Firstly, I must admit that I barely followed this controversy with disinterest hoping against hope that the Schiavo and Schindler families will resolve their differences even without the involvement of the courts. Secondly, I must also admit that I have not read any of the court filings in this case. However, with yesterday's legal manueverings in Congress where the Republicans vigorously advocated the cause of the "Moral and Christian Majority" and the "Pro-Life" groups while the Democrats sat in silence and acquiescence, except for a few, and upon listening to the arguments of both sides of the equation, I cannot help but to offer my humble perspective on the matter.
The Schiavo case must be approached and analyzed on the basis of both christian and legal principles.
First, let me deal on the legal principles involved here. When the facts and circumstances of a case warrant government intervention on family matters, the State, as "parent of the country," may do so under the Doctrine of Parens Patriae. Here is an article that traces the background and applicability of the doctrine: Parens Patriae. The State often invokes this doctrine when it takes custody of minor children away from abusive and neglectful parents and also those who are mentally incompetent (non compos mentis), pending the appointment of a regular guardian and/or a guardian ad litem.
Absent any showing that Michael Shciavo, the husband of Terri, is mentally incompetent or that he committed any criminal act or conduct against Terri, and considering the reported physical and mental condition of Terri as "persistent vegetative state" which is medically defined as "(when) the brain has no ability to think" although some parts of the body can move, it is my considered view that Michael has the sole and exclusive right to decide on the fate of his lawful wife, Terri! The courts may intervene and adjudicate the controversy raised by the Schindler family on the basis of the applicable law on the matter... and they have! Congress has no power or authority to intervene on Terri's behalf under the Separation of Powers doctrine and the constitutional prohibition on Bills of Attainder. The congressional leadership, particularly the Republicans, are simply advancing the cause of the pressure groups I have mentioned above. If Congress wants to spend its energy and resources on a matter that it has power and responsibilty to do so, it should look into the persecution of Rambus by government agencies, instead !!! The moral "righteousness" that now pervades the nation is so politically tainted and oriented that it has become unproductive! Look what a Texas legislator is spending his precious time for: Texas Lawmaker Seeks to End Sexy Cheerleading --- but the Howard Stern TV Show is still on the air, albeit late at night.
And then here is Rambus, Inc., embroiled in a legal quagmire due to the federal government's "revolving door" policy of hiring lawyers from the private sector only to return them after completing their "mission" ... and Congress is doing nothing about it!
Now let me deal on the christian/religious aspect of the Schiavo case.
When the father walked Terri down the aisle (to have Terri exchange her marital vows with Michael) and the father handed over the hand of Terri to Michael, the message was simple: "Michael, I am handing over the life and happiness of my daughter to you... for better or for worse, in sickness and in health, till death do you part." It was not an empty ceremonial act. For as long as Michael remains the lawful husband of Terri and absent the circumstances I mentioned above which may disqualify him to decide on Terri's fate, the Schindler family, with all due respect to their feelings, has no legal right to interfere. Whether the "commonly law marriage" of Michael with his current "companion" is sufficient for the divestiture of his right over Terri's fate is another matter for the Florida authorities to look into and decide... if they have not done so yet. (This is on the assumption that there was no celebrated second marriage involved here. Otherwise, bigamy issues will drastically and completely change the entire legal picture.)
The law and morality of this case is clear and simple which is beclouded only by the conflicting agendas of a few.
All things considered, my thoughts and prayers for Terri Schiavo.
Empiricum
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