[*]Allowing doctors to appeal to a court when their medical opinion indicates that parents are making decisions detrimental to a child. Note that a complex culture needs courts & should trust them to make impartial decisions based on law & scientific facts.[/list]Might doctors be wrong? of course this can happen. Might a judge make a bad decision? Of course this can happen (& does far too often).
It's worse than the doctors being "wrong." It's that the doctors' philosophy that empiricism is paramount and should trump spiritual concerns that is the problem. There is no provable "right" position in the clash between empirical science and theological issues of spiritual salvation when the theology sees a conflct.
If the debate were over "which is more likely to result in the child's survival", THEN the doctors would have a point. The goal of "life" is not just to live to a miserable, but ripe old, age. Worse sttill, in our law we have a clear mandate to respect religion, and we do not have any clear mandate to respect a technocratic ideal.
Freedom of religion is a right. Freedom of doctors to do what is in your best interests no matter what you or your legal guardians may say and no matter what the philsophical differences that led to your disagreement, that is not a right anywhere on Earth.
From a theological standpoint, it would be preferable for the child to die and go to heaven, than live and go to Hell. Sio unless the doctors have (i) a cure for spiritual transgression (in which case the kid can both have the medical care and not suffer any adverse religious consequences) or (ii) a cure for religious liberty (in which case the parents and child's right not to have their religion denigrated by State action is gone), I do not see why their wishes matter more than anyone else's. (Including random people on the street...the doctors do not love the kid more than his parents do...and the law no where makes them the de facto guardians of anyone as a result.)
They have an informed opinion, and no legal or long term emotional tie to that child, so why put them in charge. Again, if we all agreed that "longer life" was the one and only point of concern, they should be in charge, but there are competing factors outside the purview of the medical profession and as to which no right or wrong answer exists. You might as well have an investment adviser take his client to court to prevent the client from making charitable donation. The adviser can no doubt prove that the client can "earn more" by investing the money rather than giving it away. If "maximizing earnings" were the rubric by which we determined who should make the decision, then we'd likely have to always side with the investment adviser. That is not the end all/be all test, of course, and we all recognize that philosophical and spiritual concerns can make other goals served by charitable donation *more* important than the hard financial facts. In this case, though, the aura of empiricism trumps all other philosophical concerns. That is good for science...not so much for the notion of "freedom."
If a "psychic healer" said that exorcism would cure the kid, should the psychic have a right to take the kid's parents to court? Of course not. What's the difference? It's that the psychic is not promoting a scientific viewpoint, and so therefore we are all comfortable ignoring it. At least in the U.S., the Constitution mentions nothing about science trumping religion, and yet there are prohibitions against the State taking action that interferes with religious freedom.
I don't see that anyone has offered a coherent reason why the basic principles of religious liberty and parental autonomy cease to apply in this case, or why religious liberty isn't at issue when the obvious conclusion that can be drawn from the court's decision is either "this religion is wrong" or "we reserve the right to risk your child's spiritual health, because the body is more important...and your religion is wrong in that it disagrees."
If you can disregard these fundamental principles here, why can't the state interfere with parents who, say, raise obese children? There is no religious interest involved in that, just parental autonomy, so that must be an easier case.
Liberty is nothing more than the right to agree with the judge and the doctors, in this case.