Ben Johnson

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

Ben Johnson
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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.”

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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.”

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Michael Lorsch, the real-life gay stripper hired by Canadian children's charity, Free the Children.
Anthony Esolen Anthony Esolen Follow Anthony

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So, a gay stripper walks into a top children’s charity and asks for a job…

Anthony Esolen Anthony Esolen Follow Anthony
By Anthony Esolen

This week I'm taking a break from my essays on how to form in your children a wholesome moral imagination.  Instead I'd like to engage my readers in a fantasy of decadence.

Let's suppose that a prominent child-oriented charity in a once Christian nation hires somebody to meet with teenagers to encourage them to be “shameless idealists.”  Imagine that the pedagogue is a male stripper for a gay ho-down called Boylesque. 

At the Boylesque webpage, suppose you find a Mountie in a passionate kiss with a lumberjack, who is holding a bottle of beer foaming over. “Imagine your dearest Canadian icons,” say the Boylesque promoters, “stripped down and slathered in maple syrup for your viewing pleasure!”

Free the children? Teach them to blush. It's a good start.

The page features “Ray Gunn,” the Canadian “Mount-Me Police,” a rousing rendition of “O Canada” to make you “stand at attention,” an ad for a Valentine celebration of “debauch” at “our den of iniquity,” somebody named “Bruin Pounder,” somebody else named “Sigourney Beaver,” some stars of a “bisexual-athon,” and so forth. 

Imagine third-rate puns, puerile fascination with the parts down under, dopey titillation, debauchery, and “putting male nudity at center stage where it belongs.”

Now, let's see, what else can we add to this eye-rolling story? Suppose the boy-man who strips at Boylesque at night, after he works with girls and boys during the day, calls himself Mickey D Liscious. Let's give him an absurdly bogus education - a major in Sexuality Studies. Suppose the people who run the charity do more than look demurely aside from Mickey's mooning and lighting. They name him Rookie of the Year.

Now, to complicate the plot, suppose that people catch on to Mr. Liscious' nightly swinging, and complain to the charity. The directors say what cannot possibly be true.  They say they do not “discriminate” on the basis of what their employees do after hours. We presume that although whores and nudie wigglers may be welcome, people who write for conservative magazines would not be welcome, or embezzlers, pickpockets, bookies, loan sharks, dogfight promoters, or peddlers of contraband sealskin. The line has to be drawn somewhere. Prudence is a virtue. After all, we're dealing with boys and girls here. A priest who says, “Men and women are meant for one another, in marriage,” is to be shunned, but not somebody who simulates sex in front of hooting and howling strangers.

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Let's add the icing to the fantasy. We'll call the charity Free the Children, and we'll suppose that Free the Children encourages Mr. Mickey D Liscious to tell teenagers to be “shameless idealists.” 

Of course, everything in this tawdry and silly fantasy is fact. You can't make it up. No one would believe it.

You might suppose that I'd criticize Free the Children for its choice of Cool Child Companion, saying that he is the wrong boy to tell boys and girls to be “shameless idealists.” Mr. Liscious, for his part, believes that what he does at night and what he does during the day are of a piece, greasing the grooves and pistons of change. I take him at his word. He's right, and the directors of Free the Children agree. It's our turn to try to figure out what they mean.

By “idealist,” Mr. Liscious and his promoters do not mean “someone who believes that the immaterial is more real than the material.” Mickey is not giving lectures on Plato's Republic. They also do not mean, colloquially, “someone who believes in a high standard of personal virtue,” since such standards would deprive Boylesque of all those boys who like “a dirty flashmob” and “a Tim Horton's double-double served straight up.” They cannot mean that, because shame is what people with a strong sense of virtue often feel when they behave in a base or cowardly way.

The best they can mean is “unembarrassed promoters of some idea,” some fantasy of perfection upon earth, the Big Rock Candy Mountain, the dictatorship of the proletariat, a “better world,” and other gauzy dreams that earn you points at a beauty contest, while you tilt your head like a poodle and modulate your voice for caring and sharing. 

And all I can say is that the last hundred years have been stuffed to the eyeballs with shameless idealists: shameless ideologues. They had an idea, or an idea had them, and shame on them for it. The more wicked among them had names like Lenin, Stalin, Trotsky, Hitler, Pol Pot, and Khomeini. The more foolish had names like Harold Laski, who carried water for Lenin; Beatrice Webb, who carried water for Stalin; and Neville Chamberlain, who made a nice little pact with Hitler and proclaimed “Peace in our Time.”

Wilson was an idealist whose ideas got the better of his prudence and shame. We paid for that idealism in a crushed and belligerent Germany. The flower people of the sixties were idealists who scoffed at “hangups.” They could gaze upon the stars and sing about the Age of Aquarius, while their children looked to the empty place at table where Daddy or Mommy used to sit. Margaret Sanger was a shameless idealist. Hospital dumpsters are full of the result. 

We have had enough of shamelessness and foolish wars against reality.  

You cannot make “the world” a better place. The world is the world, old and stupid. Man is a sinner, and worst when he forgets that he is. That's not to say that you should sit and do nothing. Do the dishes. Read a good book. Be kind to your bothersome neighbor. Darken the church door and bend your knee in prayer.

Accept reality, and do the hard and unheralded work of cultivating virtue. Children are imprudent because they lack experience. Let them learn prudence from their elders. It takes no courage to follow the dreamy fad of the day, and children are suggestible. Let them learn the courage to resist the foolish and ephemeral. Children are often intemperate, because they're full of energy and so are given to hasty action and violent passions. Let them master and marshal their passions by subordinating them to right reason. Children see the world in stark oppositions of just and unjust. Let them keep their strong sense of justice, but let them temper it with the mercy that comes from acknowledgment of sin. Let shame instruct them in clemency.

Deny reality, dive deep into vice, and you will be a slave. Free the children? Teach them to blush. It's a good start.

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Florida Attorney General Pam Bondi
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‘I am just getting started’: Florida AG vows to defend marriage despite rulings

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By Dustin Siggins

Florida Attorney General Pam Bondi is not backing down in her effort to defend the state's marriage amendment, even in the face of five judicial decisions against it.

On Thursday, the same day that U.S. District Judge Robert Hinkle ruled the state's amendment was unconstitutional, Bondi told reporters that her continued defense of marriage was related to her "oath to defend the Constitution of the state of Florida."

"When I was sworn in as attorney general, the 37th attorney general of the state of Florida, I took an oath," continued Bondi. “Six years ago, by over 62 percent of the vote, the voters of this state put [the ban on same-sex marriage] into our Constitution. That is part of the Constitution, which I am sworn to uphold."

Bondi acknowledged Hinkle's ruling in her comments, including his "stay" of the ruling, and said that her continued defense of the law "is me doing my job as attorney general. And I will continue to do that and if anybody wants me to moderate my message or stand for less, I have a message for them: I am just getting started.”

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

Bondi has taken fire for her defense of the state law. Critics point to her two divorces and a recent trip she took with her fiance as evidence of a double-standard, and in May she was heavily criticized for saying overturning the state's law would "impose significant public harm.” Same-sex "marriage" advocates took the comments as evidence that Bondi believes heterosexual relationships are superior to homosexual relationships.

Shortly after the uproar over Bondi's May statement, State Solicitor General Allen Winsor said in a statement that “Florida is harmed whenever a federal court enjoins enforcement of its laws, including the laws at issue here.”

“Florida’s voters approved a constitutional amendment, which is being challenged, and it is the attorney general’s duty to defend Florida law," he added.

Numerous studies, most prominently one done by Mark Regnerus in 2012, show that the best environment for children is that which consists of a married heterosexual couple.

Bondi joins a number of state attorneys general from both parties who are defending their state laws. Some Democratic attorneys general, perhaps most prominently Virginia's Mark Herring, have said they will not defend their state's marriage laws.

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Shock: UK mom abandons disabled daughter, keeps healthy son after twin surrogacy

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By Pete Baklinski

A UK woman who is the biological mother of twins born from a surrogate mom, has allegedly abandoned one of the children because she was born with a severe muscular condition, while taking the girl's healthy sibling home with her.

The surrogate mother, also from the UK — referred to as "Jenny" to protect her identity — revealed to The Sun the phone conversation that took place between herself and the biological mother over the fate of the disabled girl.

“I remember her saying to me, “She’d be a f****** dribbling cabbage! Who would want to adopt her? No one would want to adopt a disabled child,’” she said.

Jenny, who has children of her own, said she decided to become a surrogate to “help a mother who couldn’t have children.” She agreed to have two embryos implanted in her womb and to give birth for £12,000 ($20,000 USD).

With just six weeks to the due date, doctors told Jenny she needed an emergency caesarean to save the babies. It was not until a few weeks after the premature births that the twin girl was diagnosed with congenital myotonic dystrophy.

When Jenny phoned the biological mother to tell her of the girl’s condition, the mother rejected the girl.

Jenny has decided along with her partner to raise the girl. They have called her Amy.

“I was stunned when I heard her reject Amy,” Jenny said. “She had basically told me that she didn’t want a disabled child.”

Jenny said she felt “very angry” towards the girl’s biological parents. "I hate them for what they did.”

The twins are now legally separated. A Children and Family Court has awarded the healthy boy to the biological mother and the disabled girl to her surrogate.

The story comes about two weeks after an Australian couple allegedly abandoned their surrogate son in Thailand after he was born with Down syndrome, while taking the healthy twin girl back with them to Australia.

Rickard Newman, director of Family Life, Pro-Life & Child and Youth Protection in the Diocese of Lake Charles, called the Australian story a “tragedy” that “results from a marketplace that buys and sells children.”

“Third-party reproduction is a prism for violations against humanity. IVF and the sperm trade launched a wicked industry that now includes abortion, eugenics, human trafficking, and deliberate family fragmentation,” he said. 

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