Rants 'n' Raves: Blood May Flow

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Re: Feds Want Hacker's Genetic Code
By Kevin Poulsen
From: Abi Kleinsmith

I read your article about the hacker unwilling to donate blood for religious reasons. You list that Jehovah's Witnesses do not undergo blood testing. In fact, this is false. We do not donate or accept blood for medical reasons, but we are perfectly fine with our blood being tested for genetic reasons. In fact, I am one of Jehovah's Witnesses and plan on going into the field of genetics.

I just wanted to point out this error to you, as well as the fact that if this man hacked into The New York Times, he clearly must not apply the principles of our religious beliefs, as most of us do.

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Re: Feds Want Hacker's Genetic Code
By Kevin Poulsen
From: Casey Williams

Just a quick note that the claim that Jehovah's Witnesses have had issues with giving blood sounds suspicious to me, but I suppose it's possible since it seems someone will take offense to just about anything these days. But I just wanted to let you know that the religion has nothing against giving blood. It only takes issue with taking blood or certain blood components in the form of a transfusion.

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Re: Feds Want Hacker's Genetic Code
By Kevin Poulsen
From: Michael Vose

Thank you for reporting on this event. However, regarding your reference to some Jehovah's Witnesses opposing blood tests for alcohol content, this is not the belief or practice of Jehovah's Witnesses.

It is possible you may be referring to the defendant in the case, www.wisbar.org/res/capp/2003/02-2681.htm. This defendant was not confirmed to be one of Jehovah's Witnesses at his trial. In fact, the court recognized that his other actions at that time were in conflict with his claim of membership.

Likewise, Mr. Lamo's actions, indicate that his beliefs, whatever they may be, do not agree with the beliefs and practices of Jehovah's Witnesses.

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Re: Feds Want Hacker's Genetic Code
By Kevin Poulsen
From: Elisha Kusen

Your article claimed "In prior court cases, members of the Jehovah's Witnesses have registered opposition to blood tests for alcohol content, based on certain passages in the Bible."

What cases, date and venue were these? If you do not have specific case numbers and dates, what is the source of this allegation?

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Re: Feds Want Hacker's Genetic Code
By Kevin Poulsen
From: George Vincent

Your story speaks of court cases where a Jehovah's Witness attempted to use their beliefs to avoid a blood alcohol test. Do you have a legal reference to that?

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Editor Kevin Poulsen responds:

My point in noting these cases was to report that there is a precedent for refusing phlebotomy on religious grounds, and the fact is the only easily-located cases of this kind involve self-proclaimed Jehovah's Witnesses. In one of those cases the court explicitly found that it didn't matter that the defendant's beliefs fell outside that church's core doctrine.

Miller next argues that a forcible blood draw over religious objections is unconstitutional. In Schmerber v. California, 384 U.S. 757(1966), the United States Supreme Court acknowledged that there might be a"few who on the grounds of fear, concern for health, or religious scruple" would prefer some other test rather than having blood drawn.Id. at 771. Miller argues that by claiming to be a Jehovah's Witness, he put himself in this category. The question of whether Jehovah's Witnesses actually have any doctrinal objection to blood draws as opposed to transfusions is not dispositive since heretics have the same right to religious freedom as orthodox members of their church.

State of Wisconsin v. Robert H. Miller, Wisconsin Court of Appeals 02-2681-CR (2003)

The defendant, 20 years of age, together with his mother (who arrived on the hospital scene), refused the blood test on, inter alia, religious principles, stating that they (Jehovah's Witnesses) believed that the giving up of blood was contrary to their religion. Although this Court always believed the Jehovah creed only prevented accepting of foreign blood, I shall assume arguendo that the statement is in conformity with that creed, or some division of it, for purpose of this discussion.

People v. Sukram, 539 N.Y.S.2d 275 (N.Y. Dist. Ct. 1989)

Kevin Poulsen

Senior editor, Wired News

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