• 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]

© Copyright 1996, 1998 by Church Law & Tax Report. All rights reserved. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided 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. Church Law & Tax Report, PO Box 1098, Matthews, NC 28106. Reference Code: m10 c0396