The lawyer for an Indianapolis woman accused of beating her 7-year-old son with a coat hanger, causing 36 bruises and welts, argues she is protected by Indiana’s Religious Freedom Restoration Act.

The arguments made on behalf of Kin Park Thaing didn’t persuade Judge Kurt Eisgruber, who refused on Aug. 18 to dismiss felony child abuse charges, the Indianapolis Star reports. Eisgruber set an October trial dial, according to the Star and the Chicago Tribune.

Greg Bowes, the lawyer for Thaing, had cited the religious freedom law in a July 29 court filing. Court documents cite scripture and argue that a parent who “spares the rod, spoils the child.”

Prosecutors responded that the alleged beating went beyond religious instructions, and Indiana has a compelling interest in preventing child abuse that outweighs her asserted religious right.

Bowes also cited cultural differences in the case, but said Thaing, a Burmese refugee, has completed a parenting class and is willing to adapt. Thaing’s children were taken by child welfare officials after she was arrested in February.

Bowes also says Thaing is protected by a 2008 Indiana Supreme Court decision (PDF) that overturned the felony conviction of a woman who used a belt or electrical cord to discipline her 11-year-old son. Indiana University law professor Jennifer Drobac told the Star that the case gave parents wide latitude in determining appropriate discipline.