Earlier this month, Howard rejected defense arguments that prosecuting the parents violated their constitutional rights to freedom of religion and due process.

“The free exercise clause of the First Amendment protects religious belief, but not necessarily conduct,” Howard wrote in a 20-page decision.

The sole issue for a jury to decide is whether the parents reasonably knew that refusing to rush the girl to a doctor threatened her with death, Howard wrote.

via Trial for prayer death back on track | greenbaypressgazette.com | Green Bay Press-Gazette.

The rub here, of course, is the conduct of the parents.  Yes, they may believe that praying to a sky faerie might save their daughter, but reality, science, and medicine say otherwise.  Therefor their conduct goes beyond the rationality of real medicine that could have easily saved their daughter’s life.  Again-I’ve said it before-this IS murder by Dogma.