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Author Topic:   Casualty of faith healing - Madeline Neumann
AZPaul3
Member
Posts: 8564
From: Phoenix
Joined: 11-06-2006
Member Rating: 5.1


Message 34 of 286 (461768)
03-27-2008 6:21 PM


SCOTUS
This was a case in which a guardian had a minor child distributing religious literature in violation to Massachusetts State law.
quote:
But the family itself is not beyond regulation in the public interest, as against a claim of religious liberty. Reynolds v. United States, 98 U. S. 145; Davis v. Beason, 133 U. S. 333. And neither rights of religion nor rights of parenthood are beyond limitation. Acting to guard the general interest in youth's wellbeing, the state, as parens patriae, may restrict the parent's control by requiring school attendance, [Footnote 9] regulating or prohibiting the child's labor [Footnote 10] and in many other ways. [Footnote 11] Its authority is not nullified merely because the parent grounds his claim to control the child's course of conduct on religion or conscience. Thus, he cannot claim freedom from compulsory vaccination for the child more than for himself on religious grounds. [Footnote 12] The right to practice religion freely does not include liberty to expose the community or the child
to communicable disease or the latter to ill health or death.

and
quote:
The zealous though lawful exercise of the right to engage in propagandizing the community, whether in religious, political or other matters, may, and at times does, create situations
difficult enough for adults to cope with and wholly inappropriate for children, especially of tender years, to face. Other harmful possibilities could be stated, of emotional excitement and psychological or physical injury. Parents may be free to become martyrs themselves. But it does not follow they are free, in identical circumstances, to make martyrs of their children before they have reached the age of full and legal discretion when they can make that choice for themselves.
This present case is not one of Religious Liberty but one of Religious Stupidity.
This was the willful torture and murder of a young child, not out of malice, but out of sheer and utter religious stupidity.
All the arguments about medical malpractice, vaccinations, parental rights and religious freedoms cannot hide the negligence and incompetence of the parents here. Nor can it hide the negligence and incompetence of the State for allowing such a thing to happen.
"Religious Liberty" is not a license to ignore the most basic responsibly this secular society places on a person, especially in regards to the welfare of a child.
Society has not just a right, but an obligation, to protect a minor child from the zealous excess of the parent.
Prince v. Massachusetts

Replies to this message:
 Message 38 by Silent H, posted 03-27-2008 6:41 PM AZPaul3 has replied

  
AZPaul3
Member
Posts: 8564
From: Phoenix
Joined: 11-06-2006
Member Rating: 5.1


Message 46 of 286 (461789)
03-27-2008 7:40 PM
Reply to: Message 38 by Silent H
03-27-2008 6:41 PM


First of all, without malice, this was not a case of willful torture or murder. For a person wanting to throw in legal arguments, that should be rather obvious.
Regardless of their “faith” their premeditation in not acting is key. Their willful disregard in not seeking medical attention for the child is negligence resulting in death. First degree is not the only class of murder. This also should be rather obvious.
Second, an appeal to SCOTUS doesn't solve anything. The Supreme Court has upheld slavery and many other things we do not agree with today.
Irrelevant. Imperfect as our society and our courts may be we are a nation ruled by law not a nation ruled by zealous religious emotion.
I would agree with the decision where community health is the concern. However, a diabetic child, or decisions related to such personal health issues is not a threat to community health. I would also agree that a parent should not withhold treatment they would take for themselves, but this is not the case. I would agree that they are ignorant people, who are not taking advantages available to them by modern medicine. Then again I cannot say anything regarding how that might effect them spiritually.
Again, irrelevant. Society has the obligation to intervene when the negligence of a parent endangers the life of a child whether that endangerment impacts the wider community directly or not.
A nine-year-old child’s right to life takes precedence over the parents’ rights to be stupid.
"Religious Liberty" is not a license to ignore the most basic responsibly this secular society places on a person, especially in regards to the welfare of a child.
Children are not a license to ignore the most basic protections this secular society grants to citizens, especially in regards to decisions about the welfare of their child.
This is where we will disagree. Your rights to decide the best welfare of your child end where the right of your child to live begins.
Society has not just a right, but an obligation, to protect a minor child from the zealous excess of the parent.
And when that society decides that you are the zealous parent?
If the stupidity of my actions endangers the life of my child, or any child, or anyone else, then you have a moral obligation, let alone a legal one, to stop me.
I am always saddened when the new majority decides it is time to make their opinion the law of the land... even when I happen to agree with most of that opinion.
We do this every day. That’s what legislatures and courts are for.
Unless you are suggesting anarchy, this is the best we can presently do.
Edited by AZPaul3, : Poor syntax. Still not happy, but I'm out of time.

This message is a reply to:
 Message 38 by Silent H, posted 03-27-2008 6:41 PM Silent H has replied

Replies to this message:
 Message 47 by molbiogirl, posted 03-27-2008 7:52 PM AZPaul3 has replied
 Message 62 by Silent H, posted 03-28-2008 12:47 AM AZPaul3 has not replied

  
AZPaul3
Member
Posts: 8564
From: Phoenix
Joined: 11-06-2006
Member Rating: 5.1


Message 51 of 286 (461798)
03-27-2008 8:10 PM
Reply to: Message 47 by molbiogirl
03-27-2008 7:52 PM


FYI.
"Among the secular rights granted to citizens", aka children, Holmes includes "the right to be sexually active".
You heard me.
Holmes thinks that not only are parents allowed to slaughter their children, they get to pimp them out too.
Then it's a good thing he wasn't on the court alone.
Care to site the source, please?

This message is a reply to:
 Message 47 by molbiogirl, posted 03-27-2008 7:52 PM molbiogirl has replied

Replies to this message:
 Message 53 by molbiogirl, posted 03-27-2008 8:26 PM AZPaul3 has replied

  
AZPaul3
Member
Posts: 8564
From: Phoenix
Joined: 11-06-2006
Member Rating: 5.1


Message 81 of 286 (461875)
03-28-2008 12:00 PM
Reply to: Message 53 by molbiogirl
03-27-2008 8:26 PM


Happy to.
Start here.
Thank you MBG.
Gotta problem though. In this message 50 I see Mr Jack responding to randman. And through the rest of the page of messages I find no reference to Justice Holmes. I've missed something. More help please?
ABE:
Silent H writes:
By the way, if you haven't figured it out already, molbio was referring to me when she said Holmes. Feel free to read through the thread she linked to and let me know where I said anything close to what she claimed. Though I would advise not wasting your time. She was just jerking my chain, using you. It makes for great ad hominem and guilt by association though.
See, I told you I missed something.
Nevermind.
Edited by AZPaul3, : better information

This message is a reply to:
 Message 53 by molbiogirl, posted 03-27-2008 8:26 PM molbiogirl has replied

Replies to this message:
 Message 91 by molbiogirl, posted 03-28-2008 1:47 PM AZPaul3 has not replied

  
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