Child deaths test faith-healing exemptions - Kids and parenting- msnbc.com

[Marty Lederman]

Has anyone, either in such a wrongful-death suit, or perhaps in some other
context, ever argued in court that the exemptions violate the Establishment
Clause?  If not, why not?  If the third-party burdens were enough to render
the law invalid in *Thornton v. Caldor*, these are easy cases.

On Fri, Nov 21, 2008 at 9:05 PM, Michael R. Masinter <masinter at nova.edu>wrote:

> Not much has changed since the extended thread a decade ago on Lundman
> v. McKown, McKown (Minn. App. 1995), a wrongful death suit by a father
> against a mother, a stepfather, and a faith healer who prayed a child
> to death from type one diabetes.  Michael McConnell contributed
> thoughtful posts to that discussion defending exemptions, though I
> remained unconvinced then and now.
>
> It's not clear whether the exemption's roots lie in respect for
> religion or the long history of children as chattels.  Either way, the
> exemption seems irreconcileable with Amos since it imposes the burden
> of death on a child.  To paraphrase a better writer, a homicide by any
> other name would smell as sour.
>
> Michael R. Masinter                      3305 College Avenue
> Professor of Law                         Fort Lauderdale, FL 33314
> Nova Southeastern University             954.262.6151 (voice)
> masinter at nova.edu                        954.262.3835 (fax)
>
> Visiting Professor of Law (2008-2009)    305.284.3626 (voice)
> University of Miami Law School           mmasinter at law.miami.edu
> 1311 Miller Drive
> Coral Gables, FL 33146
>
> Quoting Joel Sogol <jlsatty at wwisp.com>:
>
> > http://www.msnbc.msn.com/id/27844314/
> >
> > Joel L. Sogol
> >
> >
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