Religious Beliefs No Excuse for Child Abuse, Court Rules

Court rejects First Amendment violation argument.

Church Law and Tax 1996-05-01

Child Abuse

Key point. The extreme or unreasonable physical discipline of a child by a parent may constitute child abuse.

The Vermont Supreme Court ruled that a father’s religious beliefs did not excuse his acts of child abuse. A husband and father engaged in extreme outbursts of rage and cruelty, which often were targeted directly at his minor children. A trial court later determined that the father had engaged in multiple acts of abuse of his children, including pouring coffee down the back of one child, throwing a rock at another child, and striking his children with paddles, fireplace pokers, and straps. The father defended his actions on the grounds that he was a Jehovah’s Witness, and that his religion taught adherence to the biblical principle of “spare the rod, spoil the child.” The father stated that “based on the scripture … discipline is something that the Creator expects parents to do,” and accordingly he could not be penalized for doing it. The state supreme court disagreed, noting that to state a claim under the first amendment’s free exercise of religion clause a person must show that the government is interfering with conduct “motivated by a sincerely held religious belief” that is “unduly and substantially burdened.” The court concluded that the father’s vague references to the Bible to defend his actions were not sufficient to state a claim of a violation of his constitutional rights. It observed: “The [evidence] does not establish a clear relationship between the religious faith of a Jehovah’s Witness and physical discipline of children, nor does it show that [the father’s] religious beliefs required him to hit his children with a paddle, a fireplace poker or a strap ….” Jakab v. Jakab, 664 A.2d 261 (Vt. 1995). [ The Free Exercise Clause]

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay
caret-downclosefacebook-squarehamburgerinstagram-squarelinkedin-squarepauseplaytwitter-square