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14 Scholar 945 (2011-2012)
Religious Treatment Exemption Statutes: Betrayest Thou Me with a Statute

handle is hein.journals/schom14 and id is 955 raw text is: RELIGIOUS TREATMENT EXEMPTION STATUTES:
BETRAYEST THOU ME WITH A STATUTE?
SHIRLEY DARBY HOWELL*
I. Introduction..    .................................. 946
II. Religious Exemption Defined  ....................... 948
III. An Overview of Faith Healing Traditions in America and
the Perspective of Faith Healing Parents  ............... 950
A. Faith Healing Traditions in America ...............  950
B. The Prototypical Faith Healing Parent ............. 954
IV. Public Policy Protectionism for Children ............... 956
A. Common Law Doctrinal Protections for Children .... 956
1. Contracts    ................................ 957
2. Torts     ................................... 957
3. Criminal Law    ............................. 959
B. Federal Acts for the Protection of Children .......... 962
V. Negative Effects of Religious Exemptions for Both
Children and Their Parents...  .................... 963
A. Illustrative Cases.....   ...................... 963
B. Recent Developments......................... 969
VI. How the Majority of States Came to Have Religious
Exemption Statutes   ............................... 971
A. The 1974 Child Abuse Prevention and Treatment Act
and Its Ramifications  .......................... 971
B. Why States Retain Religious Exemptions: A Likely
Answer and Three Poor Excuses ................. 972
1. Ignorance Concerning the Statutes and Political
Motives: The Answer ....................... 972
2. Excuse One: The First Amendment Free Exercise
Clause ...     ....................   ....... 973
1. See Luke 22:48 (Judas, are you betraying the Son of Man with a kiss?).
* Shirley Darby Howell is a professor of law at Faulkner University's Thomas Goode
Jones School of Law. The author wishes to thank Administrative Assistant, Jennifer
Johnson, and Reference Librarian, Gigi Panatgopoulis, for their tremendous support and
contributions to this project. I especially want to acknowledge my Research Assistant,
Clinton Richardson, who went far beyond the call of duty throughout this project. Without
Mr. Richardson's exceptional dedication and skillful assistance, I would not have been able
to complete this piece for publication in the 2011-12 academic year.

945

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