UPDATE: As of this report filed at 1:21PM, Judge Sets Aside Court Order For Cancer Patient
A judge has set aside a court order requiring a 16-year-old cancer patient to report to a hospital for treatment over his objections. A juvenile court judge had ordered Starchild Abraham Cherrix and his parents to report to a Norfolk hospital by one p.m. today, and denied a stay of that order. But the Circuit Court judge scheduled a hearing for noon to consider a request to take over the case and grant the stay.If this report is accurate, I think this means that Abraham has been given an opportunity for an appeal and will not have to report for treatment. This is indeed good news for Abraham and his family. Stay tuned.
According to the a recent news report, Abraham is determined to defy the court order to undergo chemotherapy.
Their attorney filed a request for a stay of the order yesterday. According to the Times Dispatch the request "was denied, but the hearing in the circuit court gives the teen another chance to delay the original ruling." According to the same report, Bob McDonnell the Attorney General has filed a brief supporting Abraham Cherrix.
Speaking in Virginia Beach Monday evening before an appearance on Fox News Channel, Abraham Cherrix, 16, and his father, Jay Cherrix told Your NewsChannel 3 they will not report to Childrens' Hospital of the King's Daughters by a court-ordered deadline of 1p.m. Tuesday afternoon. Instead, the family will be in conference with an Accomack County Circuit Court judge asserting their right to a brand new trial.
If the Circuit Court upholds the lower court's ruling, Cherrix' parents may be held in contempt of court. That means Cherrix' parents could face additional charges or perhaps jail time.
Abraham's father, Jay Cherrix, is prepared for the consequences of violating the court order.
"I'm not going to be an obstacle to my son. If a judge wants to throw me in jail, then he's going to have to do that."
How is Abraham handling all this? Abraham said,
"I should be concentrating on my recovery. This case is taking me away from that."If the state truly has the best interest of the child, then let's pray the judge does the right thing today and stays the order.
Fox News has provided a partial transcript of an interview on "Hannity & Colmes," July 24, 2006, that has been edited for clarity. ,
Cal Thomas offers his thoughts at Town Hall:
Abraham CHERRIX: I'm not going to receive chemotherapy, no matter what. This is my body, the body that God gave to me and in the Bible it says for me to take care of this body. It's my temple.
And I believe strongly that I have the right to take and do with my body as I please o do with it, because if you don't — are not able to do with your body what you want to, then you have no rights whatsoever.Every single family in America has the right o reach the decision on their own, and each and every family is at risk if this person is not allowed to do that.
Jay Cherrix (father): Every single family in America has the right to reach the ecision on their own, and each and every family is at risk if this person is not allowed to do that.
If a young child (say 10, or younger) is unduly influenced by parents who are members of a religion that teaches that faith alone can heal, or prohibits blood transfusions, then the state has an interest in stepping in to protect the child until he, or she, is old enough to make an informed choice. But in this case, the informed one appears to be Cherrix, who says he has studied his options, experienced the treatment given by his doctors and doesn't want anymore of it. He prefers "alternative medicine." That should be his and his parents' right to determine, not a social worker and a court.Abraham's website: Abraham's Journey
For more quotes and information on Abraham Cherrix case at SpunkyHomeschool click on the links below. There are many excellent questions and points made in the comments:
Abraham Cherrix - Update
Fan Mail (Ongoing discussion)
Judge Orders Chemo For Abraham (ongoing discussion)
Pray This Never Happens to You
Others Blogging About Abraham:
The Rebelution (Excellent coverage by two young men about Abraham's age.)
Boomer Chick (Blogger knows the family personally. )
Respectful Insolence (Blogger who thinks the judge made a good decision.)
Corn and Oil
I'll update as news becomes available.
Related Tags: Abraham Cherrix, Starchild Abraham Cherrix, home schooling, home education, homeschooling