One of the most polarizing political events in the modern history of America came to an end last Thursday in Pinellas Park, Florida as Terri Schiavo passed away. As the eyes of America’s media examined this battle of the law between the government and the courts, the most vocal critics were extremist members of the Religious Right. In the end, they were unsuccessful in using words of religious faith to trump the rule of law.
Throughout this ordeal, many of the surrounding issues were roundtable hot-button topics, and some conspicuously weren’t. One of the latter is most disturbing, as I question the very motives of the extreme Religious Right in getting involved in this situation in the first place. It was never so much about Schiavo as it was a backhanded way of establishing a court case and ruling that could then be used to strike down and outlaw abortion rights.
You see, conservative religious America learned long ago that they would never be able to outlaw abortion through the traditional process of checks and balances – having Congress pass a law, the president sign it, and then a court uphold it as constitutional. So the Reiligous Right knew they had to get creative if they want to continue their fight.
In the Schiavo case they saw a narrow opportunity to do this through a little-known type of law courts consider when deciding cases. This is called “case law,” and it relies on the relevant court findings of a previous case. Using this method – if Schiavo’s parents had been successful in convincing a judge that their daughter could not speak for herself, yet they knew she was “alive” – that ruling could then set the stage for a county prosecutor to speak for a fetus since it too is “alive,” and that could be used to stop abortion.
A ruling such as that would cause a nuclear court battle of the ages to determine the legal definition of “alive,” a question that would cement the future of abortion (or lack thereof).
The current legal standard of “life” is if a body can “live independently without assistance.” Under this definition, Schiavo falls short of “life,” as does a fetus. But in the media attention surrounding Schiavo, the Religious Right saw an opportunity to change that, and they bit.
It is almost humorous watching religious protestors and conservatives put on a sad face while knowing their true hidden agenda. Because these religious followers hide behind a cross and Bible, many politicians and pundits are afraid to question their motives. However, these things need to be said, as it was poetic justice that the Republicans and the Religious Right not only hung themselves, but also did so with their own rope.
While many of these folks such as gay marriage basher Senator Rick Santorum (R-Pa.) and the ethically challenged House Majority Leader Tom Delay (R-Tx.) whine about how existing marriage law allows the husband to be solely in control, it is ironic to think that if Schiavo had been a lesbian her parents would have been able to intervene. After all, Congress and the many states that passed bills outlawing gay marriage (Virginia included) think that two women partners cannot possibly be as in tune with each other as a traditional marriage, meaning her parents would have retained this responsibility.
Who is at fault for strengthening the marriage laws between men and women to the point where no one else, including family members, has any control? The answer is the same people griping about it now – the Republicans and their fanatical religious followers.
That is where the real sickness of this whole situation lays. Like a flu virus that just won’t go away, the cult-like behavior of the Religious Right and their public verse chanting, signs declaring murder, and threats aimed at public officials eat at every fabric of morality and decency they claim to stand behind. Maybe it is something in the Kool-Aid they’re drinking because they lack any reason and are absent of any real logic.
The real victim in all of this drama is Terri Schiavo, as conservative Republicans showed up and took advantage of an opportunity to advance their pet cause of outlawing abortion when the cameras were there. Now that the cameras are gone and their photo-ops are over, they will be too.
Michael Dickinson may be reached at mdickinson2112@aol.com.