Douglas County v. Anaya

694 N.W.2d 601 (2005)

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Douglas County v. Anaya

Nebraska Supreme Court
694 N.W.2d 601 (2005)

Facts

Rosa Ariel Anaya was born in Nebraska to the Anayas (defendants). Nebraska statute required newborns to undergo blood testing to detect several diseases that were treatable if diagnosed very early in life but devastating, even fatal, if untreated. Babies who were born in the hospital were routinely tested, but Rosa was born at home and did not undergo the testing. One week later, when the Anayas reported Rosa’s birth to the health department, a health-department employee noticed that Rosa had not undergone the blood tests. The Anayas refused to allow Rosa to be tested because of their sincerely held religious belief that removal of blood from Rosa’s body would remove life from her body and possibly shorten Rosa’s life. Douglas County (plaintiff) sued, seeking an order to compel the Anayas to allow Rosa’s blood to be drawn and tested, as Nebraska statute required. The trial court issued the order, and the Anayas appealed.

Rule of Law

Issue

Holding and Reasoning (Wright, J.)

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