Nebraska's required blood test for newborns to screen them for eight metabolic diseases that can cause mental retardation or death if left untreated was upheld against constitutional challenges brought by a couple who follow the teaching of the Church of Scientology. They believe that parents should insulate their newborns from pain during the birth process and for the first seven days of life. In Spiering v. Heineman, 4:04 CV 3385 (D NE, Sept. 12, 2006), a Nebraska federal district court rejected free exercise, due process and Fourth Amendment challenges. The Associated Press yesterday reported on the decision. Nebraska is one of only four states that do not have religious exemptions to their laws on screening of newborns, and is the only state that permits courts to force parents to have their children tested.
The court spent most of its opinion on plaintiffs' free exercise challenge. It held that the requirement is a neutral law of general applicability, and as such the legislature needed only a rational basis for imposing the regulation. (See prior related posting.) [Thanks to How Appealing for posting the opinion.]
