Autopsy Without Consent Did Not Violate Free Exercise Protections

Thompson v. Robert Wood Johnson University Hospital, 2011 U.S. Dist. LEXIS 63980 (D NJ, June 15, 2011),  is a lawsuit against two doctors, a hospital, and state medical school (the doctors' employer) for their role that resulted in  an autopsy being performed on a 24-week severely deformed fetus without consent of the mother whose pregnancy was terminated, or her husband.  The parents were asked to participate in a research program on skeletal dysplasia, but agreed only to x-rays and not to the autopsy that was performed. Among the claims asserted, the mother contended that her free exercise rights were violated because the autopsy disrespected her Jewish religious beliefs and obstructed her ability to practice her religion.  A New Jersey federal district court held first that the doctors involved, though employed by a public entity, were not acting under color of state law. The court went on to say the even assuming the doctors were acting under color of law, there is no showing that their motivation was to infringe on plaintiff's religious sensibilities.  According to the court, the Supreme Court has made it clear that "the motivation behind a challenged government action is key to determining whether a constitutional violation has occurred."