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CONSTITUTIONAL RIGHTS OF CHRISTIAN SCIENTISTS

From the December 1906 issue of The Christian Science Journal


ANY forward movement, or one regarded as such by those participating in it, always meets with opposition more or less strenuous, according to its nature and the extent to which it seeks to overturn previously formed beliefs or ideas. In no field of knowledge or experience has this been found to a greater extent than in matters of religious belief and teaching, and in no other has the opposition to any change of or interference with preconceived ideas or beliefs and practices been more intolerant or vicious. Every effort to change religious beliefs, or to encroach upon any of the established modes of religious teaching or worship, has invariably met with strong, often violent and vicious, opposition, all in the name of Christianity. The old and established churches seem to cherish their dogmas, creeds, and religious beliefs as divinely protected, and to regard any interference with them as sacrilegious, an offense not only against them, but against God. Further, it is a cherished belief of the masses of mankind that the one and most efficacious means of relief from sickness and disease is through materia medica and the services of the licensed physician. It has been the misfortune of the Christian Science religion that in its effort to ameliorate the condition of the human race it has run counter to both of these beliefs, without intending or attempting to attack either the one or the other, except in so far as a conscientious expression of its views, with no feeling of malice or ill will towards either, has necessarily had that effect.

Notwithstanding their own respectful and considerate treatment of Christian ministers and physicians, Christian Scientists have met with opposition from not a few. We need not here inquire into the motives by which the representatives of either of these opposing beliefs have been actuated. It may be conceded for the present purpose that they have been sincere and conscientious. The purpose here is to inquire briefly what remedy, if any, the Christian Science Church and its adherents have against the assaults made upon it and them by their opponents, through the medium of the lawmakers and the courts by whom the laws are administered and enforced.

Some laws have been enacted, not directed against Christian Scientists alone, but against any and all efforts to heal the sick other than by the administration of medicines by a licensed or competent medical practitioner. Most of such laws have been enacted under the guise of public necessity, for the protection of children, assuming that the average lawmaker knows better what is good for the child than does its parents, and that no better means of healing disease is possible than by the administration of drugs. Statutes have been passed making it obligatory on all parents to trust the health and life of their children to a medical practitioner, in violation of their conscientious belief that this is and must be detrimental to them, and that there is a better way, a higher power, by and through which they may be protected and saved. In several instances courts have been called upon to pass upon such laws, and in some cases have enforced them to the extent of punishing offenders against them by incarceration in the State prison, but that time is rapidly passing. Public sentiment and intelligence is rapidly outgrowing the narrow view of human rights that will make a felon of a mother only because she has lovingly and conscientiously done what she believed to be the best for her child. The courts have in some instances upheld convictions under such statutes, but generally without passing upon the merits or justice of the statutes, and upon the ground that as it is so provided by law, the Court has no choice, but must enforce the law as it is. For example, in one of the cases, after stating some of the differing beliefs as to how disease may be healed, it is said, —

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