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March 23, 2005

When the Law is Wrong

Topics: General

There was a time when the law of this land said that one must return a man who had escaped into a free state to the man in a slave state that claimed to own him. That was the law then, and many people obeyed that law because, well, it was the law.

There was a time when the law of this land said orphanages and parents could send little children to labor in coal mines and factories and aboard ships. That was the law then, and many people obeyed that law because, well, it was the law.

There was a time when the law of this land said that little black Americans had to go to one school and little white Americans had to go to another. That was the law then, and many people obeyed that law because, well, it was the law.

I could cite example after example of times in our history when the law, as it stood, was simply wrong. The reason these laws no longer stand is because ordinary good people stood. They stood against the law. Fugitive slaves were sheltered by ordinary folks who found human subjugation disgusting. It wasn't famous self-proclaimed leaders or elected politicians who sat at the neighborhood lunch counter or at the front of the bus in defiance of unjust laws. It was ordinary Americans exercising the tradition of American dissent that goes all the way back to those who unloaded a cargo of tea into Boston Harbor.

Ordinary people spoke out, too. They debated and petitioned and appealed. They challenged other ordinary Americans to look beyond the law and into their consciences to see what is right and what is wrong.

As these ordinary people stood, and as they spoke out, the politicians and judges had to take notice and they had to consider whether or not these ordinary people had a point. It took time, and at times as the judges ruled against them, and as hearts seemed unchanged, they must have been discouraged, yet they continued to stand and continued to speak. As a result generations of Americans are more free and treated more justly.

Read the rest at Wittenberg Gate.

Posted by dory at March 23, 2005 12:59 PM


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Comments

Yes, and it was our Catholic president, JFK, and his brother, who defined voting and other civil rights for African-Americans as a "moral issue".

The Catechism is very clear on this. We do have a duty and an obligation to conscientiously object.

God bless.

Posted by: Diana Goodavage at March 23, 2005 1:08 PM

This is not an endorsement, since I'm not familiar with the organization hosting the form but the following senators can be e-mailed with a modifiable ready made plea for Theresa Marie's life at the URL below:

Burt L. Saunders, Senator
Walter G. Campbell Jr., Senator
Mandy Dawson, Senator
JD Alexander, Senator
Nancy Argenziano, Senator
Paula Dockery, Senator

http://capwiz.com/sicminc/mail/compose/?alertid=7260671&agencyid=7249461&agencyid=7260491&agencyid=7260496&agencyid=7260501&agencyid=7260506&agencyid=7260511&target=CU&target=CU&target=CU&target=CU&target=CU&target=CU&customid=7249461&customid=7260491&customid=7260496&customid=7260501&customid=7260506&customid=7260511&type=CU

Posted by: Resume Feeding at March 23, 2005 1:15 PM

The answer to getting Terry's "HUSBAND" to relinquish rights is to formally charge him with bigamy.

In civil jurisprudence, and especially in criminal law, is a "formal entering into of a marriage while a former one remains un-dissolved".

The "HUSBAND" is in violation of the law. Either he must relinquish rights to Terry or give up his illegal marriage to the other woman.

Posted by: Rev. Martin S. Murphy, (MsD.) at March 23, 2005 1:17 PM

Amen to the main post. Just to add, though ... it was judges who had to spark social change in some circumstances when the legislature, which tries to appease the masses, wouldn't do the right thing (eg, you mention racial segregation in schools ... ended by the US Supreme Court in Brown v. Bd of Education).

Posted by: Simon at March 23, 2005 1:20 PM

My prayers, of course, are with Terri and all of the family. My thoughts, though, are on Michael Schiavo today. What I am thinking is this...if we should lose Terri, and if Michael's plans to have her cremated happen, it would seem that would be the end of everything. But I would be willing to bet that someday, whether a year or ten years from now, the time is going to come when something happens between Michael & his common-law. If he is abusive, the time will come when SHE will spill her guts to get back at him, and I do think she knows the truth behind all of this. I would bet on it.

Posted by: Bev at March 23, 2005 1:26 PM

Unfortunately, Rev. Murphy, Michael Schiavo tecnically isn't in a common-law marriage, because he and his mistress do not claim to be married-- they are engaged, and she does not have his last name. Loopholes everywhere, aren't there? Praying always for Terri...

Posted by: Amy at March 23, 2005 1:27 PM

This is ridiculous. I thought if a man lived with a woman and had sex with her for over 7 years, they are common-law married. Period.

This is stupid. The laws are stupid.

Praying for Terri and the Schindlers... I can't imagine the pain they must be going through.

Posted by: Sirena at March 23, 2005 1:32 PM

1. Why can't she be manually fed or given liquids - why no food or liquids at all?
Taking the feeding tube out is one thing, denying all food and liquids by any means is murder isn't it?
2. Why did it take years before her 'husband' said she did not want to live this way?
3. Her friends said she was considering a divorce...certainly an indication that the relationship dynamics were in question,
4. Why can't guardianship be given to her parents so her 'husband' can go on with what he has already determined to be 'his own life'....another woman...2 children...engagement....common-law marriage (By the way, how did he file federal taxes?...joint or single and who was listed as the spouse and dependants?
5. What message is this giving to children today?
6. Could this issue possibly have contributed to the Minnesota school killings?
7. How do people with brain damage view this and what do they think? Are they next?
8. Why has the ADA been so silent? Why is no one calling them or why are they not on the news with statements?
9. What precedence will this now set…anyone who has a ‘loved one’ in ICU or on feeding or other life sustaining means could now say, ‘it was not the wish of this person to be this way, so pull the plug’…let me get the inheritance…let me stop the expenses…forget what the person wants…..whatever
10. Why can’t President Bush just ‘pardon her’?

Posted by: doc at March 23, 2005 1:36 PM

Sirena, some states are common-law states where common-law marriage works just as you describe, but Florida isn't one of them, unfortunately in this case.

Doc, you asked a lot of questions, but I can at least answer your 10th one: The President can't pardon Terri because she's never committed a crime!!! Sickeningly ironic that the law allows such clemency to convicted criminals, but not to innocent people.

Posted by: Mary in LA at March 23, 2005 1:39 PM

Her only "crime" is that she married that horrible monster. ;-(

Posted by: Sirena at March 23, 2005 1:42 PM

Sirena,
Are there democratic senators that we can email? One senator Gary Silpin says he is praying about it.

Posted by: sujata at March 23, 2005 1:44 PM

Here's the scoop on common-law marriage in the U.S.:
http://www.unmarried.org/common.html

Doc's Qs:
1. She can't be fed by mouth because her husband has forbidden it.
2. We don't know, but we think it's to do with the money from the malpractice settlement.
4. I don't know. Probably the court fight to get that changed would take longer than Terri has, at this point.
5. A terrible message indeed.
6. I don't know -- it's possible. Truthfully, I've been so involved with Terri's case that I haven't caught up on the Minnesota case yet.
7. People with brain damage or other disabilities, and their families, are indeed worried that they'll be next. I refer you to http://notdeadyet.org and other advocacy sites for disabled people.
8. I have no idea at all.
9. A terrible precedent.

Posted by: Mary in LA at March 23, 2005 1:46 PM

If you go to http://www.flsenate.gov, there's contact information for all the Florida State Senators.

Posted by: Mary in LA at March 23, 2005 1:48 PM

I e-mailed Sen. Silpin and am about to send him a fax. I urge others to do the same.

Posted by: Mary in LA at March 23, 2005 1:49 PM

Thanks Mary for the info... I'll go fax Sen. Silpin as well...

Posted by: Sirena at March 23, 2005 1:53 PM

This article is good, but the laws aren't wrong in this case. That's why all the uproar. The acting people are breaking the law and everybody knows it except the see-no-evil people. There are laws in place to stop this, but they aren't being enforced. And that is why this is so Twilight Zone.

This also makes Judge Greer the strongest man in the whole world, because as I said: This little man in his little courtroom stretched out his will to kill one little, innocent and helpless girl and all the laws, lawmakers, governors, presidents, princes of the church, mothers, fathers, brothers, and sisters of the whole world had not the strength to stop him. I that's not so, where IS the stronger man to stop him?

Can anyone answer that?

Posted by: MARY at March 23, 2005 2:00 PM

Except that she's a grown woman (about my age), I agree with you 100%! That the whole force of the law is being bent to murder one innocent woman is beyond my comprehension.

"The other Mary" in LA :-)

Posted by: Mary in LA at March 23, 2005 2:04 PM

I just sent this to Senator Silpin:

Dear Senator Siplin,

I am a concerned U.S. citizen. Terri Schiavo needs you to help her. She has not been treated fairly in the court system. She is alive and the only thing keeping her alive was the feeding tube. This is morally wrong. She is not PVS.

Dr. Cranford, the doctor Michael Schiavo hired to look at her, only saw her for 45 minutes and determined she could not respond and was in a persistant vegetative state (he's also given presentations at the Hemlock Society AND is a member of the board of directors of the Choice in Dying Society, which promotes doctor-assisted suicide and euthanasia.) While another doctor, Dr. William Hammesfahr, a world reknown neurologist who was nominated for the Nobel prize, has said "I spent about 10 hours across about three months and the woman is very aware of her surroundings. She's very aware. She's alert. She's not in a coma. She's not in PVS. With proper therapy, she will have a tremendous improvement. I think, personally, that she'll be able to walk, eventually, and she will be able to use at least one of her arms."

Michael's doctor said, "There's no way, that's totally bogus."

Who would you honestly be more likely to believe? A doctor who spent 45 minutes with her and promotes doctor-assisted suicide, or a doctor who spend over TEN hours with her and has nothing to gain from this?

Please look inside your heart and see that Terri is simply a disabled woman who's having her rights taken away from her. Please don't let her die.

Posted by: Sirena at March 23, 2005 2:06 PM

The New Pantagruel on Terry Schiavo

"The editors of the intelligent, unafraid, kaleidoscopic, and ever-fascinating web-only magazine, The New Pantagruel, have issued a brief, to-the-point statement on the pending murder of Terry Schiavo that can be read here. Many of our readers will be sympathetic with its moral posture."

http://tinyurl.com/3ruay

Posted by: Baillie at March 23, 2005 2:15 PM

My maiden name is Stallings: scan of actual document in my possession at link below, c. 1828.

http://entropyhouse.com/stallings/slaverecord1.JPG

It was entirely legal.

Feel free to copy pic.

Posted by: Baillie at March 23, 2005 2:23 PM

Why can't the courts see the "conflict of interest?

How can they allow BTK greer to do all he's done when there is documented evidence that michael shitavo and george feel-less paid to have him re-elected and thus to have him hear the case?

How can they allow BTK greer to prohibit oral feedings?

Why is BTK in hiding and why must he have guards? The people who support Terri support LIFE, why would we stoop to his level of DEMONstrated contempt for life--and harm his?

(note: it is much more just for the Terri supporters to wish BTK and his cronies a wonderful, prosperous life on earth, so that we don't interfere with his eternal JUDGEMENT before the ETERNAL JUDGE.)

The more these judges play God, the farther they will remove themselves from GOD...

Posted by: Tress at March 23, 2005 3:10 PM

In all things but chronology, Terri is a child.

Can someone tell me who and where is someone stronger than this pipsqueak?

And please, please, what is the status at the FL legislature and governor's office?

Mary in L.A., should I tweak my name?

Posted by: MARY at March 23, 2005 3:24 PM

I want the world to know that if I ever reach this physical state, please, please let me die and don't let the government interfere. They have told me to keep my God out of their government, don't let them make the rules that govern my life. I'm a Christian and I'm 100% against murder - whether it's called abortion or capital punishment. But I don't think this is murder. If Terri is unable to live without assistance from medical equipment, why would she want to live. Why would anyone want their daughter to 'live' in this condition. If Terri is conscience as her parents say, what kind of pain and torment has she been living in for years in this state? They are being selfish, thinking of themselves and not of Terri. Let this poor woman be at peace.

Posted by: Debbie at March 23, 2005 4:06 PM