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Dr. Ron Gleason's Column

ETHOS -- March 31, 2005 ------ Please visit my web site at http://www.rongleason.org

Terri Schiavo and the Culture of Death

Special Issue (II) -- An "Inconsistent" Ethic of Life.
As you know, I've been interacting with Jim Wallis in his recent book God's Politics. In Part V, Chapter 18 (A Consistent Ethic of Life) Wallis makes his points about abortion and capital punishment. What he aims at-but really doesn't achieve-is a consistency in ethics. I raise this point because it is at the front of the Terri Schiavo case and her death today.

The Liberal Religious Left has a "smorgasbord" or "pick and choose" mentality when it comes to courts and court decisions. They hope that we have short memories and little or no historical consciousness, of which many today possess both. It's funny how we are on a sliding scale when it comes to these matters and we tend to embrace an ethic of expediency rather than consistency.

A while back, then Governor Orval Faubus called out the Arkansas National Guard specifically for the purpose of "defying rulings of the U.S. Supreme Court and lower federal courts."[1] The other-and more recent example of this type of defiance-is former President Bill Clinton sending armed agents from the Immigration and Naturalization Service to seize Elian Gonzalez from a family to whom the Florida courts had granted custody. In short, Mr. Clinton overrode the courts.

I, for one, am in favor of the rule of law and following the laws of the land or overturning them by means of popular vote. Civil disobedience should not be considered except under the direst of circumstances. Having said that, I also want to voice a serious concern that has been growing in my heart and, I suspect, in yours as well: the license activist judges are taking in our country. Instead of interpreting the laws, some seem intent on making (up) a few extra laws up as they rule from the bench. It is clear that over the past few decades-or longer-that some of our sitting judges have come to have an increasingly high regard for their own self-importance. A good word to describe their attitudes is arrogance.

Don't get me wrong. I'm not saying that all judges are arrogant and self-serving. I am asserting, however, that there are enough of them out there today to be a cause of grave concern. When was the last time you voted and had enough the foggiest notion what the judges you were voting for stood for? Had you even heard of them? And yet, we vote them into office where they begin to "work their magic." It's a chilling thought. For example, our courts "discover" on a frequent basis "secret legal provisions requiring abortion and gay marriage and prohibiting public prayer and Ten Commandments displays."[2]

Judge Greer & Bioethicists
I heard that Judge Greer is a Christian. He might very well be. Far be it from me to question his faith. I do, however, question his judgment. He has made some questionable decisions during his tenure. His defense in the Terri Schiavo case is that he is merely interpreting the law. I think that he is. My wife and I were driving back from our "date day" in Huntington Beach, CA last week and she said to me, "law and morality seem to be on a collision course in our country." That wasn't always the case. The two were often-quite often-placed in close proximity. To my mind, many of our activist judges have set the two on a collision course.

I've heard the phrase "matters in extenuation and mitigation of the circumstances" before and I believe it applies in the Michael and Terri Schiavo case. According to law, the husband has the "right" to make the sort of determination that Mr. Schiavo has made. But aren't there matter in extenuation and mitigation of the circumstances? Does it bear any weight that Mr. Schiavo is an adulterer? Is it an acceptable practice in America today that a man can have a blatant disregard to his wedding vows? Where is promising "in sickness and in health"? In our society, are you kidding me? The short answer is a resounding No! After all, it's only sex. Never mind that Michael moved on with his life and committed adultery and has two children out of wedlock. Terri's life was not the quality of life that some Americans find worthwhile. I'm still waiting to hear someone use the argument that human beings are created in the image of God!

On a different plane, however, wouldn't it have been prudent for Judge Greer to have ordered basic medical tests-extensive tests-before making a legal decision? As far as the literature I've looked at, she was not given either an MRI or PET scans. Was there any possible way that Mrs. Schiavo could have had legal counsel to defend her before the courts rushed to judgment? Moreover, there was nothing in writing about what Terri wanted. That is to say, there was no legal document stating that if she were ever in a PVS that she would want a feeding tube removed. It will be interesting to see what happens to Judge Greer in the aftermath of this particular case.

Of course, the matter is being debated by "bioethicists" around the country. The mere name "bioethicist" sounds both imposing and formidable doesn't it? May I quote a couple of them for you? Here's what the elitist are thinking: "If we assume that the disabled do not have a right to unlimited health care because no one has such a right, then are the disabled morally obligated to establish their own health priorities for themselves within the context of a budget? I believe this question requires an affirmative answer, painful as it might be for the disabled themselves." (Leonard Fleck, Ph.D., "Just Caring: Health Care and the Disabled," in Medical Humanities Report, Spring (1992).) Or how about Dr. Willard Gaylin, M.D.? "Preventive medicine drives up the ultimate cost of health care to society by enlarging the population of the elderly and infirm. The child who would have died from polio will grow up to be a very expensive old man or woman." (Harpers Magazine, Oct. 1993.)

It sounds like something out of Brave New World doesn't it? In 1994, Alice Mailhot (is that her real name? I've heard of Hotmail, but never Mailhot.) wrote an article in Mouth entitled "Bioethics: introduction to theories from hell." She is at least asking us not to put bioethicists on a pedestal. Why not? "Bioethicists live off tax dollars and wealthy foundations. They teach medical professional and community elites to decide who lives and who dies."[3] Well, not all of them teach that Ms. Mailhot, but your point is well taken.(I have found a web site that is very helpful and want to pass on to you: www.cbhd.org. There you'll find some very helpful articles.)

Right to Privacy & Personhood
Providentially, I was reading Mark Levin's book, Men in Black last week and came across his chapter entitled, "Death by Privacy."[4] I mention this because it is one of the key arguments in what will forever be known as the Terri Schiavo Case. There was an interesting chat room interview on Court TV Online.[5] Bill Allen, who is the director of the program in Bioethics, Law and Medical Professionalism at the University of Florida College of Medicine was debating Wesley Smith, senior fellow at the Discovery Institute, attorney for the International Task Force on Euthanasia and Assisted Suicide, and special consultant for the Center for Bioethics and Culture. Allen supported the Florida court decision and Smith believed that Terri Schiavo should be kept alive.

One of Allen's arguments was that Florida voters passed a constitutional amendment in 1980 saying that government cannot interfere in citizens' private lives.[6] Levin makes this point: "Today, legalized abortion is the law of the land because the Supreme Court decided in 1973 that its recently created constitutional right to privacy also included a new constitutional right to abortion. If you look in the Constitution, however, you will find no general 'right to privacy' any more than you will find a right to abortion-and for good reason: It's not there."[7]

This is not to say that Americans have no privacy rights whatsoever. There are, of course, guarantees in certain specific constitutional provisions "which are designed in part to protect privacy at certain times and places with respect to certain activities."[8] We are not given the right of privacy with a view to murder behind closed doors, rape, incest, polygamy, child pornography, and a number of other ethical issues. Smith's answer to Allen is well taken: "We intervene to prevent the use of drugs. We intervene to stop people from abusing themselves. Of course, the government should not intrude lightly. But to protect life, that is one of the most important purposes of government."[9] He added, "The Florida Supreme Court, however ruled that the constitutional right did not include the right to assisted suicide."[10] Touché. And that is precisely where the debate is right now-at least in part. Is America ready for euthanasia? If our answer is No, then we must be prepared for a huge fight, because that is where we are heading even though our "experts" say that we're not.

The other ethical issue has to do with "personhood." In the course of the interview, Bill Allen's perspective became crystal clear when Wesley Smith asked him this question: "Bill, do you think Terri is a person?"[11] Allen answered, "No, I do not."[12] He went on to add, "I think an anencephalic infant is a non-person. In distinction from an infant with a brain who may not have all the fully developed characteristics of personhood, but does have the potential for personhood."[13] If I'm hearing Allen correctly, then he doesn't even believe an infant with a brain is a person, but merely possesses the potential for personhood. This begs all kinds of ethical questions not the least of which are these: When does an infant with a brain morph over from potential person to de facto person? Are infants with a brain possible subjects for euthanasia until they achieve personhood? Who are the ones who decide when a human being has reached personhood? How can we trust their judgments? Who judges them?

The Subtlety of Language
For such a landmark case, the situation with Terri Schiavo is teeming with euphemisms. We're told from some quarters that he is being allowed to die a natural death or to die with dignity. Neither is the case; neither is true. Surely she is dying, but not from natural causes. Make no mistake: she is not dying a natural death. She's being starved to death. What would we call it if someone withheld food and water from us? A natural death? Hardly. Why is it all of a sudden death with dignity or a "gentle" death when the New York Times reported in 2002 of the people starving in India that they died "clutching pained stomachs"? I suppose starvation is not death with dignity in India, but it is for Terri Schiavo here in the United States it apparently is.

Just by way of reminder, it was Hitler and the Third Reich that popularized the term "euthanasia," and that is where we are rushing with this decision. Of course, it is much akin to other moral and ethical decisions that are made in a culture that embraces relativism as its modus operandi.

Some commentators try to avoid words like "starvation" and "dehydration" and opt for something less upsetting like "gentle" death or, you could even use "euthanasia" because in its etiology it means "good" or "soft" death. I have written previously that rather than becoming a nation that embraces euthanasia, we ought to be more concerned about ortho-thanasia: Right or proper death. There is such a thing that honors the person made in the image of God and truly-not merely in words-offers death with dignity.[14] My main concern about this case is not merely the "legality" of it, although that is important, but the step down the slippery slope of euthanasia.[15] There are no brakes in the relativists car. Secular humanism offers no real solutions that takes the value of human beings into account. Now is the time for the Church of Jesus Christ to speak, to speak often, and to speak loudly.

Pastor Ron Gleason, Ph.D.

Yorba Linda, CA


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[1] Ann Coulter, "Starved for justice," at www.townhall.com, 3.28.05, p. 1.

[2] Ibid., 2.

[3] http://www.normemma.com/areut_bioethics.htm, p. 1.

[4] Mark Levin, Men in Black, (Washington, DC: Regnery Publishing, Inc., 2005).

[5] http://courttv.com/talk/chat_transcripts/2005/0324schiavo-debate.html.

[6] Ibid., 2.

[7] Levin, MB, 55.

[8] Ibid., 58. Italics mine.

[9] Courttv, 2.

[10] Ibid.

[11] Ibid., 6.

[12] Ibid.

[13] Ibid., 7.

[14] See my pamphlet available through Renewed Life Ministries entitled Euthanasia
or Ortho-thanasia? available on my web site at www.rongleason.org.

[15] In a future issue of Ethos I will deal with what is now called "The Groningen
Protocol," which is a Dutch movement to make infanticide at the hands of doctors
legal. In a relativistic, godless world, why shouldn't it be?

Searching for bin Laden

Dr. Ron Gleason, Ph.D.
Pastor Grace Presbyterian Church
23655 Via del Rio, Ste. G
Yorba Linda, CA 92887
bavinck@prodigy.net tel:
fax:
mobile: 714/692-2390
714/692-2491
714/318-6843

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