Jehovah Witness

Posted by Zotta Rendevouz

State of Kansas, broke the Jehovah's Witness, "the constitutional right to use his religion when he was denied the request outside the liver transplant-state, the state Court of Appeal ruled Wednesday.

A three-judge panel of the Court of Appeals overturned a lower court decision and ordered the Health Policy Authority Kansas to grant the request of Mary Stinemetz to undergo a liver transplant financed by Medicaid in Nebraska.

"We are very pleased," said Corinne Petrik, an attorney representing Stinemetz.

Stinemetz, 64, had refused to undergo a liver transplant at the University of Kansas Hospital, because she wanted a blood transfusion - something she could not accept as a Jehovah's Witness.

She said the Jehovah's Witnesses follow the Bible to abstain from blood, showing excerpts from the book of Acts, Genesis and Deuteronomy, according to court documents.

Church teaching at the discretion of the members to accept certain fractions of blood and organ donors.

Stinemetz wanted the state to approve a liver transplant in Nebraska, where it could be a bloodless procedure, but his application was rejected because the procedure would take place outside the state.

20 years, Hill City, Kansas woman suffered from primary biliary cirrhosis, a chronic disease that causes the liver to deteriorate and the period of malfunction.

Stinemetz, which is known since last year, would need a new liver, there is no waiting list for organ, and its suitability for transplant has not yet been reviewed.

Repeated efforts to reach the Kansas Health Policy Authority to comment on Wednesday's decision was rejected. It is not known if the agency is considering an appeal before a higher court.

Although the Texas Court of Appeals found that state Medicaid rules do not focus on faith Stinemetz, said state regulations allow exceptions to the general rule that prohibits Medicaid funds to state services.

Since the rules allow for exemptions from the state under the First Amendment could not prohibit Stinemetz the request unless it had a compelling case for what the judges had difficulty finding during oral argument.

The State has failed to suggest the state's interests, let alone a compelling interest to deny the request for prior authorization Stinemetz liver transplant outdoors in the state, "Judge Thomas E. Malone wrote for the court appeals.

The Court held that the price was not a problem Stinemetz deny the fact that costs less than a bloodless procedure, which requires a blood transfusion.

"There's no doubt about it (the government) would allow a liver transplant without bloodshed, if the hospital had offered to pay the Kansas Technology, Malone wrote a 40-page opinion.

Since the bloodless procedure is less costly, the State is "unable to assert that the agency is financially responsible as a money manager in Kansas" by refusing the request Stinemetz.

Stinemetz action was based on 1963 U.S. Supreme Court cases in which the Seventh Day Adventist, who quit her job because she does not work on Saturday, the Sabbath their faith.

That woman has denied unemployment benefits to the state because she could not find a job because of his reluctance to work on Saturday.

The U.S. Supreme Court affirmed the Seventh Day Adventist, saying the government needed a compelling state interest to justify the violation of the right of anyone to freely exercise their religion.

Kansas Health Policy Authority, meanwhile, makes the case of the Seventh Day Adventist Church, no longer applies. Agency instead, relied on a 1990 Supreme Court case in which two workers from Oregon who was fired for taking peyote for sacramental purposes and were denied unemployment compensation.

The Supreme Court ultimately affirmed the denial of benefits, the decision that the government can enforce laws in a uniform that could violate a person's religion, provided that the law focused on their faith.

But the Court of Appeals Kansas distinction between two cases, and notes that the case was Oregon's illegal activities and that the benefits of the Seventh-day Adventist-related unemployment.

The Supreme Court ruled in the case of Oregon, in situations in which the state may have an exemption system in place, you must have a compelling reason not to extend such exceptions in cases of religious difficulties.

Stinemetz if the appellate court because the Kansas exceptions to its rules, it must have a compelling reason to reject his request.