Ben Johnson

,

Alabama Supreme Court in landmark ruling: ‘each person has a God-given right to life’

Ben Johnson
Ben Johnson
Image

MONTGOMERY, ALABAMA, February 17, 2012, (LifeSiteNews.com) – In a landmark legal case that established the right of a mother to sue if her unborn child wrongfully dies before viability, today the Alabama State Supreme Court unanimously ruled that “each person has a God-given right to life.”

A concurring opinion issued by four judges specifically stated that Roe v. Wade‘s viability standard “should be rejected by other states until the day it is overruled by the United States Supreme Court.”

Amy Hamilton sued after doctors repeatedly failed to administer ultrasounds. When an eventual ultrasound showed her child was unusually small and had developed a small fold at the back of his neck – a possible sign of severe anemia and hydrops, which can cause congestive heart failure – she requested to be referred to a perinatologist at another clinic but was refused. 

On March 10, 2005, her son was stillborn.

A lower court had ruled that, since the child had not yet reached the stage that it could survive outside the womb, she could not pursue a wrongful death claim “for the death of [her] non-viable fetus.”

Today, the Alabama Supreme court’s Hamilton v. Scott ruling rejected that understanding, which was based on Roe v. Wade.  Instead, it cited the 1973 Alabama Supreme Court decision Wolfe v. Isbell, which ruled “that from the moment of conception, the fetus or embryo is not a part of the mother, but rather has a separate existence within the body of the mother.”

In footnote three, the justices quoted the Alabama state constitution before concluding that its “words, borrowed from the Declaration of Independence…affirm that each person has a God-given right to life.”

Click “like” if you want to end abortion!

In his concurring opinion joined by three fellow justices, Justice Tom Parker stated, “I write separately today…to emphasize the diminishing influence of Roe‘s viability standard,” which he described as “arbitrary,” “incoherent,” “based on inaccurate history,” and “mostly unsupported by legal precedent.”

“Medical advances since Roe have conclusively demonstrated that an unborn child is a unique human being at every stage of development,” he wrote. As such, the belief that women should not be able to sue if their unborn child is below an ever-changing medical standard “should be universally abandoned” and “rejected by other states until the day it is overruled by the United States Supreme Court.”

Upon learning of the seminal decision, the ABA Journal wrote, “An Alabama justice known for his conservative stands is using a woman’s wrongful death case over a stillborn fetus to question the viability standard in Roe v. Wade.”

But pro-life attorneys greeted the decision – which does not have a direct impact directly upon abortion – as a step toward the full recognition of an unborn child’s humanity and value in the eyes of the law.

“Women do not begin loving their children only at an arbitrary line of viability and suffer great loss whenever they lose their child,” Casey Mattox, Alliance Defense Fund senior counsel told LifeSiteNews.com. “That anyone could believe the Constitution would prevent a woman from seeking justice for the loss of her unborn child just demonstrates how wrong the Roe decision is.” Mattox is a native Alabamian who once clerked at the Alabama Supreme Court.

Ben DuPre, an attorney at the Foundation for Moral Law and director of the Personhood Alabama Project, said this would not overturn or even challenge Roe, since Justice Parker’s was not the majority opinion. Yet he felt the decision “lays a very important precedent here in Alabama for the right of unborn children.”

The Foundation for Moral Law was founded by former Alabama Supreme Court Justice Roy Moore, who became nationally famous for his defense of publicly displaying the Ten Commandments. Justice Parker once served as Special Projects Director at the foundation. 

Dana Cody, the president and executive director of the Life Legal Defense Foundation, told LifeSiteNews.com she has long said “Roe is on a collision course with itself, because of advances in science. I hope courts will start looking at the science” when determining the moment life begins, she said.

“From the moment of conception and at all stages of development in the womb, the unborn child is a human being,” Mathew Staver, the founder and chairman of Liberty Counsel, wrote in a statement e-mailed to LifeSiteNews. “The life expectancy of Roe is limited and is being undermined by every other area of law and medicine.”

DuPre said he hoped states would heed the legal reasoning of the court’s ruling and codify its respect for unborn life into law. “States like Alabama should be able to recognize the unique, separate, human life that is an unborn child,” he told LifeSiteNews.com.

“Now, it’s incumbent upon our state to build upon this and to pass legislation that builds upon it to protect unborn life.”

He said he and others support “a constitutional amendment, or even a state statute, that would recognize the unborn child as a person under the law.”

Truth. Delivered daily.

Get FREE pro-life, pro-family news delivered straight to your inbox. 

Select Your Edition:


Share this article

Advertisement
Featured Image
Cardinal Gerhard Ludwig Müller, prefect of the Vatican's Congregation for the Doctrine of the Faith
Thaddeus Baklinski Thaddeus Baklinski Follow Thaddeus

Vatican pressing forward with reform of US feminist nuns: Cardinal Müller

Thaddeus Baklinski Thaddeus Baklinski Follow Thaddeus
By Thaddeus Baklinski

Cardinal Gerhard Ludwig Müller, prefect of the Congregation for the Doctrine of the Faith, says the Vatican is pressing forward with plans to reform the U.S.-based Leadership Conference of Women Religious (LCWR).

In an interview published in the Vatican newspaper L’Osservatore Romano, the cardinal said that the reform of the LCWR, which was undertaken after an assessment of the group found serious doctrinal problems, will be carried out with the goal of helping them "rediscover their identity.”

“Congregations have no more vocations and risk dying out," Müller said. "We have first of all tried to reduce hostility and tensions, partly thanks to Bishop Sartain whom we sent to negotiate with them; he is a very gentle man. We wish to stress that we are not misogynists, we are not women gobblers! Of course we have a different concept of religious life but we hope to help them rediscover their identity.”

Moreover, the cardinal said that problems specific to the LCWR are not a reflection of all the women religious in the US.

"We need to bear in mind that they do not represent all US nuns, but just a group of nuns who form part of an association,” Müller said.

“We have received many distressed letters from other nuns belonging to the same congregations, who are suffering a great deal because of the direction in which the LCWR is steering their mission.”

Cardinal Müller's remarks confirmed the assertion he and the Holy See’s delegate to the LCWR, Archbishop Peter Sartain of Seattle, made in an address to LCWR officials in Rome on April 30, that the theological drift the feminist nuns are taking constitutes a radical departure from the foundational theological concepts of Catholicism.

The Holy See “believes that the charismatic vitality of religious life can only flourish within the ecclesial faith of the Church,” Müller said in the address.

Click "like" to support Catholics Restoring the Culture!

“The LCWR, as a canonical entity dependent on the Holy See, has a profound obligation to the promotion of that faith as the essential foundation of religious life. Canonical status and ecclesial vision go hand-in-hand, and at this phase of the implementation of the Doctrinal Assessment, we are looking for a clearer expression of that ecclesial vision and more substantive signs of collaboration,” he stated.

The LCWR has openly defied the mandate of reform intended to bring their organization into line with basic Catholic doctrine on the nature of God, the Church, and sexual morality.

Among the CDF’s directives, to which LCWR has strenuously objected, is the requirement that “speakers and presenters at major programs” be approved by Archbishop Sartain. This, Müller has explained, was decided in order to “avoid difficult and embarrassing situations wherein speakers use an LCWR forum to advance positions at odds with the teaching of the Church.”

The LCWR has invited speakers to their Annual Assembly such as New Age guru Barbara Marx Hubbard, and Sr. Laurie Brink, who is particularly noted for flagrantly denying the Divinity of Christ and telling the sisters that to maintain their “prophetic” place in society they need to “go beyond” the Church and even “go beyond Jesus.”

In one of the first public statements of his pontificate, Pope Francis affirmed that the investigation and reform of the LCWR must continue.

Share this article

Advertisement
Brian Fisher

Birth mothers: real heroes of the pro-life movement

Brian Fisher
By Brian Fisher
Image

What does it mean to be brave? Is it the doctor who dedicates himself to improving the health of a third-world nation? Is it the woman who faces her third round of chemotherapy to fight the progression of cancer? Is it the teacher who forgoes the comforts of a suburban school to reach minorities in the inner city? All of these are examples of bravery demonstrated in exceedingly challenging circumstances. And our society longs for stories of bravery to inspire us and fill us with hope.

As someone who works day in and day out with those on the front lines of helping rescue babies from abortion, I’m no stranger to stories of bravery. I see courage every day in the eyes of the men and women who sacrifice their time and energy to help women facing unplanned pregnancies. I see it every time a young mom — despite being pressured by her parents or significant other to get an abortion — chooses LIFE. And perhaps more profoundly than in any other situation, I see it when an expectant mom with no relational support, job, or income chooses to place her baby for adoption rather than abort her son or daughter.

This was Nicky’s situation.

When Nicky found herself pregnant with her boyfriend’s child, her life was already in shambles. During her 26 years, Nicky had already given birth to and surrendered sole custody of a little girl, committed several felonies, lived in her car, lost several jobs, and barely subsisted on minimum wage. So when she met up with an old boyfriend, Brandon, Nicky believed she was being given a second chance at happiness. “Our first year together was beautiful. We were getting to know each other and deciding if we would stay together forever.” Unfortunately, a positive pregnancy test result changed everything.

“When I told him I was pregnant, Brandon sat down on the bed, looked me in the eyes, and told me to ‘get an abortion’.” Nicky says those three little words changed everything for her. “I became depressed living with someone who wanted his child ‘dealt with.’”  Like thousands of women every day, Nicky began searching online for information on abortion, hoping her boyfriend would eventually change his mind. Through our strategic marketing methods, Online for Life was able to guide Nicky to a life-affirming pregnancy center where she received grace-filled counsel. “The woman I sat with was beyond wonderful. She helped me to just breathe and ask God what to do….And so I did.”

Nicky left the pregnancy center that day with a new resolve to choose life for her child, even though she still wasn’t sure how she’d financially support a child. “I was alone with just $10 in my pocket…and without any type of plan for what I was going to do.” So Nicky relied on the support of the staff she met at the life-affirming pregnancy center. With their help and through a chain of fortunate events, Nicky was put in contact with the couple who would eventually become her daughter’s adoptive parents.

Click "like" if you are PRO-LIFE!

After meeting this couple face to face and coming to terms with her own desperate situation, Nicky conceded that the best thing for her unborn child would be to place her in someone else’s loving home. She told Brandon about her plans and he agreed that adoption would give their child the best chance at a happy and secure future. He even returned home to help Nicky prepare for the birth of their child. “The weeks leading up to my delivery were filled with a mixture of laughter, tears, protectiveness and sadness,” Nicky recalls. But one sentiment continued to be shared with her. “Brave…so brave.” That’s what everyone from the life-affirming pregnancy center to the adoption agency to the birthing center kept calling Nicky. “The nurses kept coming up to me and telling me they were honored to care for and treat someone like me.” After several weeks of preparation, Nicky finally gave birth to a healthy baby girl, and she made the dreams of a couple from the other side of the country come true.

Nicky’s adoption story continues to be riddled with a strange combination of pain and joy. “I cry every day, but I know my baby, who came out of a very bad time, ended up being loved by people from across the country.” When asked what message she’d like to share with the world about her decision to give up her child for adoption, Nicky responds, The voice of the mother who gives up a baby for adoption isn’t heard. We need to change that.”

To learn more about Online for Life and how we’re helping to make stories like Nicky and her daughter’s story a possibility, please visit OnlineforLife.org.

Author, speaker, and business leader Brian Fisher is the President and Co-Founder of Online for Life, a transparent, metric-oriented, compassion-driven nonprofit organization dedicated to helping rescue babies and their families from abortion through technology and grace.

Share this article

Advertisement
Featured Image
Dustin Siggins Dustin Siggins Follow Dustin

,

New York farmers stop hosting weddings after $13,000 fine for declining lesbian ceremony

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

New York farmers Robert and Cynthia Gifford, who were ordered last week to pay $13,000 for not hosting a same-sex "wedding," say they are closing that part of their operation.

"Going forward, the Giffords have decided to no longer host any wedding ceremonies on their farm, other than the ones already under contract," said Alliance Defending Freedom (ADF) lawyer James Trainor. ADF represented the Giffords in their legal fight against New York's non-discrimination law.

Last week, the Giffords were ordered to pay a $10,000 fine to the state of New York and $3,000 in damages to a lesbian couple, Jennifer McCarthy and Melisa Erwin, who approached them in 2012 about hosting their "wedding." The Giffords, who are Roman Catholic, said their religious convictions would not let them host the ceremony, but that McCarthy and Erwin could hold their reception on their property.

Unbeknownst to the Giffords, the lesbian couple recorded the two-to-three minute conversation. After declining to hold the reception on the Giffords' farm, on which they live and rent property, the lesbian couple decided to make a formal complaint to the state's Division of Human Rights.

Eventually, Judge Migdalia Pares ruled that the Giffords' farm, Liberty Ridge Farm, constitutes a public accommodation because space is rented on the grounds and fees are collected from the public. The Giffords argued that because they live on the property with their children, they should be exempt from the state law, but Pares said that this does not mean their business is private.

Click "like" if you want to defend true marriage.

Trainor told TheBlaze that the Giffords' decision to end wedding ceremonies at Liberty Ridge “will hurt their business in the short run," but that was preferable to violating their religious beliefs.

“The Giffords serve all people with respect and care. They have hired homosexual employees and have hosted events for same-sex couples,” he said.

However, "since the state of New York has essentially compelled them to do all ceremonies or none at all, they have chosen the latter in order to stay true to their religious convictions," Trainor explained to LifeSiteNews. "No American should be forced by the government to choose between their livelihood and their faith, but that’s exactly the choice the state of New York has forced upon the Giffords."

"They will continue to host wedding receptions," said Trainor.

Advertisement

Customize your experience.

Login with Facebook