Hilary White, Rome Correspondent

IVF and the ‘right’ to be a parent: the child as an expensive lifestyle accessory

Hilary White, Rome Correspondent
Hilary White, Rome Correspondent
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ROME, April 26, 2012 (LifeSiteNews.com) – One thing has become abundantly clear since the development of a global, multi-billion dollar artificial procreation industry: children are now regarded as luxury commodities, very expensive ones, and they had better measure up to the expectations of customers. This assumption was bolstered the other day with the announcement in the UK from the Human Fertilisation and Embryology Authority (HFEA) that the numbers of single women and lesbians receiving IVF treatment has tripled in the last five years.

Some years ago, I was launched into the pro-life movement when I took an interest in the ethics and debates surrounding what were then still called the New Reproductive Technologies, in vitro fertilisation, artificial insemination etc. At the time, 2002 or so, the Canadian government was considering legislation to regulate the activities already ongoing in labs across the country, and I was put in charge of organising the fight at Campaign Life Coalition against that insidious bill.

I won’t go into the details of that long battle, but suffice to say that we lost, resoundingly. All the efforts of the national pro-life lobby could not crack the determination of the very powerful and wealthy industry, and, as usual, their helpers in the media, to ensure that the billion dollar artificial procreation business was well protected in Canadian law. That the precise same pieces of legislation were being produced in nearly every other country in the west at the time, with precisely the same wording, was not lost on us. IVF and related activities are a gigantic global industry based on one mistaken, and deadly, philosophical assumption: that there is such a thing as a “right” to be a parent.

The failure to mitigate the damage of that bill was a disaster for Canadian society because it contributed mightily to a terrifying shift in the basic understanding of one of the foundational institutions of any human society: the relationship between parents and children. During that period, a massive paradigm change was undertaken in Canadian society, indeed, in nearly every society in the western world, from the presumption that the child is a gift, given into the care of a family, to the concept that the child is an object upon which individuals exercise their “right to parenthood”.

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With the advent of human control over fertility, first with the Pill and legalised abortion, and now with IVF clinics serving as expensive baby boutiques, we have changed that basic paradigm to focus solely on the desires of the parents. All our notions of sex, parenthood and family are now permanently wedded to our personal physical and emotional self-gratification. In other words, we now have both child-proof sex and manufactured children in order to satisfy our various desires for personal fulfillment. It is the final achievement of the sexual revolutionaries: the reduction of persons to the status of things.

Since the global legalisation of artificial procreation techniques, this terrifying shift has become manifest again and again in laws and regulations around the world. The news from the HFEA is only the latest demonstration.

The Christian Institute recalls that in 2008, this government regulator changed the rules on IVF, removing the requirement for clinics to “consider the child’s need for a father” before granting access to IVF, focusing instead on the need to show the availability of “supportive parenting”. 

The article http://www.christianconcern.com/our-concerns/bioethics/big-increase-in-single-and-lesbian-women-receiving-ivf goes on to note some of the voluminous research showing that children really do need both parents, a mother and a father, to thrive and succeed in life. A 2011 report from the Centre for Social Justice concluded that a child growing up without both parents was “75% more likely to fail at school, 70% more likely to become a drug addict, 50% more likely to have an alcohol problem and 35% more likely to be unemployed as an adult”.

Andrea Minichiello Williams, CEO of Christian Concern, an Evangelical lobby group, said, “All of the evidence shows that children prosper the most when they have a married mother and a father. Government policy needs to recognise the importance of the role of fathers and of stable marriages.”

But what we have to understand as pro-life and pro-family people, is that these studies are meaningless under the new paradigm. The priority is not the needs of children. Our society has definitively accepted (in Canada, explicitly in the law) that children are, essentially, not persons. Traditionally, in law a person is something that is protected for his own sake, who has rights of his own and who cannot be bought or sold or killed; as opposed to a thing that is protected only for the sake of others and that can be killed on a whim.

With the advent of legalised abortion, a child can be killed at the whim of the mother, reducing him to the legal status of a chattel object; at best, a lower ranking person, whose needs are always superseded by the needs, rights and even desires of adults. The acceptance and legalisation of artificial procreation simply takes the logic to its next step, saying that a thing that can be destroyed at will can now also be manufactured at will.

This is why it is irrelevant to the HFEA that children genuinely need two parents to thrive. Single women and lesbians, they believe, have a “right to be parents” and this right takes precedent over any other consideration. That this change has dramatically increased the customer base for the IVF industry seems to have gone unnoticed, or at least unmentioned, by the people making the laws.

While we were fighting the Canadian legislation, the main gist of the pro-life argument was that it would tend to create precisely this new outlook toward children. We treat commodities completely differently from the way we treat a dependent person for whom we have responsibility. A luxury good exists for the customer. It must meet the customer’s specifications and if it does not, it can, and ought to be discarded and exchanged for another. This is certainly reflected in IVF, including the creation and selection of many embryos, the concept of “selective reduction” in which “extra” children are aborted and many other common practices of the trade.

Some years before the legislation passed, CBC taped a program on IVF highlighting the campaign of a group of would-be parents to get the national health service to pay for their IVF treatments. During that interview one of the campaigners said, “We have a right to be parents”. It was the first time this was publicly articulated so bluntly, but the CBC interviewer did not make the next point, that if there is such a things as a right be a parent, there must, by definition, be a right to have a child. Not the right, mind you, to do the things that people have always done that may result in a child, but a right to the child himself, to acquire him.

It only stands to reason therefore, that it would be a short jump to making sure the child is the right sort in terms of sex and in good condition in terms of freedom from disease or deformity. If you are going to spend $10,000 a pop on buying this very expensive commodity, to which you have this putative “right,” you also have a right to get a good one. One that is not defective, and will fulfill the purpose of the transaction.

People can be confused by the objection of pro-life movement, and the Catholic Church, to IVF. Isn’t the whole point that we want people to have babies?

Actually no. What we want is for the laws to treat babies like people. IVF is merely the next step in a long progression of massive societal changes, fundamental changes in our outlook, that reduce babies, and by extension all people, to the status of things.

When we made these arguments in Parliament, perhaps due to the massive change in outlook that had already occurred 30 years before with legalised abortion, we were shouted down. The idea that children could be “commodified” was absurd, ridiculous.

We were told that we were standing in the way of progress, that IVF would be the solution to the terrible suffering of infertility. It was even suggested that IVF could solve the looming population crisis. The Church leaders, even those who were with us in principle, mostly shrugged, saying that the practises were ongoing already and at least the legislation would “regulate” them. And besides, we were assured, once the law is in place, it can be amended, improved, as the situation and the science advances.

Now, ten years on, we have selective reduction, “wrongful birth” lawsuits, sex-selection, and eugenic screening of “designer babies”. The concept of the child as an expensive lifestyle accessory is cemented in the global consciousness in the west. And sometimes I regret being Cassandra.


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Quebec groups launch court challenge to euthanasia bill

LifeSiteNews staff
By LifeSiteNews staff

As announced when the Quebec legislature adopted Bill 52, An Act respecting end-of-life care, the citizen movement Living with Dignity and the Physicians’ Alliance against Euthanasia, representing together over 650 physicians and 17,000 citizens, filed a lawsuit before the Superior Court of Quebec in the District of Montreal on Thursday.

The lawsuit requests that the Court declare invalid all the provisions of the Act that deal with “medical aid in dying”, a term the groups say is a euphemism for euthanasia. This Act not only allows certain patients to demand that a physician provoke their death, but also grants physicians the right to cause the death of these patients by the administration of a lethal substance.

The two organizations are challenging the constitutionality of those provisions in the Act which are aimed at decriminalizing euthanasia under the euphemism “medical aid in dying”. Euthanasia constitutes a culpable homicide under Canada’s Criminal Code, and the organizations maintain that it is at the core of the exclusive federal legislative power in relation to criminal law and Quebec therefore does not have the power to adopt these provisions.

The organizations also say the impugned provisions unjustifiably infringe the rights to life and to security of patients guaranteed by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. They further infringe the right to the safeguard of the dignity of the person, which is also protected by the Quebec Charter.

In view of the gravity of the situation and the urgent need to protect all vulnerable persons in Quebec, they are requesting an accelerated management of the case in order to obtain a judgment before the Act is expected to come into force on December 10, 2015.


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Colorado baker appeals gvmt ‘re-education’ order

LifeSiteNews staff
By LifeSiteNews staff

A Colorado cake artist who declined to use his creative talents to promote and endorse a same-sex ceremony appealed a May 30 order from the Colorado Civil Rights Commission to the Colorado Court of Appeals Wednesday.

The commission’s order requires cake artist Jack Phillips and his staff at Masterpiece Cakeshop to create cakes for same-sex celebrations, forces him to re-educate his staff that Colorado’s Anti-Discrimination Act means that artists must endorse all views, compels him to implement new policies to comply with the commission’s order, and requires him to file quarterly “compliance” reports for two years. The reports must include the number of patrons declined a wedding cake or any other product and state the reason for doing so to ensure he has fully eliminated his religious beliefs from his business.

“Americans should not be forced by the government – or by another citizen – to endorse or promote ideas with which they disagree,” said the cake artist’s lead counsel Nicolle Martin, an attorney allied with Alliance Defending Freedom. “This is not about the people who asked for a cake; it’s about the message the cake communicates. Just as Jack doesn’t create baked works of art for other events with which he disagrees, he doesn’t create cake art for same-sex ceremonies regardless of who walks in the door to place the order.”

“In America, we don’t force artists to create expression that is contrary to their convictions,” added Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. “A paint artist who identifies as homosexual shouldn’t be intimidated into creating a painting that celebrates one-man, one-woman marriage. A pro-life photographer shouldn’t be forced to work a pro-abortion rally. And Christian cake artists shouldn’t be punished for declining to participate in a same-sex ceremony or promote its message.”

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In July 2012, Charlie Craig and David Mullins asked Jack Phillips, owner of Masterpiece Cakeshop, to make a wedding cake to celebrate their same-sex ceremony. In an exchange lasting about 30 seconds, Phillips politely declined, explaining that he would gladly make them any other type of baked item they wanted but that he could not make a cake promoting a same-sex ceremony because of his faith. Craig and Mullins, now represented by the American Civil Liberties Union, immediately left the shop and later filed a complaint with the Colorado Civil Rights Division. The case now goes to the Colorado Court of Appeals as Masterpiece Cakeshop v. Craig.

“Jack, and other cake artists like him – such as those seen on TV shows like ‘Ace of Cakes’ and ‘Cake Boss’ – prepare unique creations that are inherently expressive,” Tedesco explained. “Jack invests many hours in the wedding cake creative process, which includes meeting the clients, designing and sketching the cake, and then baking, sculpting, and decorating it. The ACLU calls Jack a mere ‘retail service provider,’ but, in fact, he is an artist who uses his talents and abilities to create expression that the First Amendment fully protects."

Celebrity cake artists have written publicly about their art and the significant expressive work that goes into the artistic design process for wedding cakes.


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Prisoner of conscience Mary Wagner appeals her conviction

Tony Gosgnach
By Tony Gosgnach

TORONTO -- As promised, Mary Wagner has, through her counsel Dr. Charles Lugosi, filed a formal notice of appeal on numerous points regarding her recent, almost two-year-long court case that ended on June 12.

Justice Fergus O’Donnell of the Ontario Court of Justice rejected every application made by the defence – including for access to abortion center records, public funding, standing for a constitutional challenge and for expert witnesses to be heard – before he found Wagner guilty and sentenced her to five months in jail on a charge of mischief and four months on four counts of failing to comply with probation orders.

He further levied two years of probation, with terms that she stay at least 100 metres away from any abortion site. However, because Wagner had spent a greater time in jail than the sentence, she was freed immediately. She had been arrested at the “Women’s Care Clinic” abortion site on Lawrence Avenue West in Toronto on August 15, 2012 after attempting to speak to abortion-bound women there. She then spent the duration of the trial in prison for refusing to sign bail conditions requiring her to stay away from abortion sites.

Wagner is using the matter as a test case to challenge the current definition of a human being in Canadian law – that is, that a human being is legally recognized as such only after he or she has fully emerged from the birth canal in a breathing state.

Wagner’s notice states the appeal is regarding:

  • Her conviction and sentence on a single count of mischief (interference with property),
  • Her conviction and sentence on four counts of breach of probation,
  • The order denying public funding,
  • The order denying the disclosure of third-party records,
  • The order denying the admission of evidence from experts on the applicant’s constitutional challenge concerning the constitutional validity of Section 223 of the Criminal Code,
  • The order denying the admission of evidence from experts concerning the construction of Section 37 of the Criminal Code,
  • The probation order denying Wagner her constitutional rights to freedom of speech, freedom of expression, freedom of conscience and freedom of religion on all public sidewalks and public areas within 100 metres of places where abortions are committed,
  • And each conviction and sentence and all orders and rulings made by O’Donnell.

In the notice of appeal, Lugosi cites numerous points on which O’Donnell erred:

  • He denied Wagner her constitutional right to make full answer and defence.
  • He denied Wagner her right to rely on Section 37 of the Criminal Code, which permits “everyone” to come to the third-party defence and rescue of any human being (in this case, the preborn) facing imminent assault.
  • He decided the factual basis of Wagner’s constitutional arguments was a waste of the court’s time and that no purpose would have been served by having an evidentiary hearing on her Charter application because, in the current state of Canadian law, it had no possibility of success.
  • He misapplied case law and prejudged the case, “giving rise to a reasonable apprehension of bias and impeding the legal evolution of the law to adapt to new circumstances, knowledge and changed societal values and morals.”
  • He accepted the Crown’s submission that it is beyond the jurisdiction of the courts to question the jurisdiction of Parliament legally to define “human being” in any manner Parliament sees fit.
  • He ruled Section 223 of the Criminal Code is not beyond the powers of Section 52 of the Constitution Act, 1982.
  • He ruled Section 223 of the Criminal Code does not violate the Preamble to, as well as Sections 7, 11(d), 15 and 26, of the Charter of Rights and Freedoms.
  • He denied Wagner standing to raise a constitutional challenge to the validity of Section 223 of the Criminal Code.
  • He ruled that Section 223 of the Criminal Code applied generally throughout the entire Criminal Code and used it to deny unborn human beings the benefit of equal protection as born human beings under Section 37 of the Criminal Code.
  • He denied the production and disclosure of third-party records in the possession of the “Women’s Care Clinic” abortion site, although the records were required to prove Wagner was justified in using reasonable force in the form of oral and written words to try to persuade pregnant mothers from killing their unborn children by abortion.
  • He denied Wagner the defence of Section 37 of the Criminal Code by ruling unborn children did not come within the scope of human beings eligible to be protected by a third party.
  • He ruled Wagner did not come within the scope of Section 37 because she was found to be non-violent (in that she did not use physical force).
  • He ruled the unborn children Wagner was trying to rescue were not under her protection.
  • He denied Wagner the common-law defences of necessity and the rescue of third parties in need of protection.
  • He denied Wagner public funding to make full answer and defence for a constitutional test case of great public importance and national significance.
  • He imposed an unconstitutional sentence upon Wagner by, in effect, imposing an injunction as a condition of probation, contrary to her constitutional rights of free speech, freedom of expression, freedom of conscience and freedom of religion.

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Among the orders Lugosi is seeking are:

  • That an appeal be allowed against conviction on all counts and that a verdict of acquittal be entered on all counts,
  • That Section 223 of the Criminal Code be found unconstitutional  and contrary to Section 52 of the Constitution Act, 1982, as well as the unwritten constitution of Canada,
  • That the sentence be declared unconstitutional and contrary to Section 52 of the Constitution Act, 1982, and the unwritten constitution of Canada or that a new trial be conducted, with Wagner permitted to make full answer and defence, be given standing to make a constitutional attack on Section 223 of the Criminal Code, with the admission of expert witnesses,
  • That the Women’s Care Clinic abortion site be made to produce third-party records pertaining to patients seen on August 15, 2012 (when Wagner entered the site),
  • And that there be public funding for two defence counsels at any retrial and for any appeal related to the case.

No date has yet been established for a decision on the appeal or hearings.

A defence fund for Wagner’s case is still raising money. Details on how to contribute to it can be found here.


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