ACLU-Nebraska: Because Freedom Can't Protect Itself

In a case filed in federal court December, 2004, ACLU Nebraska argues the state doesn't have the right to order parents to subject their children to medical screening unless there is a clear and present need.  State law requires all newborns to be tested within 3 days of birth for rare metabolic disorders.  Almost every other state allows a waiver of these tests, because the diseases are so rare.  Nebraska even allows a delay for the testing, if the infant is not born in a hospital.  Yet the state refused to grant a delay for Louise and Ray Spiering, whose religious beliefs would not allow them to have the test during the first week of their child's life.  A federal judge ordered the state to grant the delay after an emergency hearing was held just days before the child's birth.  However, the judge also refused to strike down the state law for other families after further consideration.  The case is now closed.