Abraham Cherrix - Update
Jul. 24, 2006 at 4:33 PM
Homeschooling
The Cherrix's lawyer says he's waiting for a response to the motion filed this morning. The lawyer says if the teen is forced to comply with the order, "there's no way to undo the chemotherapy and radiation" and essentially that would end their path to further appeals.It pays to have lawyers reading your blog. Judy Aron, attorney with NHELD, left a comment under this post, citing a Supreme Court case that helps demonstrate the rights of the parents in medical treatment. She said,
The type of treatment they are seeking doesn't seem to be the major factor according to the Supreme Court in determining who is the final decision maker.I am very surprised at this ruling especially in light of a Supreme Court ruling that says this:Because parents have a constitutionally protected liberty interest in the care, custody and management of their children against the state's unwarranted "usurpation, disregard, or disrespect", the Supreme Court has held that parents retain a substantial, if not the dominant, role in decisions affecting the child, including decisions affecting medical treatment. Tennenbaum v. Williams, 193 F. 3d 581, 594 (1999), Cf. Parham v. J.R., 442 U.S. 584, 99 S. Ct. 2493, 61 L. Ed. 2d 101; 1979 U.S. LEXIS 130 (1979); Meyer v. Nebraska, 262 U.S. 390, 39, 67 L. Ed. 1042, 43 S. Ct. 625 (1923).
The Supreme Court explained, "Simply because the decision of a parent is not agreeable to a child, or because it involves risks, does not automatically transfer the power to make that decision from the parents to some agency or officer of the state. The same characterizations can be made for a tonsillectomy, appendectomy, or other Medical procedure…Parents can and must make those judgments…Neither state Officials nor federal courts are equipped to review such parental decisions." Parham v. J.R. , 442 U.S. 584;602-606, 99 S. Ct. 2493; 61 L. Ed. 2d 101; 1979 U.S. LEXIS 130 (1979).
The Rebelution has transcribed the words to a song written for Abraham that shares the complete story. You can listen to the song on Abraham's website.
I was speaking to my neighbors about this case today. They told me about their nephew who had the same type of cancer at the same age. He underwent chemotherapy twice. It did not cure his cancer, it killed him. The responsibility for that decision rests with the parents and they feel they made the best decision for their son. They are at peace. If the state takes on this decision for Abraham and the same thing happens to Abraham, what responsibility will the state take for their actions? The state which claims to have the best interest of the child, suddenly has no interest at all and the parents are left without their son.
Previous posts: Pray This Never Happens to You and Judge Orders Chemo For Abraham.
Related Tags: Abraham Cherrix, Starchild Abraham Cherrix, home schooling, home education, homeschooling
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