Trial in death of infant raises questions of parental rights, religious freedom.by Steve Mayes, The Oregonian
Sunday June 21, 2009, 9:03 PM
Rick Bowmer/The Associated Press
Carl and Raylene Worthington arrive June 15 at the Clackamas County Courthouse for a pretrial hearing in the faith-healing death of their 15-month-old daughter, Ava. The Worthingtons are expecting another child later this year.
OREGON CITY -- Ava Worthington died surrounded by loved ones who believed their prayers would heal the young child.
As the 15-month-old girl struggled to breathe, church members anointed her with oil and pleaded with God to provide a cure. But Ava died March 2, 2008, of bronchial pneumonia and a blood infection. Antibiotics could have saved her life, the state medical examiner's office said.
Her death was more than a tragedy, according to Clackamas County prosecutors, it was a crime. Ava's parents, Carl and Raylene Worthington, are scheduled for trial beginning Tuesday on charges of manslaughter and criminal mistreatment.
The Worthington case will be the first time anyone in Oregon has been prosecuted under a 1999 law passed in response to an extraordinary number of child deaths involving the Worthingtons' church, the Followers of Christ in Oregon City. The law eliminated religion as a defense in most cases of medical neglect.
For nearly a decade after Oregon cracked down on faith-healing deaths, there were no verified cases of Followers of Christ children dying from medical neglect. Then last spring the faith-healing controversy rocketed back into the headlines.
Four months after Ava died, her 16-year-old uncle, Neil Beagley, died of complications from an untreated urinary tract blockage. Beagley's parents, also members of the Followers of Christ church, are scheduled for trial in January on charges of criminally negligent homicide.
"It shows how these cases continue. The cycle continues unbroken," said Peters, author of "When Prayer Fails: Faith Healing, Children and the Law."
The Worthington trial will touch on some profound questions. When does a child's welfare outweigh religious freedom? When does the state's responsibility to safeguard children trump parental rights? Perhaps the most haunting question is this: What kind of parent stands by while a child writhes in pain or suffers a lingering death?
"Part of what makes these cases so tragic is that the parents are doing what they think is best for their children," Peters said. "There is no criminal intent."
Religious freedom
The Worthingtons maintain that the state and federal constitutions give them the right to care for their children according to their religious beliefs. Their lawyers have established the Worthington Defense Fund and are soliciting donations to defend those rights.
On Saturday, the church issued a statement through attorney Steven B. Ungar that addressed the church's position: "Family autonomy is a deeply respected value and tradition in our country, as is religious freedom. Both are reflected in a myriad of laws at every level. And while the government traditionally has a say in some decisions involving parent and child, criminally charging the Worthingtons under these circumstances violates the Constitution and is an abuse of power."
Prosecutors say religious and parental rights do not give the Worthingtons the right to endanger the life of a child.
On that point, the law favors the state.
Nationally, courts have ruled that states may override parents and require medical treatment, such as dental work or tonsillectomies, for young children. Some courts have limited the state's right to intervene to cases where the child's life is threatened.
"The vast majority of cases from around the country hold that the state does have the power to punish parents for withholding medical treatment that would have saved a child's life," said Charles F. Hinkle, a Portland attorney who specializes in constitutional issues and has consulted with the Worthingtons' attorneys.
No Oregon appellate court has ruled that religious freedom is absolute.
"Defense lawyers typically wave the First Amendment or the Constitution around, claiming there's some sort of constitutional right at stake, even though there isn't," said Greg Hamilton of the Northwest Religious Liberty Association, an organization dedicated to protecting religious freedom. "God uses human beings to create remedies and to work with prayer in one hand and medical science in the other."
A recent Wisconsin case again tested these constitutional boundaries.
Two weeks after Ava died, an 11-year-old Wisconsin girl, Kara Neumann, died from an undiagnosed diabetic attack. Neumann's parents, who tried to heal the girl with prayer, argued that their constitutional right to religious freedom protected them from criminal charges
Judge Vincent Howard rejected the Neumanns' argument and ordered them to stand trial. "The free exercise clause of the First Amendment protects religious belief but not necessarily conduct," Howard said in his ruling.
The girl's mother was convicted last month of second-degree reckless homicide. The father goes to trial next month.
This is really disturbing. As I a Christian I truly believe in faith healing, but if you are not miraculously healed when hands are laid on you, then it would be time to go and see a doctor. God gave the brains to these intelligent people and we should feel at liberty to use them. There is nothing wrong with seeking medical help, none whatsoever. If it wasn't for my doctor's I would be dead today.I find this type of religious behavior disgusting and demented. Every member of that church should be charged with child abuse, neglect or endangerment of a minor, or even manslaughter. That beautiful little baby and teenage boy did not have to die such a gruesome and painful deaths. What kind of parents would stand idly by and watch their precious children suffer needlessly? Where was their love and compassion? Children are a blessing and it is our duty, as parents, to care, nurture and protect them. That little girl had no champion to voice her cries for help. The 16-year-old boy also needed someone to help save him. He was only 16-years-old!! He was not mature enough to make a cognitive decision regarding his health.