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Court Rejects Teenager's Religious Objection To Cancer Treatment

By Howard M. Friedman

After a hearing, in a lengthy opinion a Minnesota trial court has issued an order overriding the free exercise objections of 13-year old Daniel Hauser and his parents to Daniel?s receiving chemotherapy for Hodgkin?s lymphoma. The court also rejected his parents? due process parental rights objections. The court found that Daniel does not understand his medical situation and lacks the ability to give informed consent as to medical procedures. The court concludes that the state has a compelling interest in seeing that Daniel obtains appropriate treatment. The court set the next hearing in the case for May 19, and ordered the parents in the meantime to get a chest X-ray for Daniel and select an oncologist for him. In In re Welfare of Child of Colleen Hauser and Anthony Hauser, (MN Dist Ct., May 14, 2009), the court found:

The family has a genuine and strong belief in the benefits of holistic medicine and, specifically, in Nemenhah. Nemenhah is based upon Native American healing practices. Daniel is deemed to be a ?medicine man? by Nemenhah and does not wish to receive any additional chemotherapy.

Daniel Hauser is an extremely polite and pleasant young man. While he is 13 years of age, Daniel is unable to read. He does not know what the term "elder" means, although he claims to be one. He knows he is a medicine man under Nemenhah teachings, but is unable to identify how he became a medicine man or what teachings he has had to master to become one. He believes in the principle of "do no harm" and attributes his belief to Nemenhah teachings.

The court's website provides links to pleadings and partial transcripts from the hearing. AP reports on the decision. (See prior related posting.) [Thanks to Scott Mange and David Waddilove for the lead.]

Full post as published by Religion Clause on May 16, 2009 (boomark / email).