About that Cuban boy, Elian Message Board

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Politics : About that Cuban boy, Elian

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To: The Barracuda™ who wrote (4924)	5/12/2000 10:55:00 AM
From: lawdog	Read Replies (1) of 9127

X, I have the highest respect for Federal judges and Judge Edmondson is no exception. I must take exception with this analogy: "it is not uncommon for courts to rule that the best interests of a child override parental rights, comparing the 6-year-old boy to children whose parents reject medical care for religious reasons. It's not that the parents are insincere Taking this analogy at face value, Elian should, therefore, be less likely to survive in Cuba. However, as Juan Miguel stated on 60 minutes, in Cuba you don't have to worry about paramilitary youths shooting classmates with semi-automatic machine guns, and health care and most essentials are provided free of charge. It's not the same as denying a crtitically wounded or ill child medical care. Elian will not physically die or suffer irreprepable bodily harm if he returns to Cuba. You can argue that without "freedom" in America he may as well be dead, or that a part of Elian will "die" if he returns to Cuba. But that is not sufficient for the analogy to work. Elian must suffer some serious bodily injury (the courts would not otherwise overrule a parent's autonomy) or be guranteed to suffer such bodily harm. It is a matter of degree. Without a near certainty of physical death, the analogy is just simply innapropriate. The Judge is giving Juan Miguel credit for making a decision on where he and Elian should live (as opposed to being on Castro's string) but is disagreeing with the prudence of Jaun's decision. I find this disturbing. If the courts plan to start deciding the geographic locations a parent can and cannot raise a child, we are going to be much closer to living under the exact system the exiles fear. Is a parent's decision to live in east L.A. (or any potentially dangerous area) really the same as denying their child medical care? Good luck finding any legal precedent on that one Judge Edmondson.

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