought up in the faith have grown up viewing (medicine) negatively. They're kind of conditioned ideologically not to look at secular medicine as a viable alternative to prayer.

Q: Does a lack of healing signal a lack of faith, or does more healing signal stronger faith?

A: The parents will say a child's death shows that I wasn't faithful enough, or shows a lack of spiritual strength. Or they'll say it was just God's will, and medical treatment could not have changed what was God's will.

Q: Do you detect any sense of regret among the parents of children who have died, a sense of 'Maybe we should have gone to the doctor ...'?

A: That's one of the things that's really tragic. The parents are doing what they think is right; they honestly think prayer is going to work. There's never any intent to harm the child; in fact, they're trying to help their children.

Q: A decade ago, Oregon enacted laws to hold parents criminally responsible for the faith-healing death of a child. Do those laws work?

A: Prosecution isn't as much of a deterrent as you might think. The parents believe they're being persecuted for their beliefs; prosecutors don't like going after devout well-meaning parents; and the community doesn't have a sense that justice is being served. No one is coming out of these cases feeling good about what happened.

Q: So, if a post-mortem prosecution doesn't work, and many of these kids might be at risk but nobody knows they're in danger, is there a workable solution?

A: Yes and no. I don't think litigation is necessarily the solution. But if there was a discussion between law enforcement and these churches, if there was a dialogue about the relationship between medicine and faith, maybe we'd see more an evolution in people's beliefs. The courtroom is a horrible place to have a dialogue.

This article was found at:

http://www.biblicalrecorder.org/content/news/2008/06_26_2008/ne26062008xparents.shtml

14 Jun 2008

A Child's Death And a Crisis for Faith

The Wall Street Journal

June 12, 2008

by Suzanne Sataline


The recent death from untreated diabetes of an 11-year-old Wisconsin girl has invigorated opposition to obscure laws in many states that let parents rely on prayer, rather than medicine, to heal sick children.

Dale and Leilani Neumann of Weston, Wis., are facing charges of second-degree reckless homicide after their child, Madeline Kara Neumann, died on Easter after slipping into a coma. The death, likely preventable with insulin, has renewed calls for Wisconsin and dozens of other states to strike laws that protect parents who choose prayer alone in lieu of medical treatment.




Owen Smith

The case also has frustrated the Church of Christ, Scientist, the main promoter of prayer as therapy, which says a few tragic cases have unfairly tarred a practice that can restore health. The Neumanns, a Christian couple who run a prayer group out of their coffee shop, are not Christian Scientists. The National Center for Health Statistics, a federal agency, estimated in 2004 that more than 2% of the population uses prayer rituals.

"No one should be presumed to be guilty or innocent ... because they've chosen spiritual care," says Phil Davis, a Christian Science church spokesman.

Lawyers nationwide say they are eager to see if the Neumann case sparks more changes in state laws. It raises a "national discourse as to whether children can be medically neglected legally," says Marci Hamilton, a professor at the Benjamin N. Cardozo School of Law in New York who writes about children's rights. In another recent case, a 15-month-old child in Oregon died in March from a form of pneumonia and a blood infection after her parents opted to try to heal her with prayer. Oregon law provides no defense for parents charged with causing the death of a child through neglect or maltreatment, and the couple has been charged with second-degree manslaughter and criminal mistreatment.

There's been a small, steady pushback against state provisions protecting spiritual healing. A Massachusetts bill that would have protected parents who used prayer in lieu of medical treatment stalled in committee last year, despite the measure's broad sponsorship by 33 lawmakers.

In Maryland, lawmakers in 2005 repealed part of a law that had protected parents from losing custody if they withheld medical treatment because of religious belief. And in Maine that year, legislators amended several laws regarding religious treatment, and repealed part of its family law that stated that children couldn't automatically be considered abused solely because they were treated "by spiritual means by an accredited practitioner." Evert Fowle, the district attorney in Augusta, Maine, said the amendments would now allow him to bring charges against guardians should a child be harmed after being treated with prayer alone.

The Wisconsin case against the Neumanns also highlights an obscure area of child-protection law that will force judges to weigh seemingly conflicting laws: If a state permits people to employ prayers for healing, can it then hold a parent criminally liable if those prayers fail?

The recent deaths of children have spotlighted the little-known lobbying work of the Church of Christ, Scientist, a denomination with anywhere from 60,000 to a half-million members, according to various estimates. The group believes that health can be restored through a stronger connection with God -- in effect, willing the body to be healthy. The church is the largest that supports relying on prayer for healing, though other small sects do, as well. Of course, many religious denominations advocate prayer in conjunction with medical treatment.

The Christian Science church doesn't provide guidance on whether members may seek medical care, says Mr. Davis, the church spokesman. He says the church does not bar members from getting medical care, nor does it advise members when they should do so.

Church founder Mary Baker Eddy believed it was "fear that creates the image of disease and its consequent manifestation in the body." Spiritual practitioners, who are trained by the church to heal through prayer, get patients to think differently about their relationship with God, says Mr. Davis, who also is a spiritual practitioner. "It's an affirmation [of truth]," Mr. Davis says. "It's that understanding that restores harmony."

The church's Christian Science Journal prints monthly testimonies that prayer has wiped away prostate cancer, a breast lump, leukemia and other illnesses. Brian Talcott, a practitioner in Berkeley, Calif., says he has seen cases of glaucoma and cataracts disappear.

But a 2006 study in the American Heart Journal concluded that prayers for patients recovering from bypass surgery had no effect. The study was led by researchers at Massachusetts General Hospital.

Every state forbids child abuse and requires parents to provide health care. But in the 1970s and 1980s, many states added provisions offering legal protections to parents who used prayer treatment. Many of these statutes were passed after Congress in 1974 began offering money to bolster child-protection agencies. But there were strings. Federal health and welfare officials, pressed by Christian Scientists, made the funding contingent upon the requesting state legislating legal safeguards for those opting to treat with prayer.

In all, 45 states offer some legal accommodations in child-protection laws for parents who use spiritual healing, according to the Christian Science church. The laws vary widely, with some states protecting parents or guardians from felony abuse or murder prosecutions, while others exempt prayer practice only in misdemeanor cases, according to Children's Healthcare Is a Legal Duty Inc., a nonprofit group based in Sioux City, Iowa, that opposes such laws.

Wisconsin has three statutes providing religious healing exceptions: one in the child-abuse laws, one in the laws concerning crimes against children, and one that bars the state from forcing medical care on someone who chooses Christian Science prayer. The state's child-abuse laws were amended in 1987 to say: "A person is not guilty of an offense ... solely because he or she provides a child with treatment by spiritual means through prayer alone for healing." The wording was requested by the local Christian Science government-relations office, according to the Wisconsin Legislative Council, a state agency.

A 1998 study in the journal Pediatrics, by Rita Swan, president of Children's Healthcare Is a Legal Duty, and Seth Asser, a Rhode Island pediatrician, reported that 172 children died with no medical care because of religious reasons in the two decades after states began exempting faith healing. Of those, 140 children had a greater than 90% chance of survival if they had been treated medically, the researchers found. "Some of the religious defenses to felonies are a chilling betrayal of children," says Ms. Swan, a former Christian Scientist who lost a child to spinal meningitis in 1977 after initially relying on church practitioners before finally seeking medical help.

Although many states allow medical personnel to seek court orders to provide emergency care if a sick child is denied treatment, parents who rely on religious healing often don't inform doctors and hospitals of their children's condition.

Since 1982, states have filed criminal charges in the deaths of 65 children whose parents practiced faith healing, according to Ms. Swan's count. The prosecutions have had mixed results.

In California, the state Supreme Court in 1988 upheld the conviction of a mother found guilty of involuntary manslaughter and felony child endangerment after she used a Christian Science healer to care for her 4-year-old daughter. The child died of meningitis. The justices found that the religious-healing clause in the state child-neglect statute was not a defense in a felony death case.

But three years later, Minnesota's Supreme Court reached the opposite conclusion. The court dismissed second-degree-manslaughter charges against Christian Scientists William and Kathleen McKown. Her son, Ian Lundman, died at age 11 of diabetic ketoacidosis, or severe, untreated diabetes. The justices ruled that the government couldn't allow someone to "depend upon" Christian Science healing methods "then attempt to prosecute them for exercising that right."

The court will have to wrestle with a similar legal dilemma in Wisconsin. The judge will have to decide if the Neumanns believed they were acting lawfully in choosing to treat their child with prayer. The district attorney's office declined to comment and the lawyer for the Neumanns didn't return phone calls. The judge has imposed a gag order in the case.

Christian Science church members nationwide have lobbied lawmakers not just to allow spiritual healing, but to exempt members from mandatory health insurance and to allow insurance carriers to reimburse spiritual healers. And believers in spiritual healing have chalked up some recent wins. Iowa last year allowed parents for religious reasons to opt out of mandatory childhood screenings for lead poisoning.

Massachusetts, the only state that requires residents to have health insurance, allows residents to opt out of buying medical insurance for religious reasons.

Church lobbyists are now asking that the state allow insurance plans to reimburse prayer practitioners, who can charge $20 to $50 for a day's worth of prayer, says Wanda Jane Warmack, the church's legislative manager.

This article was found at:

http://online.wsj.com/article/
SB121322824482066211.html

22 May 2008

Faith-based prosecution is first for state, national group says

Wausau Daily Herald - May 22, 2008

Parents face charges in daughter's death for not seeking care

by Robert Imrie | Associated Press


WAUSAU — The parents charged with reckless homicide for praying while their 11-year-old daughter died of diabetes are the first people in Wisconsin accused of such a crime, according to a national group that monitors faith-based abuse and neglect of children.

At least 309 children have died in the United States in the past 25 years after medical care was withheld on religious grounds, said Rita Swan, executive director of CHILD Inc.

The deaths include Madeline Kara Neumann of Weston, a straight-A student who weighed only 65 pounds when she died from undiagnosed diabetes. Her parents, Dale and Leilani Neumann, told investigators she had not been to a doctor since she was 3.

The Neumanns are charged with second-degree reckless homicide in their daughter's Easter Sunday death at the family's rural home.

Prosecutors say the Neumanns were criminally reckless when they prayed instead of taking their daughter to a doctor when she became progressively ill from undiagnosed diabetes.

Leilani Neumann has said the family believes in the Bible, which says healing comes from God, and she never expected her daughter to die.

The parents' attorneys have asked for the charges to be dismissed, saying the criminal complaint doesn't spell out how the parents' actions caused the girl to die.

They prayed, gave their daughter food, tried to give her fluids and provided CPR, none of which would have killed the child, according to the motion to dismiss.

A hearing has been set for June 10 on the issue.

It's rare for parents to be prosecuted for children's deaths because medical care was withheld on religious grounds, Swan said.

Her group — called Children's Health Care Is a Legal Duty and based in Sioux City, Iowa — has documented 65 cases in 20 states in which criminal charges were filed. Of those, 49 cases have resulted in convictions, and four are pending, Swan said.

But, it's hard to prosecute people who withhold medical care on religious grounds, Swan said. "Most of these parents are good upstanding citizens. They have never been charged with crimes before. They are heartbroken."

She believes prosecutors have a good case in Kara Neumann's death, given there is evidence the girl deteriorated to the point she couldn't walk or talk and her grandmother called her parents from California and told them to get medical care.

"The parents have a high degree of awareness of the seriousness of the illness," Swan said. "The state has an interest in protecting the life of a child until she is 18. Then, she can make her own decision on what religion she wants to follow."

Swan's group helped sponsor a 1995 study that determined that 90 percent of the children who died in 172 cases of faith-based healing would have lived with some timely medical care, she said.

Swan is a former Christian Scientist whose son died of meningitis in Michigan in 1977 as he was getting spiritual treatments instead of medical care.

"Christian Scientists have no track record to show that they can heal a child with bacterial meningitis," Swan said. "Antibiotics heal meningitis."

Swan and her husband were not prosecuted. They co-founded CHILD Inc. in 1983, she said.

She has since left the Christian Science Church but remembers the allures of faith healing.

"My parents had raised six children without a drop of medical care, and I grew up with the notion it was a perfectly safe way to live," she said.

This article was found at:

http://www.wausaudailyherald.com/apps/
pbcs.dll/article?AID=2008805220491

1 Apr 2008

Of Prayer and Penicillin

Oregon Public Broadcasting

Think Out Loud

How do you navigate the intersection of culture, faith, medicine, and law?

Wednesday, Apr. 2

Listen and participate at:

http://www.opb.org/thinkoutloud/


Faith healing is back in the news.

In 1999, after several children in Oregon City's Followers of Christ Church died from conditions that could have been treated medically, the state legislature removed a religious defense from criminal negligence statutes. In particular, the new law meant that religious beliefs -- including the belief that prayer, not medical intervention, is the appropriate way to heal sick children -- was no longer a viable legal defense. (The legislative minutes from the bill's public hearing makes for interesting reading.)

Nine years later, prosecutors have pursued criminal charges under this 1999 law for the first time. The case involves Carl Brent Worthington and Raylene Marie Worthington, whose 15-month-old daugther Ava died last month from bacterial pneumonia and a blood infection. A state medical examiner found that both conditions could have been treated with antibiotics. According to chief deputy district attorney Greg Horner, as quoted today in The Oregonian, the grand jury has charged that the couple's "failure to provide medical care caused the death of their daughter."

This case may be new, but many of the questions it brings up have been with us for a while. At the heart of the issue is the tension between religious freedom and child welfare. But it also resonates with other sticky questions at the intersection of medicine, culture, and state law, such as the Texas Gov. Rick Perry's unsuccessful attempt to require that young girls be given the HPV vaccine. Or mandatory immunizations in public schools (and advice about how to avoid unwanted immunizations.)

Have you had to deal with these issues in your own life -- as a religious adherent, or a doctor, or a patient? Have you chosen to seek medical care for your children as a result of Oregon's 1999 law? How do you personally navigate your faith, your approach to medicine, and your children's health?

GUESTS:
  • Lane Borg: Partner at Greenlick & Borg

Show airs Wednesday, Apr. 2

Child's death tests Oregon law on faith healing

The Oregonian - April 1, 2008

Parents plead not guilty in their 15-month-old daughter's death

by Jessica Bruder - The Oregonian Staff


An Oregon City couple who tried to heal their dying daughter with prayer walked hand-in-hand into a crowded Clackamas County courtroom Monday and pleaded not guilty to charges of manslaughter and criminal mistreatment.

Carl Brent Worthington, 28, and Raylene Marie Worthington, 25, are the first parents prosecuted since Oregon cracked down on faith-healing deaths nine years ago, according to legislators and legal experts. If convicted, they could spend more than six years in prison.

National advocates for religious freedom and child welfare have been following the Worthington case, and reporters shadowed the defendants from the moment they arrived Monday at the Clackamas County courthouse, flanked by attorneys.


The Worthingtons, members of Oregon City's Followers of Christ Church, barely spoke a word as Judge Kathie Steele explained the charges. In subdued voices, they answered "yes" and "yes, your honor" to acknowledge they could face prison time, then dodged television cameras as they left the courtroom.

They remain free on $250,000 bonds. A trial is set for mid-June.

Their 15-month-old daughter, Ava Worthington, died at home March 2 from bacterial bronchial pneumonia and a blood infection. Both conditions could have been treated with antibiotics, according to Dr. Christopher Young, a deputy state medical examiner. Her breathing was further compromised by a benign, four-inch cyst on her neck that had never been medically addressed, Young said.

The Followers of Christ, a non-denominational congregation with roots in the 19th-century Pentecostal movement, came under state scrutiny in the late 1990s after several church children died from medically treatable conditions. The deaths prompted the Oregon Legislature to remove religious shield laws for parents who treat gravely ill children solely with prayer, setting the stage for the Worthington case.

A spokeswoman for the Christian Science Church, which lobbied for Oregon's original faith-healing shield laws, acknowledged that the church has been following the Worthington case but declined to comment.

Shawn Peters, author of "When Prayer Fails: Faith Healing, Children and the Law," a book that includes passages on Oregon City's Followers of Christ Church, said the Worthington case "will be the test for the new law in Oregon."

Peters said it's hard to say whether faith-healing deaths are increasing or decreasing across the United States, but he noted that they are continuing. Two weeks after Ava Worthington's death, an 11-year-old Wisconsin girl died from an undiagnosed diabetic attack after her parents tried to heal her with prayer. The parents in the Wisconsin case have not been charged with a crime.


Between 1999, when the new law took effect, and the Worthington case, prosecutors found no incidents of significant medical neglect among Followers of Christ Church members.

The Worthingtons were indicted Friday after a Clackamas County grand jury heard testimony from medical examiner Young, child-abuse detective Michelle Finn, and three relatives of Carl Worthington: his parents, Guy and Julie Worthington, and his sister, Danielle Fullington.

The grand jury brought two charges: second-degree manslaughter and second-degree criminal mistreatment. The parents' "failure to provide medical care caused the death of their daughter: That's what the grand jury's charged them with," explained chief deputy district attorney Greg Horner.


The Worthingtons reportedly also have a young daughter.

The Department of Human Services confirmed that the agency has "an open case with the family, and as is normal when we have an open case, we pay attention to other children in the family, "said Greg Parker, DHS spokesman. "The family is working with us."

On Monday, a pair of defense attorneys representing the Worthingtons said they were waiting to see reports and evidence in the case and wouldn't comment on the charges.

"They're presumed innocent at this time, and we ask that no one prejudge them," said attorney John Neidig, who represents Raylene Worthington. "They have not had the time to breathe properly since this tremendous tragedy, and we hope to provide them with a little privacy and respect."

Reporter Steve Mayes contributed to this report. Jessica Bruder: 503-294-5915; jessicabruder@news.oregonian.com


This article was found at:

http://www.oregonlive.com/news/
oregonian/index.ssf?/base/news/
120702031416210.xml&coll=
7&thispage=1

31 Mar 2008

Toddler's death not the first for 'faith-healing' church

KGW-TV - Oregon

March 31, 2008

by Wayne Havrelly & KGW Staff


An Oregon City couple faces manslaughter charges in the death of their 15-month-old daughter after the state medical examiner concluded she could have been saved with simple antibiotics.

Carl and Raylene Worthingon are members of the “Followers of Christ Church” in Oregon City. It's a church with a long history of child deaths., a history that led lawmakers to eliminate legal protections for parents who practice to faith healing.

The couple now faces manslaughter charges after a grand jury concluded that the faith healing couple's refusal to get medical treatment for their sick toddler caused the child's death.

15-month-old Ava Worthington died at her Oregon City home on March 2nd of pneumonia and a blood infection.

Until this month, it had been many years since the “Followers of Christ Church” had lost a child to sickness. Sunday, parishioners declined to discuss their faith healing practices and religious beliefs with KGW.

Ten years ago, several children from the same church died from untreated medical conditions like diabetes.

Here's what the medical examiner told KGW reporter Pat Doris back in 1998: "It's an awful way to die, little Bo Phillips is not the only one. We've had 3 cases in the past 9 months out here. Some have been lingering, horrible, painful deaths, all of them unnecessary deaths", said Larry Lewman, a former state medical examiner.

Clackamas County prosecutors never did charge those parents because state law allowed religious exemptions from state child abuse and homicide laws.

The controversy led Oregon senator Peter Courtney and others to get rid of those religious exemptions.

Carl and Raylene Worthingon are the first to be charged under the new state laws since they were passed 9 years ago.

The couple turned themselves in to the Clackamas County Sheriff's office after a grand jury indicted them on Friday.

They were released early Saturday and are scheduled to appear in court Monday. Detectives said that, before the new laws, “Followers of Christ” members who got into traffic accidents would take injured children home rather than to the hospital.

However, they also said most church members changed those practices the day the law changed 9 years ago.

This story was found at:

http://www.kgw.com/news-local/
stories/kgw_033008_news_faith_
healing.1742971c.html

30 Mar 2008

Law Sanctifies Child Homicide in Name of Faith

Freedom From Religion Foundation

March 28, 2008

Memorialize 11-Year-Old Madeline by Removing Faith Exemption


As a memorial to the painful, frightening and needless death of Madeline Kara Neumann, the Wisconsin Legislature needs to finally show some gumption, and remove from the statutes its exemption sanctifying child homicide in the name of faith.

Statement by Dan Barker and Annie Laurie Gaylor
Freedom From Religion Foundation Co-Presidents

The death of an 11-year-old child from illness is always tragic, but what puts Madeline Kara Neumann's death last Sunday in a different class is that it is unforgiveable. Madeleine's long descent into diabetic ketoacidosis was unnecessary, preventable and the result of willful negligence on the part of her bible-believing parents.

It's one thing for an adult to choose prayer over medicine. But it is sheer child sacrifice to permit parents to eschew medical diagnosis and treatment of ill offspring. Parents do not own their children, much less have the right to endanger their children's lives by callously disregarding medical needs in the name of religion.

What's even more appalling is the ambivalent reaction: "Ethicists say case unclear," reports the Wausau Daily Herald. The Herald quoted bioethicist Dr. Norman Fost of the University of Wisconsin Medical school warning that it's important not to be moralistic or pass judgment on parents who think they can heal a child through prayer: "They believe they're helping their child; they love their child, and they believe prayer has an effect."

However deluded the parents may be, the rest of us need not countenance or indulge that dangerous delusion.

Dean Zuleger, the administrator of the Village of Weston, was quoted by the Milwaukee Journal Sentinel saying, "There is a general sense of grief and sadness. Because I know the family a bit, there is a great deal of concern for their well-being." The parents' well-being?

"Death draws out difficult issues" read a headline in the Journal Sentinel. While Madeline's drawn-out death, involving nausea, vomiting, excessive thirst, weight loss and weakness, is very difficult to read about, there is nothing difficult at all about deciding where the blame lies. "The prayer of faith will heal the sick," according to James 5:15. The fault lies in society's laudatory attitude toward a "holy book" which teaches superstition and faith-healing, whose passages are latched onto by bible literalists, and whose obedience to such injunctions has been given a pass in the criminal statutes of many states.

The mother, Leilani Neumann, of Weston, Wis., publicly announced: "We need healing. We are going through the healing process." What about the healing process her daughter required? This helpless dependent of a middle-class family had last seen a doctor at the age of three, and recently had been pulled out of public schools for religious home-schooling, possibly to cover up symptoms of her illness, which, according to medical experts, would have surfaced at least six months ago.

Legally, the question will revolve over whether the family recognized the seriousness of the illness. A chronology has emerged which belies the family's claim that they did not realize how sick Madeline was, including logs of their calls around the country to relatives (who notified authorities just before her death that Madeline was seriously ill) and to David Eels, whose Unleavened Bread Ministries operates AmericasLastDays.com. Eels, of Pensacola, Fla., admitted he prayed for Madeline the day before she died, and that the family phoned him Sunday, as they followed an ambulance with their dead daughter to the hospital, asking him "if I would pray that the Lord would spare her and raise her up, which I did."

Leilani Neumann told reporters she and her husband are not worried about an investigation because "our lives are in God's hands. We know we did not do anything criminal. We know we did the best for our daughter we knew how to do."

Their "best" was not good enough. Nor is the religious exemption provided for by Wisconsin statutes, similar to what many states have adopted under pressure of the Christian Science lobby. What they don't realize is that doing nothing to help their daughter is parental negligence, which is criminal. The parents can still be charged, at least with some form of negligence or child abuse. But more action is required.

As a memorial to the painful, frightening and needless death of Madeline Kara Neumann, the Wisconsin Legislature needs to finally show some gumption, and remove from the statutes its callous exemption sanctifying child homicide in the name of faith.

This article was found at:

http://ffrf.org/news/2008/
faithexemption.php

26 Mar 2008

Wisconsin to true believers: Go ahead, kill your kids

The Daily Page - Wisconsin

March 25, 2008

UW instructor Shawn Francis Peters' new book looks at when the law fails children

by Bill Lueders


Shawn Francis Peters, who teaches writing and U.S. history at the UW-Madison, writes about the dangerous intersection of Religion and Law. His three books have dealt with thorny challenges to religious freedom -- the refusal of Jehovah's Witnesses to salute the flag or serve in the military (Judging Jehovah's Witnesses, 2000); the refusal of the Amish to educate their kids past grade school (The Yoder Case, 2003); and, most recently, the faith-based refusal of some parents to provide their kids with medical assistance (When Prayer Fails: Faith Healing, Children and the Law, 2008).

When Prayer Fails (Oxford University Press) is a compelling and often shocking book. There is the anecdote of the little girl who died from a tumor in her eye that enlarged to the size of her head; investigators found blood smears in her home from where she had apparently dragged her tiny body along walls. There are cases of children who died from choking on food or ailments that could have been easily treated with a shot of insulin or dose of antibiotics. Some true believers have even refused treatment from communicable diseases, putting others at risk.

The book makes unflattering mention of Wisconsin, which has -- wouldn’t you know it? -- an especially backward law that protects the proponents of faith-based medical neglect.

State statute 948.03(6) provides an exemption from the law against failing to act to protect children from bodily harm for what is referred to as "Treatment through prayer." The statute says: "A person is not guilty of an offense under this section solely because he or she provides a child with treatment by spiritual means through prayer alone for healing in accordance with the religious method of healing ... in lieu of medical or surgical treatment."

Yikes.

As Peters’ notes, the statute drew some attention in 2003, when a two-year-old autistic child in Milwaukee was crushed to death during an attempted exorcism. The practitioner was convicted, albeit of a lesser offense than what some felt was appropriate. Afterwards, Milwaukee County District Attorney E. Michael McCann urged state lawmakers to remove this exemption, lest it lead to what he called "mischief." Wisconsin's do-little Legislature has not done so.

Peters, in an interview, says the Milwaukee case "illuminated the fact that the law was there." He suspects it found its way into the statute books through the efforts of Christian Scientists, as in other states with similar exemptions.

In an email, Dane County District Attorney Brian Blanchard says he thinks there have been cases where doctors and hospitals, "concerned that asserted religious beliefs of parents might result in physical harm to an ailing child," have asked the courts to step in. But "no one can recall" a case where a faith-based refusal to seek treatment was presented as "potential criminal child neglect."

Blanchard then explains the high threshold such a case would have to meet: "In the criminal child neglect area, we look for evidence of criminal thinking, not just inattention or momentary lapses in judgment. So, for example, if we had a baby death due to failure to thrive or treatable illness, and there was a claim that religious belief prevented the caretaker from seeking treatment, we would certainly ask police to be alert to any facts suggesting that religion was being used only as an after the fact excuse or ruse. That would of course be criminal thinking. If on the other hand the religious belief appeared genuine and there were no other signs of abuse or neglect, it might be difficult for us to say a case had merit as a criminal child neglect prosecution."

In other words, if you kill or maim your kids because you truly believe they need prayer more than medical attention, there's not much authorities around here will do about it.

"The way the statute is worded, I think he's right," says Peters. "The statute says if you treat a child by religious means, you're not going to be prosecuted." He adds, somewhat superfluously, that he thinks the statute should be written differently: "I think my book sort of illustrates the perils of that."

And how.


This story was found at:

http://www.thedailypage.com/daily/
article.php?article=22053

10 Mar 2008

When Science Meets the Soul

Boston Globe Sunday Magazine
March 9, 2008

Maria and Jose Azevedo had to choose: allow their baby to die a preventable death or save him while acting against their religion. The doctor who helped guide them shares their story.

By Dr. Darshak Sanghavi


ALTHOUGH MARIA and Jose Azevedo didn't know it back then - after all, they were children who lived on separate continents - their lives would be both changed and linked by the most mundane of events: a knock at the door.

As a daughter of Portuguese immigrants, Maria was raised a devout Catholic (her step-grandmother, named Trinity, used to teach catechism), but her family life growing up in New Jersey was marred by an abusive father. When Maria was 8, her mother invited a Jehovah's Witness proselytizing door-to-door into the home. Soon, her mother, Maria, and her sister began studying regularly with Witnesses, who questioned the existence of the Trinity and hell. Maria's father was not happy about that. "Whatever rage he had just became worse," Maria says. Still, Maria formally declared herself a Witness when she turned 13.

Thousands of miles away on the Ivory Coast in West Africa, Jose grew up in a French-speaking family that later immigrated to Connecticut. Jose's father had converted years earlier, also after a Witness came to his door, and Jose became baptized as a Witness at 17. Several years later, he met Maria at a convention for Witnesses in Monroe, New York. Soon they were writing letters back and forth and dated for two years. At Maria's high school graduation party in 1993, Jose proposed. She said yes. They had a son, Giovanni, and later moved to Fitchburg, where Jose started a floor-sanding business.

Last winter, when the family was preparing for a trip to Italy, Maria learned she was pregnant again. In the doctor's office, Maria remembers the shock of seeing "two circles" on the ultrasound monitor: She was having twins. Later came terrifying news - one of the fetuses could have a heart problem. By then five months pregnant, Maria and Jose rushed to the UMass Memorial Medical Center to see the pediatric cardiac specialist on call. That's when we met.

FOR AN HOUR that day, I glided an ultrasound probe over Maria's abdomen and gazed at snowy images on a digital monitor. My own heart sank. Normally, a heart pumps blood first to the lungs, where oxygen percolates into red cells. Then, the heart sends the oxygen-rich blood to the body. But the connections in one twin's heart were all wrong, so none of the blood could get to the lungs (a condition called "transposition of the great arteries"). That's not a problem in the womb, since the mother's umbilical cord sends all the necessary oxygen to the baby's body. But shortly after birth, when the umbilical cord is cut, the newborn would suffocate and die. Unless, that is, an emergency open-heart surgery was done then to repair the heart defect.

Stunned, the Azevedos listened as I drew diagrams to review the diagnosis and treatment options. The outlook was excellent, since the corrective surgery had been developed more than 20 years earlier. Soon after birth, the baby would need to be placed on a heart-lung bypass machine, containing donated blood, and undergo the surgery while the heart is purposely stopped.

But based in part on a literal biblical reading of Acts 15:28-29, which exhorts the faithful to "abstain from meats offered to idols, and from blood," Jehovah's Witnesses categorically refuse all red-blood-cell transfusions. We discussed various options - including using parental blood or even the child's own blood salvaged from the placenta at birth for the bypass machine - but none of these was acceptable to the Azevedos.

The couple faced an impossible choice: allow their baby to die a preventable death, or save their baby and forfeit a chance at eternal life in paradise. In a sense, their ordeal recalls one of the most troubling passages of the Old Testament. In the Book of Genesis, God without explanation commands Abraham to sacrifice and burn the body of his only son, Isaac, at an altar atop Mount Moriah. Abraham binds his son with ropes, lays him on the altar, and raises a knife to slay him. At the last moment, an angel descends to stop the violence. "Now I know that you fear God, because you have not withheld from me your son," the angel says, and promises that "all nations on earth will be blessed, because you have obeyed."

But what if no angel from heaven came to stop the Azevedos from letting their baby die?

NOT INFREQUENTLY, parents and physicians disagree about the proper medical management of young children, especially those with life-threatening conditions where the therapy is highly invasive or the prognosis is uncertain. These conflicts often do not arise from parental misconceptions - in the Azevedos' case, they understood the medical issues quite clearly - but from fundamental ethical and moral disagreements about a child's quality of life.

In 1990, for example, a woman named Karla Miller went into premature labor at 23 weeks of gestation in Houston. Because a child born that early has a 75 percent chance of death or severe disability, the husband chose not to sign a consent form that would allow resuscitation. But the neonatologist resuscitated the girl, who grew up severely retarded, legally blind, and quadriplegic. The parents sued the hospital for ignoring their wishes, but in 2000 the Texas Supreme Court ruled for the hospital. George Annas, a medical ethicist at Boston University, later attacked the decision in the New England Journal of Medicine, since "the court implies that life is always preferable to death for a newborn . . . no matter how unlikely their survival is without severe disabilities."

This tendency toward avoiding a baby's death at all costs - without considering a family's physical, emotional, or spiritual needs - has created some confusing and contradictory practices. Consider how physicians approach Down syndrome, which often results in mental retardation, heart defects, a higher risk of leukemia, and other problems. Last year, the American College of Obstetricians and Gynecologists recommended that all pregnant women, regardless of age, be offered screening for the condition before 20 weeks of pregnancy - a time frame clearly determined by the availability of legal abortion. Yet since 1984, federal law forces a child born with Down syndrome to receive almost any necessary surgery to preserve life. Therefore, aborting an otherwise normal fetus with Down syndrome for any reason is legal; however, allowing natural death for newborns with not only Down syndrome but also severe spinal and gastrointestinal defects is forbidden.

Things are even more complicated when severe heart defects are detected prenatally. In her moving memoir Waiting With Gabriel, Amy Kuebelbeck describes the birth of her son, who had "half a heart" (a condition called hypoplastic left heart syndrome, or HLHS). Kuebelbeck refused surgery and held her baby as he died. "We wished for his life to be free of pain and filled with love," she once wrote to me. "And it was." Given the same scenario, only one-third of doctors would want treatment, according to a 2003 report. That's surprising since the survival for the condition after surgery is 85 to 90 percent, and many survivors have normal cognitive abilities.

Ultimately, the laws regarding highly invasive medical treatment for babies don't have a coherent moral foundation. To further complicate matters, even savvy people (like physicians in sub-specialties) given a standard diagnosis may choose very different paths. If the law lacks nuance, and the doctors themselves are divided, perhaps the religious beliefs of parents, no matter how foreign to their child's caregivers, shouldn't draw judgment. Nobody, it seems, has a handle on all the right answers.

ONLY A FEW pregnancies in a thousand yield identical twins, and only one in a thousand pregnancies are complicated with potentially fatal cardiac defects - which meant that the probability of the Azevedos' situation was about one in a million. A few days after conception, the Azevedos' embryo split into two parts, and each fetus grew separately while sharing a single placenta. The developing children possessed identical genes, environments, and parents - yet the natural origami of one child's heart failed to unfold normally. It is entirely unknown how, so to speak, two identical seeds growing in the same soil can give rise to such different harvests. It's equally intriguing how the Azevedos and I differed so much in our approach to that event.

At our first meeting in April, each fetus weighed a pound and had completed 21 weeks of gestation. In later visits, we spoke for hours. Jehovah's Witnesses have helped pioneer many blood-sparing procedures, and with the input of a medical liaison from the church, we researched and discussed countless real and imagined scenarios for the baby, including the use of artificial blood (not yet available), open cardiac surgery without a bypass machine (nearly always fatal in neonates), and even bypass with salt solutions instead of blood (which would thin the child's blood excessively). Each time, Jose and Maria were hopeful we'd find some way to save their baby without blood. Yet no alternatives emerged, despite my arranging for a second opinion at Children's Hospital in Boston. I grew to like the Azevedos; they were intelligent, friendly, and reasonable. But as the weeks ticked by, we remained deadlocked.

Sometimes we were all frayed. As a not-very religious Hindu father of two young boys, I had difficulty understanding how parents could allow a child to die, just to avoid a transfusion. My feelings no doubt showed. For their part, Jose later told me: "We were not going to consent, no matter what. [It] was the most frustrating, difficult thing in our lives." Unknown to me, the family was considering plans to fly overseas for the birth to avoid transfusion.

Unlike parents choosing not to resuscitate extremely preterm infants or to withhold surgery for babies with half a heart, the Azevedos weren't worried about the risk of death or chronic disability; their concerns were mainly religious. In contrast to some congenital heart defects, transposition of the great arteries is eminently treatable. Most newborns are discharged within a few weeks of the surgery and require no subsequent invasive procedures. The Azevedos, though, had fundamentally different priorities - priorities that were rooted in their faith.

Originating in the 1800s from a Pittsburgh Bible study group that rejected the concept of the Trinity, modern Jehovah's Witnesses adopted their name in 1931, and today are headquartered in the offices of the Watch Tower Bible and Tract Society in Brooklyn. In the mid-1990s, the group's magazine, which claims a worldwide circulation of 37 million, had a cover story featuring 26 "Youths Who Put God First" and died after refusing transfusion. In one issue, a photo of a young girl picking yellow flowers in a meadow reads, "Saving life with Jesus' blood" - rather than transfusion - "opens the way to endless, healthy life in an earthly paradise." According to James Pellechia, a senior spokesman for the Watch Tower Society, a Witness who "willfully and without regret" accepts blood has "ceased being one of Jehovah's Witnesses."

Official Witness sources hedge on the subject of transfusions to save newborns when all other options are exhausted. One pamphlet reads, "Loving parents are responsible to weigh risks, benefits, and other factors and then to make a choice." Pellechia says: "It's a difficult situation for any parent." Although transfusion "would be a violation of God's law," he says, "it's up to the individual to decide whether they want to apply that law or not."

Thus, I hoped the Azevedos might ultimately allow the surgery. Since the closest pediatric cardiac intensive care unit was in Boston, the Azevedos arranged to deliver at Brigham and Women's Hospital. One summer day, Maria called me to say she was in labor. The twin boys, Miqueias and Jacob, were born on August 15. Jacob was rushed to the intensive care unit, and the family met with Dr. Emile Bacha, the cardiac surgeon on call at Children's Hospital. After some discussion, the medical team initially came away thinking the family would proceed with the surgery.

But on the eve of the procedure, Bacha went to see Maria and Jose about the written forms to obtain official permission. After a quiet discussion, Bacha emerged from the room. "I don't think they're going to sign the consent," he said.

THE FIRST AMENDMENT of the US Constitution guarantees, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." However, in 1944, the US Supreme Court ruled in Prince v. Massachusetts that a Jehovah's Witness could not force her 9-year-old niece to preach in downtown Brockton in violation of child labor laws. With deliberate punch, the court wrote, "Parents may be free to become martyrs themselves. But it does not follow that they are free, in identical circumstances, to make martyrs of their children." Currently, however, the federal Child Abuse Prevention and Treatment Act has been weakened so that medical neglect motivated by parents' religion cannot be prosecuted under its provisions.

Rita Swan, a literature scholar in Sioux City, Iowa, has committed her life to ending any religion-based exemptions to healthcare for children, which is ironic, since those very exemptions protected her from going to jail. Her toddler had a slow, agonizing death from a curable disease. And she let it happen.

Raised a Christian Scientist, Swan told me she was taught to "bend over backward" to avoid any knowledge of life sciences (to pass her college biology requirement, she made a leaf collection) and never took her older daughter to a doctor. (Christian Scientists avoid conventional medical care and believe prayer heals illnesses.) Then in 1977, her son Matthew developed a fever shortly after his first birthday. Over a 12-day span, the infant experienced racking sweats and convulsions and gnashed his teeth.

During prayer visits, she said, one practitioner would shout at the infant, "You can't be sick! You are God's perfect child!" So deep was the denial of the boy's suffering that Swan proceeded with a T-shirt decorating party for her 7-year-old daughter while Matthew lay upstairs convulsing. "It's just so sick," Swan says now. It turns out the infant had bacterial meningitis, an infection whereby the brain becomes covered with pus. Swan finally broke down and took Matthew to a hospital. By then, the infection was too advanced, and Matthew died. Later, the practitioners weren't empathetic; Swan says that one of them told her, "Life on earth is such a pinprick, what does it matter?"

Swan and her husband left the faith and founded CHILD Inc., a nonprofit group to educate the public about medical neglect of children for religious and cultural reasons. In a heartbreaking 1998 report in the journal Pediatrics, she helped collect case reports of 172 children who - like her son - died from medical neglect. (Caroline Fraser, another former Christian Scientist, profiled cases in a 1995 Atlantic Monthly article and subsequent book, including the death of 12-year-old Elizabeth Ashley King, whose parents refused medical attention for a cancer on her leg that grew to 41 inches in circumference.) In Massachusetts, 2-year-old Robyn Twitchell died of intestinal obstruction at home (vomiting "excrement and portions of his bowel before he died"); his parents, Christian Scientists, were acquitted of wrongdoing in 1993, though they watched him suffer over five days. That year - helped by lobbying from Swan's group - Massachusetts became one of only five states that no longer exempts medical neglect of children for religious reasons from prosecution.

Philip Davis and Kari Mashos, spokespersons for the First Church of Christ, Scientist, insist the church allows "complete choice" and "no coercion" to dissuade parents from conventional medicine. "I think it's terrible to have a child suffer," Davis says. When I asked if, in retrospect, Robyn Twitchell should have been taken to a hospital, he answered: "It just feels like a slot I don't want to be put in, in that particular case."

Many states still specifically allow religious refusal for pediatric vaccines, lead screening, vitamin K shots for newborns, tuberculosis testing, bicycle helmets, and routine physical exams. And politicians are loath to criticize religious practices that doctors would deem dangerous. In 2005, for example, three infants in New York were infected with herpes virus after circumcision by the same rabbi, and one died. Presumably carrying herpes in his mouth, this rabbi practiced a rare Orthodox Jewish form of circumcision called metzitzah b'peh, in which the rabbi places his mouth on the neonate's penis to suck off blood following circumcision. When alerted to the outbreak, Mayor Michael Bloomberg didn't condemn the ritual. Instead, he called for more study and stated it "is not the government's business to tell people how to practice their religion."

Terry Craven is an associate justice in the Suffolk County Juvenile Court who's familiar with many cases like Jacob's. What would happen in Massachusetts if a woman carrying a baby with a known severe heart defect avoided the hospital, had a home birth, prayed for divine healing, and watched the child die? A district attorney, Craven says, "is less apt to take that case. They want to be able to believe they can prosecute.

IN JACOB AZEVEDO'S situation, thankfully, no medical harm had yet occurred and no criminal charges needed to be filed. On the contrary, Maria and Jose thus far had done everything possible for their son's health; they just refused to sign the consent form. What happened next was at once ordinary and profound.

When a child is suspected of being in medical danger, doctors can ask the courts to mediate disagreements and, in certain cases, make binding decisions on behalf of the child over parents' objections. Under this law a hospital lawyer named Ellen Majdloch on August 19 urgently requested a hearing. Craven, who hears perhaps a half-dozen such cases yearly, was assigned to the case (that's how we met), traveled to the hospital, and convened court in a small conference room steps away from the intensive care unit. The judge appointed lawyers for the family, a guardian to advocate for Jacob, and a Jehovah's Witness liaison to help articulate the Azevedos' religious views. Just before entering the room, Craven recalls, one of Jacob's grandparents, who is a Witness, clutched her hand, looked in her eyes, and said, "Save my grandson."

The hearing took hours. The judge listened patiently to everyone's testimony and suggested a solution. The Azevedos could honor their beliefs and refuse to sign the consent. However, Craven herself would "authorize" - she was very careful, she said, to avoid the term "order," even though Jose and Maria had no choice - the surgery, and her name would appear on a separate authorization form. The Witness liaison supported this compromise, assuring the Azevedos that "if the judge orders it, then you are not going against the church teaching."

On August 20, Jacob was wheeled to an operating room at Children's, where Bacha's team opened the child's chest, cooled his body to 72 degrees, and connected him to the bypass machine, primed with donated blood. Jacob's heart lay still for a few hours as the surgeons performed the delicate switch of the great arteries. Repaired, the heart sprang to life when rewarmed and his chest was sewn closed. Hopefully, no one would lay eyes on the heart ever again.

Weeks later, Jacob, who has honey-colored hair and an easy smile, was feeding and growing like a healthy infant. I asked Maria what she thought might happen to Jacob's soul. "My conscience is clear," she said. She felt that the doctors, not the child or the parents, would have to answer for the transfusion. "It wasn't Jacob's decision," she said. "We took our stand and never compromised. Jehovah knows that I did not compromise my faith. What [the doctors] decided to do, that's between them and God. We don't judge them." Jose agreed: "God will have to analyze the situation. I cannot speak for him, but I know that God is a merciful God, and he does forgive."

Tacitly, the Watch Tower Society seems to endorse this end run around the transfusion ban for children. Its statement on blood products includes the following: "On occasion . . . medical personnel have sought court backing to give blood. Of course, Christians agree with laws or court action to prevent child abuse or neglect." Pellechia, the spokesman, says, "Under pressure, if a person caved in and made a decision that others would not have made, I believe there would be an understanding [and] empathy shown."

IT'S TEMPTING TO call this kind of rationalizing a "pathetic moral spectacle," as the author and outspoken atheist Christopher Hitchens does, pointing to Orthodox Jews who pay others to work on the Sabbath, Shiite Muslims who offer temporary marriages for men visiting prostitutes, or papal sales of indulgences to fund projects like St. Peter's cathedral. To Hitchens, creating elaborate rituals to circumvent religious dogma is hypocritical; he would prefer just tossing the rules. Of course, those diametrically opposed to that line of thinking might dismiss compromise just as vehemently. How, then, should people make progress when they don't see eye to eye?

Occasionally, rational discussion prevails. Stanley Baum, the former chairman of radiology at the University of Pennsylvania, recalls that a decade ago, the Dalai Lama asked Baum's friend and noted neuroscientist Robert Livingston to travel to India and lecture on the origins of the human nervous system. Livingston mentioned how sperm reside in the fallopian tubes from a day to a few weeks prior to fertilization. A murmur went up among the monks. That's not possible, they said, since Tibetan culture teaches that the soul is transferred to an embryo during orgasm. Livingston politely persisted. To Livingston's amazement, the Dalai Lama conceded, "All we can say is that our original concept must be wrong."

But people are rarely shaken so deeply. Instead, many of us cling to scaffolds of faith that - somehow - support the structure of our moral and spiritual lives. We make small changes here and there, rather than take a wrecking ball to it all. And that's ultimately the best for which we can hope. (Over the last decades, for example, the Watch Tower Society has stated that vaccinations may be acceptable for observant Witnesses. Interestingly, changes often concern diseases of children.)

In the end, neither the Azevedos nor I shifted our beliefs much. We just agreed on a ritual that allowed us all to move on. Recently, the Azevedos invited me over for dinner, and we talked for hours. I marveled at the contradictions we embodied: An Indian physician born in the Bronx who still puts up a Christmas tree and is married to a Philadelphia-born Jew who believes in ghosts was warmly invited to break bread and talk faith in the Fitchburg home of a couple of Portuguese and Ivory Coast descent raised as Jehovah's Witnesses, even after I'd helped force a surgery on their baby against their most deeply held convictions.

Somehow we'd all worked together to save Jacob's life. And after it was done, the Azevedos and I could listen to him coo contentedly nearby as we ate and talked as friends.

Darshak Sanghavi is an assistant professor of pediatrics at UMass Medical School and the author of A Map of the Child: A Pediatrician’s Tour of the Body. E-mail him at sanghavi@post.harvard.edu.

http://www.boston.com/bostonglobe/magazine/articles/2008/03/09/when_science_meets_the_soul/