Brain death, religious freedom, and public policy: New Jersey's landmark legislative initiative

Kennedy Inst Ethics J. 1991 Dec;1(4):275-92. doi: 10.1353/ken.0.0068.


"Whole brain death" (neurological death) is well-established as a legal standard of death across the country. Recently, New Jersey became the first state to enact a statute recognizing a personal religious exemption (a conscience clause) protecting the rights of those who object to neurological death. The Act also mandates adoption through the regulatory process of uniform and up-to-date clinical criteria for determining neurological death.

MeSH terms

  • Advisory Committees
  • Brain Death / legislation & jurisprudence*
  • Clinical Protocols
  • Cultural Diversity*
  • Government Regulation
  • Judgment
  • New Jersey
  • Personal Autonomy
  • Religion and Medicine*
  • Resource Allocation
  • Social Values*
  • Tissue and Organ Procurement
  • Withholding Treatment