CHILD,‭ ‬is an advocacy group that is headed by Rita Swan,‭ ‬a former Christian Scientist,‭ ‬whose son died due to Christian Science treatment for meningitis.  The original Medicare law was overturned in August of‭ ‬1996,‭ ‬and Attorney General Janet Reno removed Justice Department lawyers from defending the case because she did not think Medicare should pay for nonmedical services.

In the spring of‭ ‬1997,‭ ‬Senator E.‭ ‬Kennedy‭ (‬D-Mass‭) ‬and Senator Orrin Hatch‭ (‬R-Utah‭) ‬worked together for an amendment to the Balanced Budget Act of‭ ‬1997‭ ‬that allowed Medicare to pay for‭ “‬religious nonmedical health care institutions.‭” (‬RNHCI‭)  ‬Also included in this amendment,‭ ‬all references to Christian Science were removed,‭ ‬so the law could apply to other religious groups as well.  CHILD as well as civil libertarians and medical groups have filed briefs opposing the payments as well as a suit in the‭ ‬8th U.S.‭ ‬Circuit Court of Appeals in Minneapolis.  ‭ ‬In‭ ‬2000,‭ ‬the‭ ‬8th U.S.‭ ‬Circuit Court ruled that the Medicare and Medicaid payments are legal and in April‭ ‬2001,‭ ‬the U.S.‭ ‬Supreme Court turned down the appeal without comment,‭ ‬therefore allowing the‭ ‬2000‭ ‬ruling to stand.

Virginia S.‭ ‬Harris,‭ ‬spokesperson for the Christian Science Church,‭ ‬has addressed this issue in written statements:‭ "‬Christian Science nursing facilities offer a loving and supportive atmosphere to patients requiring physical nursing care,‭ ‬who wish to experience transformation and healing.  These facilities provide a great service to society.‭"  ‬Attorneys for the church stress that Christian Scientists have paid into the Medicare system and that federal funds pay for the physical care of the patients.  

One attorney for the church,‭ ‬Michael W.‭ ‬McConnell,‭ ‬who also is a constitutional law professor at the University of Utah and not a Christian Scientist,‭ ‬has stated:‭  "‬It's awfully difficult to say in the context of Medicare or Medicaid that the federal government is endorsing Christian Science‭… ‬It's hard to see how anyone is made better off by denying them nursing care,‭ ‬given that they aren't going to be accepting medicine anyway.‭ ‬It's an act of ideologically motivated cruelty.‭ ‬If the court were to strike it down,‭ ‬it would be a rather extraordinary blow to religious accommodation in this country.‭"‬

An administrator of a Christian Science facility,‭ ‬Lynn House,‭ ‬Lois E.‭ ‬Herr stated:‭  "‬Our patients have paid into Medicare for years,‭ ‬and they should have some benefit from it.‭”  ‬At this facility,‭ ‬Medicare in‭ ‬1999‭ ‬paid‭ ‬$300-a-day for each Medicare patient and this constituted half of the facility’s yearly revenue.  Lastly,‭ ‬a concern with federal funding of these facilities is that these church facilities are exempt from governmental hospital and nursing home regulations.‭ ‬

In addition to the federally funded Medicare and Medicaid concerns the Christian Science Church has been involved with,‭ ‬lawsuits targeting the church with child endangerment have also been filed.

The Supreme Court clearly recognized the distinct personhood and moral standing of children when it stated,‭ ‬in‭ ‬Prince v.‭ ‬Massachusetts:‭ “‬Parents may be free to become martyrs themselves.