The plaintiff’s 18-year-old son died suddenly at home. His body was taken to the hospital, where...

The plaintiff’s 18-year-old son died suddenly at home. His body was taken to the hospital, where the cause of death could not be found without an autopsy. The deputy medical examiner ordered a postmortem examination. The plaintiff was a member of the Jewish Orthodox faith and refused the postmortem examination of his son on the basis that religious conviction prohibited any molestation of the body after death. Is freedom of religion curtailed by a law that has a compelling state interest?

Expert Solution

Superficially, in this case, freedom of religion is curtailed by a law that has a compelling state interest. The deputy medical examiner ordered a postmortem examination as the plaintiff’s 18-year-old son died suddenly at home and the cause of death could not be found without an autopsy. The plaintiff refused the postmortem examination of his son on the basis that religious conviction as a member of the Jewish Orthodox faith prohibited any molestation of the body after death. However, the plaintiff's son will not get the equal justice offered by the constitution if the postmortem examination is not conducted to deduce the reason for death and the culprit will be punished. It will remain as a closed chapter forever and the culprit will not be punished. Apparently, as we go deeper into the issue, more threat from the murderer surfaces. There are chances that the murderer would do more murders and/or harm others including the plaintiff with the same motive, which is a matter of state interest and not about freedom of religion. So the state interest has an upper hand in this case as compared to freedom of religion. As the state is concerned more about the safety of all its citizens rather than any particular individual's freedom of religion, the state will ceratinly overlook the freedom of religion aspect. It will be better if plaintiff allows his son's postmortem examination without considering the religious side, for the sake of his fellow citizens and his safety. No religion is above humanity, it is only a means to achieve humanity.

Nightingale answered 1 year ago

The plaintiff's 18 year old son died suddenly at home. His body was taken to the...

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