Wisconsin Supreme Court Dismisses As Moot Appeal Seeking Recognition of "Mature Minor" Doctrine For Religious Objections To Medical Treatment

In a 4-3 decision in Dane County v. Sheila W., (WI Sup. Ct., July 10, 2013), the Wisconsin Supreme Court dismissed as moot an appeal by a Jehovah's Witness asking the court to accept the "mature minor" doctrine as part of Wisconsin law. The doctrine permits older minors who can demonstrate sufficient understanding and appreciation of the consequences of their decision to independently make medical treatment decisions involving their own care, without parental consent. In this case, a trial court had appointed a temporary guardian for a 15-year old after neither she nor her parents would consent to a needed blood transfusion. The minor sought the ruling so she can make future decisions on her own to refuse blood transfusions. Writing for the 3 dissenters, Judge Gableman said: "this court has a responsibility to decide matters of great public importance that are likely to recur but evade appellate review." AP reports on the decision.