Will Your Religion Allow Youuto Live? The Mature Minor Doctrine, Religious Exemptions, and a Look into Louisiana Law

Abstract

Imagine being fifteen years old and diagnosed with a rare disease that will kill you if you do not undergo certain medical procedures. Further imagine that the treatment the doctors say will save your life is a treatment that is utterly against your religion. Would you follow your religious beliefs, or would you follow the doctor’s highly recommended procedures? Would you weigh your parent’s beliefs, or are you mature enough to make the decision for yourself? Even if you think you are mature enough, will your home state allow your “mature” decisions to be considered in court? The 1974 Child Abuse Prevention and Treatment Act originally required states to adopt religious exemptions to child neglect in order to keep federal funding for child-protection programs. Despite the lifting of this requirement, many states still have the exemptions in force. Due to these exemptions, many children have died because their parents believe that they are not required to give their children proper medical treatment if it is against their religion. The mature-minor doctrine makes these issues even stickier. While some states use this doctrine in a very limited sense, others have adopted a broad interpretation that would allow a mature minor to refuse medical treatment while not holding the parents responsible. Each state has its own unique interpretation of religious exemptions and the mature-minor doctrine. Thus, both should be interpreted with particular caution. This article uses a 2013 Wisconsin Supreme Court case, Dane County v. Sheila W., as a factual backdrop to discuss the issues of religious exemptions and the mature-minor doctrine. These issues have not been heavily discussed in Louisiana, and this article seeks to provide an overview and a guide for when Louisiana is faced with a similar situation.