Friday, March 07, 2008

Why Oppose Personhood Legislation?

Judie Brown, president of American Life League just sent out a provocative letter responding to the recent refusal of certain Catholic bishops in Georgia, Montana and Colorado to support legislation in their respective states that would recognize the legal personhood of preborn human beings. The letter is a little too lengthy to print in full here (and I'm guessing that it will soon be on the ALL web site, so look for it) but I wanted to print some of the most important points Judie makes.

...It was not anyone in the pro-life movement, but rather United States Supreme Court Justice Harry Blackmun who wrote in the Roe v. Wade decision, “If this suggestion of personhood is established, the appellant’s [abortion] case, of course, collapses, for the fetus’ right to life is then guaranteed specifically by the [14th] Amendment.”


In other words, if those who understand that a preborn child is a person from the point of his creation want to restore absolute legal protection to children, then personhood must be established in the law. Justice Blackmun did not tell us how personhood could be established, but he did give us a clue and this is why so many pro-life activists have chosen to do what they can to propose personhood amendments to the various state constitutions. The hope is that one of these proposals will be passed by the people and if it eventually arrives at the U.S. Supreme Court, the actual merits of personhood will be argued.


Further, on March 7, 1974, Cardinal Humberto Medeiros spoke at a United States Senate Judiciary Committee hearing for the entire National Conference of Catholic Bishops and told the senators that any proposed constitutional amendment “…should clearly establish that, from conception onward, the unborn child is a human person in the terms of the Constitution.”


In that same statement, Cardinal Medeiros also made it perfectly clear that every proposal should be “universal and without exceptions.”


So, a totally pro-abortion Supreme Court justice and a cardinal of the Roman Catholic Church both came to the same conclusion: Personhood is the key to ending the tyranny of the abortion empire in America. And yet when we have three actively dedicated pro-life organizations pursuing the very goal that Cardinal Medeiros encouraged, we also have Catholic bishops publicly distancing themselves from such efforts and opposing them in a variety of ways...


Among the many legal minds who have contributed to the fundamental strategy that underlies the necessary pro-life legal efforts in these three states is that of the wise Notre Dame law professor Charles Rice. In 35 years, he has never changed his perspective on personhood. What he said in 1973 he continues to say today. He teaches that it was the denial of personhood that was the foundation for everything that the Nazis did to the Jews, the Christians and others under their regime. The idea of relegating entire classes of people to subhuman status was the crux of the Nazi euthanasia program and all the gruesome acts that followed it.


Professor Rice ties that very attitude of annihilation by dehumanization directly to the abortion industry of today. And as he has written, the affirmation of the non-personhood of the preborn child means that the particular human beings who fall into this category are subject to all manner of cruelty and abuse, including death because they have no rights – they are not human beings according to the law.


This alone should give rise to a total advocacy of personhood on the part of every single pro-life American in our day and age. Whether a Catholic prelate or a man on the street, there is no denying that the culture of death now has a tragic grip on the thought process of those in authority in our nation and that must change...