Sunday, November 15, 2009

When a child dies, faith is no defense

Why do courts give believers a pass?

By Jonathan Turley
WashPost
Sunday, November 15, 2009

"Suffer little children to come to me." So begins one of the most cited passages in the Bible. Yet, in cases involving the deaths of children in faith-healing families, the second half of Jesus's admonition from Luke 18:16 is at the heart of legal controversy: ". . . and forbid them not."

In the past 25 years, hundreds of children are believed to have died in the United States after faith-healing parents forbade medical attention to end their sickness or protect their lives. When minors die from a lack of parental care, it is usually a matter of criminal neglect and is often tried as murder. However, when parents say the neglect was an article of faith, courts routinely hand down lighter sentences. Faithful neglect has not been used as a criminal defense, but the claim is surprisingly effective in achieving more lenient sentencing, in which judges appear to render less unto Caesar and more unto God.

This disparate treatment was evident last month in Wisconsin, a state with an exemption for faith-based neglect under its child abuse laws. Leilani and Dale Neumann were sentenced for allowing their 11-year-old daughter, Madeline Kara Neumann, to die in 2008 from an undiagnosed but treatable form of diabetes. The Neumanns are affiliated with a faith-healing church called Unleavened Bread Ministries and continued to pray with other members while Madeline died. They could have received 25 years in prison. Instead, the court emphasized their religious rationale and gave them each six months in jail (to be served one month a year) and 10 years' probation.

During their sentencing, Marathon County Circuit Court Judge Vincent Howard said the Neumanns are "very good people raising their family who made a bad decision, a reckless decision." He then gently encouraged them to remember that "God probably works through other people, some of them doctors."

(More here.)

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