Since the mid-twentieth century, the U.S. Supreme Court has acted to preserve and define civil rights. When states fail to protect the rights of minority groups, the courts step in by creating constitutional safeguards for minorities, juveniles, and religious objectors. In the context of juvenile rights, the Supreme Court has consistently relied on scientific data to define the rights attributed to people under the age of majority. Since the greater psychological community has accepted that a minor’s cognitive abilities reach a state of maturity around age sixteen, the Supreme Court may be poised to clear up a century-old controversy regarding a minor’s right of self-determination. This Note explores whether a minor can exercise her First Amendment Free Exercise rights to make medical treatment choices.
Click on a link below to access the full text of this article. These are third-party content providers and may require a separate subscription for access.