ABSTRACT

Conflicts over brain death determinations in the United States, both those that gain media attention and others that fly under the radar, can emerge from a faith-based insistence on the application of cardiac criteria seen as more consistent with ‘God’s will.’ This chapter explores the tension between medicine and some religious traditions by considering these conflicts in the wider context of American politics and the influence of conservative faith communities over public policies related to healthcare. Special attention is paid to the three American states (New York, California, and New Jersey) that have either regulatory or statutory mandated accommodations for religious objections to brain death. A very different history of religious objections to brain death in other countries highlights the uniqueness of the battles being waged over fundamental values related to death in the U.S. and leads to a more nuanced understanding of biomedical authority, constitutional protections, and decisions at the end of life.