Page:Cude v. State, 237 Ark. 927 (1964).pdf/7

] In the early case of Reynolds v. U. S., 98 U. S. 145, the issue was whether a Mormon who believed in polygamy was immune from the operation of the statute forbidding the practice of multiple marriage. There, the court said: ". . . the only question which remains is, whether those who make polygamy a part of their religion are excepted from the operation of the statute. If they are, then those who do not make polygamy a part of their religious belief may be found guilty and punished, while those who do, must be acquitted and go free. This would be introducing a new element into criminal law. Laws, are made for the government of actions, and while they cannot interfere with mere religious belief and opinions, they may with practices. Suppose one believed that human sacrifices were a necessary part of religious worship, would it be seriously contended that the civil government under which he lived could not interfere and prevent a sacrifice? Or if a wife religiously believed it was her duty to burn herself upon the funeral pile of her dead husband, would it be beyond the power of the civil government to prevent her carrying her belief into practice?"

In cases too numerous to mention, it has been held, in effect, that a person's right to exhibit religious freedom ceases where it overlaps and transgresses the rights of others. We cite a few cases upholding the validity of statutes requiring vaccination, and affirming orders of courts authorizing blood transfusions, etc. In Re Whitmore, 47 N. Y. Supp. 2d 143; vaccination of school child. Sadlock v. Board of Education, 58 A. 2d 218; vaccination of school child. State v. Perricone, 181 A. 2d 751; giving blood transfusion to infant. New Braunfels v. Waldschmidt, 207 S. W. 303; vaccination of school child. Mosier v. Barren County Board of Health, 215 S. W. 2d 967; vaccination of school child, Board of Education of Mountain Lakes v. Maas, 152 A. 2d 394; vaccination of school child. In Re Clark, 185 N. E. 2d 128; blood transfusion for three year old child.

This court said in Seubold v. Ft. Smith Special School District, 218 Ark. 560, 237 S. W. 2d 884: "In