God V. the Mitigation of Damages Doctrine: Why Religion Should Be Considered a Pre-Existing Condition

I. INTRODUCTION II. CASE AND LEGAL BACKGROUND OF ISSUE A. Background on the Mitigation of Damages Doctrine and Religious Choices B. Mitigation of Damages, Beliefs, and Religion 1. Two Significant Cases 2. Individualized Assessments for Benefits C. Lack of a Realistic Solution III. HOW RELIGIOUS BELIEFS FIT AS A PRE-EXISTING STATE OF THE PLAINTIFF A. What is a Pre-Existing Condition? 1. Mental Conditions 2. Physical Conditions 3. Combination and Other Conditions B. Religion as a Pre-Existing Condition." The Body and Belief IV. POLICY CONSIDERATIONS FOR EXTENDING THE THIN-SKULL DOCTRINE A. Pre-Existing Condition Debate B. Government Recognition of the Conscientious Objector C. Treating Religion as a Pre-Existing Condition Passes Constitutional Muster 1. The Ballard Test Met 2. The Smith and Sherbert Tests Met V. CONCLUSION I. INTRODUCTION According to the 2004-2005 United States Census Bureau Statistical Abstract of the United States, Americans identify with at least thirty-five different self-described Christian religious groups. (1) Of those Christian groups, there are at least four that have special tenets regarding medical treatment that are central to their religious beliefs. Together, members of the Jehovah's Witnesses, Church of God, Pentecostal Free Will Baptist Church, and Christian Science Church constitute slightly more than four-and-a-half percent of the United States's total population. (2) Jehovah's Witnesses represent the most well known group with such prohibitions on their members' conduct. This group recognizes the importance of modern medicine, and its members receive treatment as most Americans do, with one exception: (3) Jehovah's Witnesses believe it is a sin to receive a blood transfusion, including one's own recycled blood, (4) or to use most types of blood products. (5) Abstaining from these treatments is so important to Jehovah's Witnesses that most of them carry a medical emergency card indicating they explicitly do not consent to such treatment should they be unable to be consulted in the event such treatment may be deemed necessary. (6) The Free Exercise Clause of the United States Constitution requires physicians to respect this request. (7) Unlike the Jehovah's Witnesses, some other religious groups have a different view. Specifically, Christian Scientists believe that faith healing is the only true medicine. (8) Members of this group believe prayer is the best treatment for ailments. (9) Members can pray for themselves or may call upon a Christian Science practitioner for prayerful assistance. (10) The Pentecostal Free Will Baptist Church (PFWBC) is another minority Christian group that believes in divine healing. This faith believes that "the Bible teaches that the healing provided in the atonement is both spiritual and physical." (11) Members of the PFWBC believe "it is God's highest will for His people to anoint, lay hands on, and pray for the healing of the sick." (12) Nevertheless, although this faith believes "the Bible teaches that there is nothing morally wrong with taking medicine, or receiving human aid, if one is not able to fully trust the Lord," (13) by receiving medical treatment, the logical conclusion is that one who accepts such treatment does not fully trust the Lord. Unfortunately, even though the First Amendment of the United States Constitution (14) was designed on our founders' beliefs that religious freedom and the freedom to exercise one's religion were of chief importance, (15) our courts systematically discriminate against members of these minority Christian religions for exercising those very rights. (16) While it is commonly accepted that individuals have the right to practice these medically restrictive tenets, (17) courts still punish plaintiffs by forcing them, when tortiously injured, to choose between what the majority considers "reasonable" and their own religious convictions. …