Is refusing medical care for one’s children based on
religious beliefs child endangerment or protected religious practice? Pennsylvania
courts are in the midst of deciding this in the case of Connie and Martin
Deimler, who are charged with child endangerment. The couple allegedly failed
to provide medical care to their children, leading to the death of an infant
and severe illness of a toddler. The couple held sincere religious beliefs in the
efficacy of faith to heal the sick, and against the use of medical treatment. I
think that in this case, the government has a compelling interest to protect the welfare of children even if it restricts free exercise of religion.
On December 12, 2025, EMS and State police were called to the Deimler home in Lebanon County, PA in response to the death of their 6-day-old son. The infant died from complications from neonatal hyperbilirubinemia and
multiorgan dysfunction. The couple had not received prenatal care or medical
care after birth. State troopers also discovered that the couple had another
young child with significant medical issues. That child was taken in for
surgery immediately, and Connie and Martin were instructed on how to care for
that child’s medical and nutritional needs. After the couple allegedly failed
to follow those instructions, the child was placed in the custody of Lebanon
County Child services on December 29, 2025. On April 23, 2026, both parents were charged
with two cases of felony child endangerment. Under the statute they are charged with violating, child
endangerment is defined as a parent knowingly endangering the welfare of a
child by violating their duty of care, protection, or support. The statute is neutrally written and includes
no text allowing for religious exemptions.
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| The Lebanon Branch of Faith Tabernacle Congregation |
At the heart of the case is a question over the limits of
the state in protecting children from harmful effects of religious belief. How
far does the free exercise clause go in permitting parents to subject their
children to their religious beliefs? While no Supreme Court cases have directly
dealt with similar faith healing situations, a few dealing with the broader issue of
parental authority are helpful in understanding the constitutional context of Commonwealth of Pennsylvania v. Martin Deimler and Commonwealth of Pennsylvania v. Connie Deimler.
Prince v. Massachusetts concerns the ability of members of
the Jehovah’s Witnesses to enlist children to distribute religious literature
in violation of child labor laws. Ruling in favor of Massachusetts, the Court decided
that the government has broad authority to regulate the treatment of children,
beyond what would be considered unconstitutional restriction of free exercise
of religion for adults. The majority opinion notably asserts that “Parents may
be free to become martyrs themselves. But it does not follow they are free, in
identical circumstances, to make martyrs of their children…” This statement has proven to be grimly prescient in the Deimler case. The state has a compelling
interest to protect the welfare of the child under the legal principle of parens
patriae, and this interest can override the free practice of religion.
In Wisconsin v. Yoder, the Court ruled in favor of the old
Amish Community allowing them a religious exemption to mandatory schooling
laws. The majority opinion appeals to the long history of the Amish in living
separately from the world, and to the fact that the contested practice is
“intimately related to daily living.” This decision protects the ability to gain exemptions from laws that overly burden foundational religious practices, even if those laws are neutrally written and applied.
While Faith Tabernacle Congregation is not quite as insular as the Amish, I think that it is comparable to the Amish in many ways. Like the Amish, the church has a long history of religious practice that runs counter to the mainstream. If the specific practice were less harmful, perhaps the child endangerment statute could have a religious exemption such as Wisconsin v. Yoder helps establish. It's clear that the statute heavily burdens a practice that is foundational to members of Faith Tabernacle Church: the ability of parents to trust in God to heal their children. However, this situation is a literal case of life and death, which easily meets the standard of a state’s compelling interest to protect a child’s wellbeing. For this reason, I agree with Lebanon County prosecutors that neglecting medical care for children is felony child endangerment.
Currently, the two cases are being processed by the Lebanon County Court of Common Pleas. If the two are found guilty, I think it is unlikely that religious exemptions to the child endangerment statute will be considered, based on both Pennsylvania and Federal precedent. Moreover, under the principle of parens patriae, I feel that the state is fully valid in prosecuting this case.

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