US law limits parental religious authority where children would be harmed
Evidence
Justice Wiley Rutledge’s majority upheld the conviction, establishing that neither religious liberty nor parental authority extends to exposing children to harm. The “martyrs” passage — “Parents may be free to become martyrs themselves. But it does not follow they are free to make martyrs of their children” — is the clearest pre-rights-framework judicial statement of the asymmetry between adult rights and parental rights exercised over children who cannot consent. — , The Rod and the Child, 10844
Categorization
- XREF: The asymmetry principle anticipates MacCormick and Raz interest theory by three decades, and parallels Clayton’s autonomy-preservation argument at 10856. — connects to: Religious liberty does not extend to imposing non-consensual harm on children — , The Rod and the Child: A Global History…, 7789; Pentecostal deliverance rituals inflict torture-scale harm on accused children. — , The Rod and the Child: A Global History…, 4623; Parental religious conviction does not override children’s bodily autonomy. — , The Rod and the Child: A Global History…, 9371 (+5 more)
Related
- Religious liberty does not extend to imposing non-consensual harm on children (similarity 0.87)
- Children’s rights must be balanced against parental religious liberty. (similarity 0.84)
- Parental religious conviction does not override children’s bodily autonomy. (similarity 0.82)
Broader Connections
- South African children’s constitutional right to be free from violence overrides parental corporal punishment.
#corroborates(0.70) — , The Rod and the Child, 4769