Tenn. Supreme Court hears faith healing case

[doggie]

this one is strange she was convicted got a slap on her wrist as the doctors said her child would have died anyway and is still fighting t. I think she will end up causing more problems then she helps. I would like to know what a accredited practitioner even is.

State law makes it a crime to fail to provide medical care to children, but there is an exception for those who rely on prayer alone for healing. However, the Spiritual Treatment Exemption Act applies only to faith healing performed by an accredited practitioner of a recognized church or religious denomination.

http://m.apnews.com/ap/db_268812/conten ... d=Faiuk7hE

NASHVILLE, Tenn. (AP) - An East Tennessee woman convicted of child neglect in her teenage daughter's cancer death is asking the state Supreme Court to declare that she is innocent because she relied on prayer to heal the girl.

Jacqueline Crank was sentenced to unsupervised probation after her 15-year-old daughter died of Ewing's Sarcoma in 2002. Despite the light sentence, Crank has continued to pursue the case, arguing that faith-healing should be legal for everyone.

The Tennessee Supreme Court heard oral arguments in the case in Knoxville on Thursday.

State law makes it a crime to fail to provide medical care to children, but there is an exception for those who rely on prayer alone for healing. However, the Spiritual Treatment Exemption Act applies only to faith healing performed by an accredited practitioner of a recognized church or religious denomination.

In turning to prayer for her daughter's healing, Crank relied on the advice of Ariel Ben Sherman, who called himself the girl's "spiritual father." Testimony showed Sherman was accredited by the Universal Life Church, which will accredit anyone who fills out an application.

Records from the Department of Children's Services said Crank and her children lived "in a cult type religious environment with many people (estimated 30) living in their home and all of whom they consider 'family,' although none are actually related."

In briefs, Crank argues that Tennessee's Spiritual Treatment Exemption Act is unconstitutional because it treats some faith healing as legitimate while allowing other faith healing to be criminalized.

The state Court of Criminal Appeals ruled against Crank in 2013, saying that even if the state's faith healing law were unconstitutional, striking it down would not undo Crank's conviction. It would simply erase the exceptions for faith healing, leaving the law intact that makes it illegal not to seek medical treatment for a child.

Crank argues in a brief to the state Supreme Court that simply deleting the faith healing exemption would have the effect of punishing her for an act of which she is innocent.

Crank initially was charged with a felony. Those charges were later downgraded after doctors said that her daughter Jessica most likely would have died even if she had gone to a hospital right away. Jessica was eventually taken into the custody of the Department of Children's Services and admitted to East Tennessee Children's Hospital.

According to court records, the cancer caused a grapefruit-sized tumor on the girl's shoulder that appeared to give her severe pain.

Pediatric oncologist Dr. Victoria Castaneda testified that while Jessica likely could not have been cured by early treatment, "it would have helped in dealing with her condition and symptoms and positively impacted the quality of her life."

Sherman was convicted with Crank of misdemeanor neglect in 2012. Both appealed the conviction, but before the appeal was complete, Sherman died. Records showed he was suffering from cancer and had sought medical help for himself, dying in a hospital.

[Firiel]

I actually know someone who almost died of appendicitis as a child because of faith healing.

I think (though I could be wrong) that her mom finally refused to submit to her husband and took my friend to the hospital.

I wonder what Lori would say about that...

[doggie]

glad Oregon nailed that coffin lid shut.

[nelliebelle1197]

How can there be a religious exemption for faith healing? That is insane.

[doggie]

Well think of the state.

[browncoatslytherin]

that poor girl. even if it was terminal, she suffered a helluva lot more than she needed to.

i'm not a mother (unless a kitten i've had since 5 weeks counts :P lol) but i can't imagine just leaving my child in pain. when my cat was eight weeks old, she ate some wet food that had been tainted by phenobarbitol (given to my brother's dog...some had fallen on the floor and she evidently got to it before we got it all). as soon as i realized something was wrong with her, i immediately took her to an emergency vet. i was genuinely scared i'd lose my little baby. fortunately, she didn't get much, so she was given fluids and sent home for observation, and she's no worse for the wear today at over a year old.

but if i'd do that for a cat, i can only wonder at how far i'd go for a child. i'm a spiritual person, and i have strong beliefs in my gods, but there's no way i would just light some incense and say some prayers and let that be it. no way. makes me wonder if fundyism shuts off a maternal switch or something.

[Marianne]

wtf, did people ever heard about secularism ??

[gustava]

I'm guessing that her case is being financially supported by someone or some organization that wants the law overturned. She's just the vehicle.

And turns out the cult leader is also dead.

[doggie]

I'm guessing that her case is being financially supported by someone or some organization that wants the law overturned. She's just the vehicle.

And turns out the cult leader is also dead.

yep and they never die they keep spawning like enemies in a video game.

[browncoatslytherin]

yep and they never die they keep spawning like enemies in a video game.

i wish someone could pull akuma's special move on them...just a flurry of quick punches and once the dust settles, they're down for the count

*gamer nerd alert*