- Does the state have the right to determine the fitness of a parent?
- If so, when does this right trump the constitutional guarantee for free practice of religion?
The answer to the first question should be "No," unless the parent has legally abdicated his or her responsibilities. In that case, the state would have the duty to find the best possible parents for the child. But what gives the state the right to intervene in a case where the parents have not abdicated their responsibilities? I agree that in cases of abuse or neglect, the child has to be protected, but where does this authority come from, and who gets to decide, and what criteria are used? This authority is too nebulous right now, especially given the impact it can have.
For the second question, let's just assume that the right of the state exists, and is well defined. What is the balancing point between the right of the state to protect the interests of the minor, and the right of the parent to freely practice their religion? The parent in me says that any practice which endangers the welfare of the child is grounds for intervention. The libertarian in me says that the "wall of separation" extends in both directions, and cannot be breached by the government any more than it can by religion. So, where is the balance?
I know that personally, I would say that starving a child because you believe god told you to is grounds for intervention, but that witholding medical treatment for illness, even a fatal one, is not. I cannot give sound reasons why I feel this way, just acting according to my conscience.
