TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 8 P34

Gale Encyclopedia of American Law Volume 8 P34 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 318 RELIGION to protect the public health. Thus state laws requiring the vaccination of all children before they are allowed to attend school are constitutional because the laws are designed to prevent the widespread epidemic of contagious diseases. Public health protection has been deemed to outweigh any competing interest in the exercise of religious beliefs that oppose any forms of medication or immunization. A number of cases have involved the issue of whether there is a compelling state interest to require that a blood transfusion be given to a patient whose religion prohibits such treatment. In these cases the courts look to the specific facts of the case such as whether the patient is a minor or a mentally incompetent individual and whether the patient came to the hospital voluntarily seeking help. The courts have generally authorized the transfusions in cases of minors or mentally incompetent patients in recognition of the compelling government interest to protect the health and safety of people. However the courts are divided as to whether they should order transfusions where the patient is a competent adult who steadfastly refuses to accept such treatment on religious grounds despite the understanding that her or his refusal could result in death. The use of secular courts to determine intra-church disputes has raised issues under both the Free Exercise Clause and the Establishment Clause. The Supreme Court decided in the 1871 case of Watson v. Jones 80 . 679 20 L. Ed. 666 that judicial intervention in cases involving ownership and control of church assets necessarily had to be limited to determining and enforcing the decision of the highest judicatory body within the particular religious group. For congregational religious groups such as Baptists and Jews the majority of the congregation was considered the highest judicatory body. In hierarchical religions such as the Roman Catholicism and Russian Orthodoxy the diocesan bishop was considered the .

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