An Amish couple who are in hiding with their daughter plan to pursue their legal arguments to make healthcare decisions for her, even if judges allow a court-appointed guardian to withdraw from a campaign to put her through cancer treatments.
Andy and Anna Hershberger are appealing a court decision that allowed the guardian to step in. The Amish couple said they were not objecting to the treatment for religious reasons but because they believe the chemotherapy was killing 11-year-old Sarah. Meanwhile, the guardian says she cannot contact the family and has asked to withdraw from the case.
The Hershbergers say assigning a guardian to have the final say robbed them of their constitutional rights. They are appealing under the Ohio Health Care Freedom Amendment that voters approved in 2011. The amendment prohibits any law from forcing Ohioans to participate in “a healthcare system”.
The appeal marks the first time a court has been asked to determine the scope of the amendment, which was largely thought to be a symbolic vote against President Barack Obama’s healthcare overhaul, under the Affordable Care Act.