In the news: a Minnesota judge has ruled that 13 year old Daniel Hauser, a cancer patient, has to undergo chemotherapy that he’s stopped in favor of American Indian medicinal therapies used by the Nemenhah Band, in which Daniel is said to be an elder. His father claims he (the father) was cured of cancer by the same methods. The teen-ager’s cancer is reported to have resumed growing after the chemotherapy was stopped.
“Daniel was diagnosed with Hodgkin’s lymphoma and stopped chemotherapy in February after a single treatment. He and his parents opted instead for “alternative medicines” based on their religious beliefs.
Child protection workers accused Daniel’s parents of medical neglect; but in court, his mother insisted the boy wouldn’t submit to chemotherapy for religious reasons and she said she wouldn’t comply if the court orders it.
Doctors have said Daniel’s cancer had up to a 90 percent chance of being cured with chemotherapy and radiation. Without those treatments, doctors said his chances of survival are 5 percent.”
It seems to me that the idea embodied in the second ammendment is for situations just such as this one. Sadly it seems that our current culture no longer has much respect for individual autonomy. Alas.
– NonE
Hi NonE –
Didn’t you mean first amendment?
Yes..I don’t know where this will head and I am very curious about what someone like Scalia would say about this. He’s been such a statist on religious freedom cases – at least the ones I can think of..
The right of the state to regulate children (compulory education, health and welfare, etc.) derives from the parents marriage license (which was instituted post-civil war to discourage intermixed marriages). Christian Scientists have been prosecuted for using prayer rather than medicine to “treat” their diseased children who died, or to force them to use medical services.
In this case, I suspect the issue is whether the Nemenhah band is a recogonized tribe. If they are, tribal sovereignty might be used as a defense, should it pursue such action in court…that is if Indians of such are required to obtain state license to marry (I don’t know).
Of course other laws might come into play as well since children have limited rights and a 13 yr. old could easily be considered incompetent…
I guess overall I don’t necessarily consider this to be an infringment of individual rights as enumerated under the Constitution.
Hi Jeff –
I’m kind of surprised you feel that way. I understand feeling that way about Christian Scientists leaving healing to prayer (although even there, I object only in the case of minor children) but in this case, there was a treatment being given – it just wasn’t radiation.
And what do you say about all the people who’ve died after radiation and chemo, which some of them felt made things worse?
Also, from I understand, the 13 yr is also in favor of the alternative therapy.
Lila,
If I didn’t say it clearly enough, I have mixed feelings on the matter. I will admit to a bias…my ex-wife is an acupuncturist and practitioner of oriental herbal medicine, much (but not all) of which I consider of little value. My eldest daughter had a bout of hospitalization due to the denial of conventional medical treatment in favor of her own variety.
I don’t believe in subjecting children to the ideologies of their parents. On the other hand, I don’t believe in cultural imperialism either, which is why I would consider the tribal interest in the matter, which wasn’t addressed in the OP.
well – I’m sorry to hear that. I bet that would make anyone feel negatively – and since you were the other parent, your objections counted. here it seems the family is entirely for it..
I don’t care about cultural imperialism. If one system is better and proven to be so, it’s a different thing. But cancer is such a huge boondoggle and there seem to be quite as many people who die of the therapy as live (maybe I’m overstating it and perhaps this particular cancer was easy to cure)…
In any case, taking children away from their parents in such cases seems really objectionable, especially when the child is ill. Don’t they think cancer is stressful enough without putting the family through the court system as well?
From my experience, the parent with actual custody (as opposed to custodial “rights”) has complete authority and the opposing parent none, unless they live within close proximity of the other. Not only did my objections not count, but I wasn’t even made aware of it until later…
Overall I believe family law is very problematic under any regime and far from perfect in ours. Nor do I believe families are any more disfunctional today than they ever were…in the past you just didn’t hear about it and the children suffered in silence.
You’re probably right on that.
But the laws can improve or worsen matters too.
Maybe law isn’t the answer or at least not the sole answer.
Maybe we need the return of the busy body.
Nope, I didn’t mean the first ammendment, I meant the second. When someone chooses to tell me what to do with my life I have no compunctions about asserting my own choices with whatever level of force is required. I don’t know if the parents are right, or the doctors, but if the parents and the child choose one path, it is NO ONE else’s business. Provide advice and information if you care, but force should be met with force.
– NonE
You mean if they forcibly took the child from the family, the family should have retaliated forcibly?
You know how that ends – like Randy Weaver.
Theoretically I agree, but practically, disappearing seems like the best option
Yes. You are right. That is why I finished with “Sadly it seems that our current culture no longer has much respect for individual autonomy. Alas.”
As someone someplace else has pointed out, it is not that we need guns and ammo for protection, it is an entire different mindset that is required. I have no respect in the basic culture that forms our society, and feel that “we” will probably get what we deserve, and get it good and hard.
Butler Shaffer pointed to a book in one of his articles, “Law for the Elephant,” wherein historic records of the western migration revealed a powerful culture of autonomy and respect for the rights of others and obligations of individuals. It seems that that culture may indeed have existed at some point, but I don’t see any evidence of it today. Thomas Sowell’s work reveals that there is great strength and persistence in cultures, but I wonder if the intervening generations have eroded whatever it was which once existed in ours to the point of invisibility. I guess the upcoming trials and tribulations will reveal the answer. I don’t have much hope.
Sam Dodson’s prinicpled stance in Keene, N.H. is a beacon of hope to the contrary. Perhaps a spark of inspiration can reignite a flame of passion.
– NonE
Sure, it’s “necessary, life-saving” cancer treatement now…not to mention Ritalin and god-only-knows what else they’ll force into your kid’s veins. But how long before some twisted “multi-gendered” bureaucrat is suggesting (along with the not-so-veiled threat of charges of psychological abuse, child endangerment, conspiracy to commit child endangerment, etc.)that, well, maybe you should start considering a gender reassignment operation for little Billy….because s/he’s obviously very confused about his latent homosexual tendencies.
Really, it’s only a matter of degrees.
Yes…
It’s not fantasy either. I don’t know if you know about Dr. John Money and the sex change operation he performed..read it. Quite a horror story, even if it was a medical break through.
I’m sympathetic to intervention when the child is being obviously physically harmed and the parents have a visible and documented pattern of abuse…
but this is a matter of choice…
What would be a win-win situation would be to allow licensed alternative therapies into the market and let them compete…