Of Gods and Courts and Life

Deborah Venable

03/28/05

 

Question:  Is anyone not aware of the Terri Schiavo case?  Answer:  Probably fewer than could be counted a week ago. 

 

So the awareness has been raised, but what about the understanding?  I am not encouraged as debate about this case takes on a rhetoric that is typically political and analytically more and more sophomoric in the points being made and ignored.  When I first started following Terri’s struggle – and I insist on calling it that and not “case” from here on – something told me that it would be a precedent setting issue in our society for years to come.  Recent actions have only supported that belief. 

 

If you listen to the talking head interviews of supposed legal “experts” you will come away with the same knowledge that you could have acquired by keeping your ears open in high school history and government classes, but little more than that.  Hence my branding of the rhetoric, “sophomoric.”  These folks have the irritating tendency to talk down to their adult audiences.  Anytime the media seems to side with the human element of such issues, they dilute any positive outcome with negative academic admonishments.  While the “stories” are compiled supposedly with the intent to shed light on the plight of individual humans, they are tempered with the expert opinions on Constitutional law as it conflicts with individual plights.  Excuse me!  Isn’t the groundwork of our whole system of Constitutional law based in securing the rights of individuals?  Just asking.

 

I have heard people say that Congress and the courts are being asked to “step in” to a personal issue in a way that they have never been asked before.  Nothing could be further from the truth.  Both branches have consistently been asked to rule on issues that affect individuals, and in turn all of society for years to come, many times before.  They do it without batting an eye!  They always have.  In such cases where one body tries try to exert power over the other, the plight of the individual is left by the wayside while the entities wage the battle of interpretation of law, sometimes rewriting law in the attempt to interpret it.  While it is true that all three branches of government have at one time or another been involved in Terri’s struggle, none of the three have absolutely postulated an indisputable defense for individual rights.  The interpretation, legislation and execution of Constitutional law in this country seems to care more for the preservation of each government entity in its current condition that they do for the preservation of individual rights to be served under them. 

 

Personal opinion paints the very definition of individual life and its quality, so it is no wonder that disagreement ensues during these debates.  However, everyone is born on this earth with the determination to struggle at all costs to survive.  This is a fact that cannot be denied by any sentient being.  That is what life is all about.  This fact has been “educated out” of the human experience to a certain degree by the time one reaches adulthood.  We all form our opinions of just what we are willing to struggle with to survive and to what degree we will allow ourselves to relinquish this thing called life.  These opinions make up the basis of our personal values, and laws are written and adhered to based on a majority of consensus to these values.

 

Where personal opinion cannot be known without a reasonable doubt, life must prevail in whatever quality or quantity afford to us or we humans will continue to depreciate our own value.  Terri’s struggle most definitely illustrates this situation, and that is why it has finally captured so much of the country’s attention.  There are only two sides to the issue:  one seeks to devalue human life and one wishes to elevate it to its original intent – struggling against all odds. 

 

To say that government should never have to be involved in such personal issues is a    statement of the obvious, however, it becomes necessary when human failings allow miscarriage of personal justice to the extent that innocent life is threatened by selfish motives.  If Terri Schiavo had truly preferred death to seriously handicapped life with such vigor as her husband believes or would have everyone believe, she had ample opportunity to make that opinion unquestionably known to everyone she knew and any future legal inquiries of her wishes.  The fact is that she did not.  There is no “living will” and no conviction of these wishes among those who have the most at stake if she dies – her caring biological family.  That her husband and a few isolated friends insist that she made these feelings known to them is legally only hearsay at best and suspicious at its core.  Therefore, this is a slam - dunk for all out government intervention in her obvious struggle to live!  Obvious because she has survived numerous attempts to end her life through unnatural means – dehydration and starvation brought on by withholding these basic human needs.

 

As I write this, Terri is holding on by a thread in this newest attempt to “let her pass,” “allow her to die,” or “retain her dignity” – all terms used by those seeking to depreciate human life.  By the time this piece is published, she may very likely be dead.

 

For those of us who believe that all human rights are God given, as our Founders believed and stated in our founding documents, the right to life does not carry with it a qualification for value, so all life is of the same value as defined by our laws.  The courts have only to interpret these laws and cannot legally rewrite any human law that would negate the God given ones.  One only needs a simple intelligence to define life, but humans who would play God have been trying to redefine it throughout all of man’s existence.  Terri’s struggle illustrates one more attempt to complicate the simple and allow evil to prevail over good. 

 

If we wish to give up our right to life because of what we define as a diminished quality, we must make that opinion known in such a way that there can be no doubt – by an act of our own free will while we are able to do so.  It is called a living will or a legally binding contract to have another person act on our behalf if we are unable.  Marriage vows do not carry such an extended contract.  In a world where spouses murder each other, parents murder children, and children murder parents, and doctors can set aside their Hippocratic oaths to administer death instead of life, we citizens had better get a good handle on our definitions, if nothing else, before someone else’s can determine our outcomes.

 

 

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