Fighting for Dear Life
Page 25
When God looks at our country, what does He see?
Do you think He hears the cry of the 1.5 billion aborted babies? Does He see the Supreme Court sanctioning behavior that He clearly denounces as sin? Does His heart break when He watches His people nod in approval of Terri’s death? Does He see the pastors of our churches living private lives that contradict their public preaching?
The tension is that we want to live like the world, but when we die we still want to be admitted into heaven. We don’t want to live like Christians here. We’d rather live life on our own terms than obey God. Does that sound like I’m overstating the condition of the church today? A number of years ago, George H. Gallup surveyed the attitudes and behavior choices within our churches. Here’s a summary of what he found:
There’s little difference in ethical behavior between the churched and the unchurched. There’s as much pilferage and dishonesty among the churched as the unchurched. And I’m afraid that applies pretty much across the board: religion, perse, is not really life changing. People cite it as important, for instance, in overcoming depression—but it doesn’t have primacy in determining behavior.3
If the church is flirting with sin while asking God to move in her midst, she’s asking God to violate His very nature and His Word. I often wonder if we’ve gotten so sloppy with our spiritual lives that, in a measure, much of the prayer we’re engaged in is not having the impact we think it has before the Lord.
We can watch in disbelief, in horror, or in silent apathy while the courts, the ethicists, and the social engineers play God with life-and-death decisions. Or we can fight for dear life. How? By becoming agents of change who start with seeking a changed heart. And by humbling ourselves and committing ourselves to prayer, by seeking God’s face and repenting of our negligence. In turn, America will experience the hand of blessing from a loving Savior who promises to heal our land.
God has said: ‘‘I call heaven and earth to record this day against you, that I have set before you life and death, blessing and cursing; therefore choose life, that both thou and thy seed may live’’ (Deuteronomy 30:19).
What kind of country will we leave our children and grandchildren? Will we be a nation that defends the value and purpose of every life? Will we speak for those who have no voice—for the disabled and the unborn? Will we reorient our priorities to cherish and sacrificially love those the world says don’t have a life worth living? Will we strive with everything we have—our hearts, our homes, and our resources—to preserve life and, in so doing, point others to the Author of Life?
If we want to continue to experience the Lord’s blessing in America, if we desire His healing touch, and if we long to see our courts protecting life, we must humble ourselves, pray, seek His face, and repent. If we do, a revival will sweep across this land like a much-needed rain in a time of drought.
It’s happened before in our country and it can happen again. That is my fervent hope and prayer for God’s people. Yes, today is the day to adopt the heart of God and to fight for dear life.
For the least of these.
For Terri.
APPENDIX A
FREQUENTLY ASKED QUESTIONS :
TERRI AND THE CASE*
Did Terri Schiavoever execute a living will or put her wishes in writing?
Answer: No, she did not.
What did Judge Greer have todetermine since there was no writing?
Answer: Florida law required him to find ‘‘clear and convincing’’ evidence of Terri’s wishes.
Why couldn't Terri divorce Michael?
Answer: Florida law would not allow it without Michael’s permission, and he would not consent to it.
Why couldn't a new guardian be appointed to care for Terri?
Answer: Although the Schindlers asked Judge Greer several times to remove Michael as Terri’s guardian, based on a number of potential conflicts of interest between Michael and Terri, the judge consistently denied their petitions.
Why couldn't the media see Terri?
Answer: Michael Schiavo and Judge Greer would not allow them in.
Why wasn't Terri taken outside?
Answer: Michael Schiavo would not allow her to be seen in public. He also chose to not have her wheelchair repaired or replaced.
Why wasn't Terri getting therapy?
Answer: Michael Schiavo did not think it would help her, and the court did not require him to provide it for Terri.
Why couldn't Terri get a new trial with a different judge?
Answer: The appeals courts affirmed Judge Greer’s rulings, and Judge Greer refused to recuse himself from the proceedings.
Why did the appeals courts not overturn Judge Greer?
Answer: The appeals courts review the law (not the facts of a case).
They determined that Judge Greer had followed Florida law as he interpreted the facts.
Why did Judge Greer never gosee Terri for himself?
Answer: He did not think it was necessary or prudent.
Where did the videos that were shown repeatedly on TV come from?
Answer: They were clips that had been shown in a court hearing in 2002, making them a public record.
Was Terri ever in a coma?
Answer: Yes, after her initial trauma in 1990, Terri was comatose for a few months.
Was Terri ever on a ventilator?
Answer: Yes, after her initial trauma in 1990, Terri was on a ventilator for approximately three months before she began breathing on her own.
When Terri was removed from the ventilator and came out of the coma, what was her diagnosis?
Answer: Terri was diagnosed as being in a ‘‘persistent vegetative state.’’
What is the difference between a coma and a persistent vegetative state?
Answer: A coma is a profound or deep state of unconsciousness. The affected individual is alive but is not able to react or respond to life around him/her. Coma may occur as an expected progression or com- plication of an underlying illness, or as a result of an event such as head trauma.
A persistent vegetative state, which sometimes follows a coma, refers to a condition in which individuals have lost cognitive neurological function and awareness of the environment but retain noncognitive function and a preserved sleep-wake cycle.
It is sometimes described as when a person is technically alive, but his/her brain is dead. That description, however, is not completely accurate. In a persistent vegetative state the individual loses the higher cerebral powers of the brain, but the functions of the brain stem, such as respiration (breathing) and circulation, remain relatively intact. Spontaneous movements may occur and the eyes may open in response to external stimuli, but the patient does not speak or obey commands.1
Can a person ever recover from a coma or PVS?
Answer: The outcome for coma and vegetative state depends on the cause and on the location, severity, and extent of neurological damage: Outcomes range from recovery to death. People may emerge from a coma with a combination of physical, intellectual, and psychological difficulties that need special attention.
Recovery usually occurs gradually, with patients acquiring more and more ability to respond. Some patients never progress beyond very basic responses, but many recover full awareness.2
Was Terri in PVS?
Answer: This is in dispute. Michael Schiavo believes she was. Terri’s family believed she was in a minimally conscious state.
What is a minimally conscious state?
Answer: This state of consciousness was first defined in 1996. In this condition, patients show occasional moments of awareness, such as attempting to communicate through speaking, writing, or using yes/no signals (other than eye blinks). A recent study in the journal Neuroscience revealed that people in this state may be quite aware, although trapped in a body that is largely nonfunctioning.3
The researchers from New York Presbyterian Hospital used brain imaging technology to show that, when played audiotapes of their loved ones’ vo
ices, people in this state have brain activity similar to that of a fully conscious person. When no recording was played to the patients, however, their brain activity was less than half that of healthy people.
How would a doctor decide whether Terri was in PVS or MCS?
Answer: At least one criterion should be present and occur on a reproducible or sustained basis to diagnose MCS:
1. follows simple commands
2. gestural or verbal yes/no responses (regardless of accuracy)
3. intelligible verbalization
4. movements or affective behaviors that occur in contingent relation to relevant environmental stimulus and are not attributable to reflexive activity4
Any of the above behavioral examples provide sufficient evidence, although this list is not meant to be exhaustive.
Did anyone beside the Schindlers see Terri respond at an MCS level?
Answer: Yes, there were a number of nonfamily members who watched Terri interact meaningfully with her environment. These people included doctors, nurses, attorneys, and clergy.
Did the autopsy performed on Terri answer the question whether she was in PVS or MCS?
Answer: No, it did not. This type of diagnosis can only be made on living patients who can be observed. The autopsy stated, ‘‘PVS is a clinical diagnosis arrived at through physical examination of living patients.’’
* Permission to photocopy granted
APPENDIX B
SAMPLE FORM :
DESIGNATION OF HEALTH CARE SURROGATE
The laws governing health care surrogates may vary from state to state. This form provides a general starting point that you and/or your lawyer may tailor to fit your state’s requirements. It’s also a good idea to carry in your purse or wallet the name and phone number of the surrogate who is to be contacted in the event of an emergency.*
Designation of Health Care Surrogate of:
In the event that I have been determined by health care providers to be incapacitated to provide informed consent for medical treatment and surgical and diagnostic procedures, I designate as my surrogate for health care decisions:
Name, Address, and Telephone Number of Surrogate:
In the event that my Health Care Surrogate proposes a course of action or medical treatment or procedure, or the removal of the same, which is intended to result in my death (such as, for illustrative purpose, the removal of nutrition and hydration), the following named individuals must give unanimous consent to said proposed decision.
If any one of these named individuals refuses to consent, the action that will result in my death may not be taken.
In the event that my Health Care Surrogate is unable or unwilling to act in said capacity or is determined to have a conflict of interest, whether moral, financial, or any other, by a majority of the following named individuals:
I designate as my alternate surrogate for health care decisions:
Name, Address, and Telephone Number of Alternate Surrogate:
I fully understand that this designation will permit my Health Care Surrogate to make health care decisions for me and to provide, withhold, or withdraw consent to medical procedures on my behalf; to apply for public benefits to defray the cost of health care; to authorize my admission to or transfer from a health care facility; and to have access to medical records pertaining to me and to authorize the release of medical information and medical records to third parties as directed by my Surrogate.
I understand the full import of this declaration, and I am emotionally and mentally competent to make this declaration.
Signed this_________day of _______________, 20_____________.
STATEMENT OF WITNESSES
We declare, under penalty of perjury, that the Declarant is personally known to us, or has produced a driver’s license as identification, that the Declarant signed or acknowledged this Designation of Health Care Surrogate in our presence, that the Declarant appears to be of sound mind and under no duress, fraud, or undue influence, and that we are not the person appointed as Health Care Surrogate by this document or related to the Declarant by blood or marriage.
The foregoing instrument was acknowledged before me this day of , 20 , by , who personally appeared before me at the time of notarization, and who is personally known to me or who has produced a driver’s license as identification and who did take an oath.
* Permission to photocopy granted.
APPENDIX C :
Terri’s Law
EXECUTIVE ORDER NUMBER 03-201
WHEREAS, on October 21, 2003, the Florida Legislature passed House Bill 35-E (to be published as Public Law 03-418), signed this date by me, authorizing the Governor to issue a one-time stay in certain cases where, as of October 15, 2003, the action of withholding or withdrawing nutrition or hydration from a patient in a permanent vegetative state has already occurred and there is no written advance directive and a family member has challenged the withholding or withdrawing of nutrition and hydration; and
WHEREAS, under House Bill 35-E a person may not be held civilly liable and is not subject to regulatory or disciplinary sanctions for taking any action to comply with a stay issued by the Governor pursuant to House Bill 35-E; and
WHEREAS, in the case of Theresa Marie Schindler Schiavo, Robert Schindler and Mary Schindler, the parents of Theresa Marie Schindler Schiavo, have requested that the Governor enter a stay prohibiting further withholding or withdrawing of nutrition or hydration; and
WHEREAS, a court has found that Theresa Schiavo is in a persistent vegetative state as of October 15, 2003; and
WHEREAS, Theresa Schiavo had no written advance directive as of October 15, 2003; and
WHEREAS, nutrition and hydration have been withdrawn from Theresa Schiavo, and continues to be withheld as of October 15, 2003; and
WHEREAS, the Schindlers have challenged the withdrawal and withholding of nutrition and hydration as of October 15, 2003; and
WHEREAS, an immediate and urgent need has arisen to address the removal of nutrition or hydration, because death due to lack of nutrition and hydration is imminent;
NOW THEREFORE, I, JEB BUSH, Governor of the State of Florida, by the powers vested in me by the Constitution and laws of the State of Florida, specifically House Bill 35-E, do hereby promulgate the following Executive Order, effective immediately:
Section 1
A. Effective immediately, continued withholding of nutrition and hydration from Theresa Schiavo is hereby stayed.
B. Effective immediately, all medical facilities and personnel providing medical care for Theresa Schiavo, and all those acting in concert or participation with them, are hereby directed to immediately provide nutrition and hydration to Theresa Schiavo by means of a gastronomy tube, or by any other method determined appropriate in the reasonable judgment of a licensed physician.
C. While this order is effective, no person shall interfere with the stay entered pursuant to this order.
D. This order shall be binding on all persons having notice of its provisions.
E. This order shall be effective until such time as the Governor revokes it.
F. The Florida Department of Law Enforcement shall serve a copy of this Executive Order upon the medical facility currently providing care for Theresa Schiavo.
IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed this 21st day of October, 2003.
Appendix D
109TH CONGRESS
1ST SESSION
S. 686
For the relief of the parents of Theresa Marie Schiavo.
IN THE SENATE OF THE UNITED STATES
MARCH 20, 2005
Mr. FRIST (for himself, Mr. MARTINEZ, and Mr. SANTORUM) introduced the following bill; which was read twice, considered, read the third time, and passed
AN ACT
For the relief of the parents of Theresa Marie Schiavo.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE
4 SCHIAVO.
5 The United States District Court for the Middle Dis-
6 trict of Florida shall have jurisdiction to hear, determine,
7 and render judgment on a suit or claim by or on behalf
8 of Theresa Marie Schiavo for the alleged violation of any
9 right of Theresa Marie Schiavo under the Constitution or
10 laws of the United States relating to the withholding or
1 withdrawal of food, fluids, or medical treatment necessary
2 to sustain her life.
3 SEC. 2. PROCEDURE.
4 Any parent of Theresa Marie Schiavo shall have
5 standing to bring a suit under this Act. The suit may be
6 brought against any other person who was a party to State
7 court proceedings relating to the withholding or with-
8 drawal of food, fluids, or medical treatment necessary to
9 sustain the life of Theresa Marie Schiavo, or who may act
10 pursuant to a State court order authorizing or directing
11 the withholding or withdrawal of food, fluids, or medical
12 treatment necessary to sustain her life. In such a suit, the
13 District Court shall determine de novo any claim of a vio-
14 lation of any right of Theresa Marie Schiavo within the
15 scope of this Act, notwithstanding any prior State court
16 determination and regardless of whether such a claim has
17 previously been raised, considered, or decided in State
18 court proceedings. The District Court shall entertain and
19 determine the suit without any delay or abstention in favor
20 of State court proceedings, and regardless of whether rem-
21 edies available in the State courts have been exhausted.