Nebraska Supreme Court upholds law requiring infant blood testing

Friday, March 25th 2005, 12:42 pm

By: News On 6

LINCOLN, Neb. (AP) _ The Nebraska Supreme Court upheld a state law Friday that requires mandatory blood testing of newborn babies, rejecting an appeal by a couple who said it violates their religious beliefs.

Josue and Mary Anaya brought the case after being ordered by a judge in December 2003 to submit their newborn, Rosa, to the metabolic test. The Anayas, who are fundamental Christians, said the test infringed on their rights and could shorten the life of their baby.

However, Supreme Court Judge John Wright wrote that the testing law ``does not unlawfully burden the Anayas' right to freely exercise their religion, nor does it unlawfully burden their parental rights.

``There is no evidence that the state had an anti-religious purpose in enforcing the law,'' Wright said. ``Early diagnosis allows for prevention of death and disability in children.''

The Anayas' lawyer, Amy Mattern, did not immediately return a telephone call Friday.

State health officials have argued that the test, which consists of pricking an infant's heel to draw five drops of blood, is necessary to detect and treat metabolic disorders such as thyroid malfunctions that can result in severe mental retardation and sickle-cell anemia.

In ordering the test, Douglas County District Judge Patricia Lamberty noted that the U.S. Constitution gives parents the authority to make decisions concerning the care, custody and control of their children without unwarranted state intrusion.

She said, however, that states can intervene if they have a compelling governmental interest, in this case, preventing diseases.

Thirty-three states provide some sort of exception for people who object to the blood tests based on religious beliefs. Five states, including Nebraska, have no such exception.