Albert Mohler

Where did I come from? – it’s no longer a simple question

Albert Mohler
By Albert Mohler
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January 3, 2011 (AlbertMohler.com) - At some point, anticipated and even feared by some parents, every child asks the inevitable question: “Where did I come from?” That question is endemic to humanity. The question of our own biological origins is eventually inescapable. Our existence requires an explanation, and the question takes bold form. The answer used to be easy.

That is, the answer was easy in terms of biology. In some form, the answer took the shape of a story about two people, one male and one female, who came together and made a baby. Mommy and Daddy made a baby. That story was both true and universal. For most of human history, there was no alternative account. The answer given by parents in 1960 was the same as that given in 1060 or in any previous year.

All that changed with the biological revolution and the emergence of new reproductive technologies. The development of In Vitro Fertilization technologies [IVF] came only after human beings grew accustomed to reproductive control through The Pill. If medical technologies could be harnessed to avoid pregnancy, surely new technologies could allow couples to have long-wanted children who had not come by natural means.

The public was assured that the use of these technologies would not bring about a moral revolution, since the availability of these new technologies would be limited to married couples. But, of course, this was a false promise, and it should have been seen as such from the start. The Pill was at first prescribed only for married couples, but the plain fact is that a far greater demand for contraceptives existed among the non-married. By the early 1970s, The Pill was available to all.

The same story applied to the use of IVF, as well. If there were thousands of potential users among married couples, these were vastly outnumbered by non-married persons and non-heterosexual couples. The development of IVF and the revolutions made possible by egg and sperm donation and surrogate motherhood made parenthood, though redefined, now available to virtually any adult and any couple.

This revolution is portrayed movingly in the January 2, 2011 cover story of The New York Times Magazine. In “Meet the Twiblings,” Melanie Thernstrom provides an account of how she and her husband became parents to babies Violet and Kieran, who appear adorably on the cover of the magazine. The cover text also contains this teaser: “How four women (and one man) conspired to make two babies.”

As Thernstrom acknowledges, this is a complicated story. The two babies were born five days apart. They shared a common egg donor (obtained commercially) and a common sperm donor (Thernstrom’s husband, Michael). But they were carried by two different surrogate mothers. Genetically they are siblings, but they emerged from two different wombs. They were born five days apart, but they are not really twins. Thernstrom calls them “twiblings.”

She writes movingly of her efforts, with Michael, to have a child. After six IVF rounds and clear medical advice, the Thernstroms moved to develop a new plan, but the plan required a great deal of thinking. The pull of the new reproductive technologies was clear, as was the revolution these technologies represent. She writes, “Reproductive technology fills an important — and growing — need. Gay couples are increasingly choosing to have families. Eight percent of women between 40 and 44 identify themselves as involuntarily childless or hoping to become pregnant, according to a Pew report. Most women in that age bracket will be able to become pregnant only by using donor eggs.”

Melanie and Michael wanted siblings of about the same age to grow up as companions. IVF twins were more dangerous, so Michael came up with the idea of using two surrogates to deliver two babies at about the same time.

Thernstrom’s account of the complexities of the decision-making process is fascinating, but what many readers may miss is the basic fact that virtually all of these decisions were absolutely unknown to previous generations of humanity. Would they choose an egg donor who looked like Melanie? The Thernstrom’s were more interested in personality attributes, even if these are hard to define in genetic terms. They eventually chose a donor with a “delightful” personality.

They also chose the surrogate mothers with care. Melanie noted that moral concerns about surrogacy came from both liberals and conservatives, if on different grounds. She chose two women who, made pregnant with the embryos created by the donor eggs and Michael’s sperm, carried the Thernstrom’s reproductive hopes, as well.

Melanie and Michael referred to these babies as “drafts.” In her words, they did this “to remind ourselves that they were notes toward the children we wanted, but if they died, they were just beginnings like all the embryos had been, and we would start again.”

Kieran was born first, with Violet arriving five days later. Both are adorable and healthy. The roles of the surrogate mothers did not end with the births, however, for the Thernstroms — against the prevailing advice — chose to maintain a relationship with the surrogates and the egg donor.

Interestingly, Melanie Thernstrom seems to see the complexity of these births as somewhat advantageous. “I wanted to avoid what I think of as the claustrophobia of the nuclear family,” she explains. She refers to the web of relationships required by this process as “a kind of extended family.”

She also acknowledges the ambiguities created by these new technologies. “Third-party reproduction creates all kinds of relationships for which there are not yet terms,” she explained. “For example, there is no word to describe the relationship between our children and the carriers’ children, but it feels to me that they are, somehow, related. They are gestational siblings; they don’t share a mother, father or genes, but they were carried in the same body and they learned its fathomless chemical language.”

Furthermore:

There is also no word to describe our children’s relationship with each other. Our children were born five days apart — a fact that cannot be easily explained. When people press me about their status (“But are they really twins?”), the answer gets long. The word “twins” usually refers to siblings who shared a womb. But to call them just “siblings” instead of “twins” also raises questions because full genetic siblings are ordinarily at least nine months apart. And our children could be considered the same age because they were conceived at the same time (in the lab) and the embryos were transferred at the same time. If the person continues to quibble about whether they really qualify as twins (as, surprisingly, people often do), instead of asking why it matters, I announce airily that they are “twiblings.”

Barely a week before, pop icon Elton John and his partner, David Furnish, “had” a baby boy. The Guardian [London] explained that the baby came “with the help of an anonymous Californian surrogate and a separate egg donor.” The birth of the baby boy, named Zachary Jackson Levon Furnish-John, created something of a stir in the British press, but the main issue of concern seemed to be the fact that Elton John is 62 and David Furnish is 48. The issue of homosexuality was so politically incorrect that age appeared to be the only factor of interest. Zoe Williams of The Guardian went so far as to proclaim that the whole event added up to the fact that “homophobia is dying.”

It is as if we are now living on a new planet — one in which all the natural boundaries of sex and reproduction have been left behind. The technologies of reproduction are redefining sex, marriage, relationships, family, and the human story. Humanity is rushing headlong into a world in which the answer to the question, “Where did I come from?,” can be endlessly complicated. We have no adequate categories for explaining the relationship of little Kieran and Violet and all those who “conspired” to bring them to be. We read the birth announcement of Zachary Jackson Levon Furnish-John, and we know that the most important moral questions are already off-limits.

An entire industry now operates with a global reach, offering these reproductive technologies to virtually anyone with the cash to pay. You can count on reproductive technologies expanding as a growth industry.

The theological and moral implications of all this are endless and urgent, but the technologies rush ahead. For Christians, the most urgent issue is the total separation of natural marriage from the process of human reproduction that is made possible by these technologies. The moral complexities surrounding Kieran and Violet Thernstrom and their “extended family” are vexing. We naturally sympathize with a married couple who so desperately desires a child, but the discussion of the life choices that lead so many couples of advanced age to desire to have children now, rather than earlier, are culturally off-limits.

And the birth of Zachary Jackson Levon Furnish-John to an aging pop singer and his same-sex partner is just a sign of things to come. The question, “Where did I come from?,” may well emerge as one of the most haunting questions of our times.

This article reprinted with permission from AlbertMohler.com


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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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