An Indianapolis woman who beat her 7-year-old son with a coat hanger is citing Indiana’s religious freedom law as a defense against felony child abuse charges, saying her choice of discipline comes straight from her evangelical Christian beliefs.
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Specifically, Indiana’s controversial law, officially called the Religious Freedom Restoration Act of 2015, says that the state can not intrude upon a person’s religious liberty unless the state has a compelling interest to do so.
The alleged abuse took place in February, when, according to court documents, Thaing said she was trying to keep her son from hurting her 3-year-old daughter.
Welts and bruises cover a seven year old boy’s arms, back and neck.
Thaing’s lawyer Greg Bowes argues that the state shouldn’t interfere with her right to raise her offspring in a way she believes is appropriate.
It also cited verses from Proverbs 23:13-14: “Do not withhold discipline from a child; if you strike him with a rod, he will not die”. In essence, the RFRA prevents the government from interfering with an individual’s religious liberty unless there’s a compelling reason to do so.
In a brief opposing the motion to dismiss, Marion County Deputy Prosecutor Matt Savage argued that state law does not protect Thaing from prosecution.
Thaing said she caught her son doing something that could have endangered his younger sister.
Indiana’s religious objections law was signed previous year by Republican Gov. Mike Pence, now Donald Trump’s running mate. If a priest was arrested for serving the wine, he could claim in court that his religious freedom was burdened.
“I was anxious for my son’s salvation with God after he dies”, Thaing told the court according to the Indianapolis Star.
But nothing in the law specifically mentions parenting and the statute hasn’t yet been substantially tested in the courts. The court overturned the conviction of a woman who had used an electrical cord on her child. She allegedly hit both children and told them to pray for forgiveness. The teacher saw red welts on the boy and reported the observations to police and child welfare officials. “I don’t know, that’s why we have juries”, said veteran defense attorney, Jack Crawford.
Thaing’s attorney is also claiming that cultural differences should also factor into his client’s behavior, and she has already completed a parenting class as a part of a dismissed civil case.
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What might be perceived as a crime in IN may be considered parenting in Myanmar, said Elaisa Vahnie, the executive director of the Burmese American Community Institute in Indianapolis. That’s very normal, ‘ she said. Thaing’s jury trial is scheduled for October 19.
