Turning a blind eye to the biases of modern society, death directly impacts everyone on all seven continents, disregarding race, religion, financial status, or any other category that can define a human. Of the 55.3 million people who succumb to death annually, most are disposed of in conjunction with their beliefs while alive, or by the wishes of their next of kin based off cultural customs. Yet, within the United States, medical examiners, or forensic pathologists have no obligation to act in accordance with these customs if the state has “sufficiently compelling interest.” (Renteln, 2001). With the utilization of medicalized postmortem examinations, many religious minorities see these invasive procedures as the mutilation of the corpse that …show more content…
Through American legislation passed over time, these rights have been defined favoring the government’s pursuit of the truth.
Historically, the state has been viewed as a bureaucratic entity that attempts to restrict the individual’s rights in order gain governmental control. To combat this power struggle, the United States Constitution was established to define and guarantee unalienable rights for all legal citizens. Throughout history, the exact denotation of this doctrine has come into question, allowing for the public to take one of two stances on a person’s rights upon death. The two competing theories consist of “the Dead are Gone” and “the Dead are With Us” (Mulgan, 1999). Regarding the thought of “the Dead are Gone” it is believed that those who are not living have no autonomy, and therefore are unable to practice these freedoms, opposed to “the Dead are With Us,” where the deceased are affected by the fate and actions of the living and have rights that must be protected from injustices (Muglan, 1999). The United States manifests the …show more content…
Though no laws directly demonstrate the restraints of freedoms the dead possess, this has been established through societal norms. Regardless of physical condition, the public accepted dignity as a fundamental characteristic that could be displayed by both the living and the dead. Commonly seen within American culture, “it is possibly to violate the dignity of the dead, by slandering the dead person or by spitting on his or her grave” (Nordenfelt, L, 2004). This prominent belief instills that these corpses deserve respect and dignity even when deceased. Defined by the Merriam-Webster as the quality or state of being worthy, honored, or esteemed, dignity can directly translate to the acceptance of cultural practices. Respecting a person’s religion not only qualifies as honoring who they were, but equates to valuing their character and dignity. Through this partnership, minorities connect the first amendment right in which “Congress shall make no law respecting an establishment of religion or prohibition the free exercise thereof” (U.S. Const, Amend, I) to the liberties of the dead. This does not strictly define a finite relationship, but expands the possibility that these constitutional rights of exercising religious freedom apply to the dead and because of this possibility, families can pursue