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by Margaret Datiles, J.D., Associate Fellow
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In January, the Senate voted against H.R. 2 (repealing Obama’s health
care law) and then in April voted down two resolutions that would have
prohibited taxpayer funding for abortion – one blocking taxpayer funds
to Planned Parenthood and another prohibiting funds for abortion under
the health care law. In the wake of these Senate votes, state
legislatures are taking control over abortion funding in their own
states by enacting “opt-out” legislation and other similar laws.
As recent polls have shown, over 70% of Americans oppose taxpayer
funding for abortion and abortion coverage. The failure of Congress to
pass laws that reflect the views and values of the American people has
prompted state legislatures to pass their own laws prohibiting taxpayer
funding for abortion.
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06/02/2011
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by Magaret Datiles, J.D., Associate Fellow
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On April 14th, by a 241-185 vote, the U.S. House of Representatives
passed a measure to de-fund Planned Parenthood under Obama’s new health
care law. The bill was subsequently defeated in the U.S. Senate by a
42-58 vote later the same day. Similar to the House bill that would
have fully repealed ObamaCare, the defeat of this bill in the Senate was
easily predicted and expected. Although the defeat of the bill
de-funding Planned Parenthood may seem to be a pro-life loss, it plays a
significant role in the long-term success of pro-life efforts on the
legislative level.
The U.S. Senate and House votes on the de-funding bill exposed which
senators and representatives favor taxpayer funding for abortion. This
information will be crucial to American voters during the upcoming
Senate races.
The debate surrounding the funding of Planned Parenthood under ObamaCare
also fueled the release of recent polling data which show that the
majority of Americans oppose taxpayer funding for abortions. Pro-life
America is now equipped with the information it needs to vote for truly
pro-life senators in the next round of elections.
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04/19/2011
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by William E. May, Ph.D. Senior Fellow
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There are several “hard
cases” that advocates of abortion find difficult to justify. In the recent, The Ethics of Abortion: Women’s Rights,
Human Life, and the Question of Justice (New York/London: Routledge Taylor
& Francis Group, Routledge Annals of Bioethics, 2011), author Christopher
Kaczor identifies these contradictions of reason as 8 “hard cases.” The first two cases he treats, 1. murder of
pregnant women, and 2. sex selection abortion, I will consider for this essay
and elaborate with material of my own.
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04/12/2011
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by Margaret Datiles, J.D., Associate Fellow
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Yesterday, the U.S. House of Representatives passed H.R. 2, a measure to repeal Obama’s health care law. Entitled, “Repealing the Job-Killing Health Care Law Act,” the measure was passed by a 245-189 vote, with unanimous GOP approval. Today, the House will consider H.R. 2’s companion bill, H.R. 9, which will instruct four House committees to draft new legislation to replace the health care law. As part of the GOP’s campaign promise to “repeal and replace” ObamaCare, H.R. 9 charges the appropriate House committees with drafting a new health care law that will prohibit denial of coverage for preexisting conditions, reduce medical malpractice suits, and “prohibit taxpayer funding of abortions and provide conscience protections for health care providers.”
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01/20/2011
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by Margaret Datiles, Associate Fellow in Law
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Introduction
On October 13, a judge in Northern Ireland’s High Court dismissed claims brought
by two children seeking damages from the IVF clinic that used mislabeled
sperm to inseminate their mother’s eggs, resulting in the children
having darker skin than their legal parents. The parents had desired
sperm from a “white” donor to be used in the insemination. The children
attempted to bring forth a “wrongful life” cause of action based on the
color of their skin.
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11/02/2010
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by Margaret Datiles, Esq., Associate Fellow in Law
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On September 23, House Republican leaders released their “Pledge to
America,” a broad set of policy proposals and goals covering five basic
areas: jobs, government spending, health care, congressional reform and
national security. The ambitious GOP agenda notably vows to “repeal and
replace Obamacare.” Specifically, it declares: “We will permanently
end taxpayer funding of abortion and codify the Hyde Amendment.” It
also states that Republicans “pledge to honor families [and] traditional
marriage.”
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10/12/2010
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by Margaret Datiles, Esq.
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I. Introduction
In his August 24, 2010 order in Sherley v. Sebelius [1], U.S. district
court Judge Royce Lamberth declared that the Obama Administration’s new
embryonic stem cell research policy is illegal because it violates the
plain language and intent of the Dickey-Wicker Amendment. For a short
time, all federally-funded embryonic stem cell (ESCR) research was
halted.
With the Sherley v. Sebelius case pending, a possible appeal on the
horizon, and congressmen introducing legislation to override Dickey
before the November elections, the existence of a ban on the use of
federal funds for destructive ESCR appears to hang upon a thread.
However, the solid legal reasoning behind Judge Lamberth’s preliminary
injunction, the overall public opposition to taxpayer funded ESCR, and
other factors may indicate the opposite.
This article will discuss the district court’s interpretation of the
Dickey-Wicker Amendment and other issues affecting the political
landscape for ESCR research funding. Let us begin with a brief summary
of important dates and events relevant to the current legal situation:
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09/14/2010
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by E. Christian Brugger, Ph.D., Senior Fellow in Ethics
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 Health Care Action Alert We have a pro-life statesman in Washington. And he’s a Democrat.
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03/04/2010
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by E. Christian Brugger, Ph.D., Senior Fellow in Ethics
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Pro-Abortion Health Care Bill is Not Dead.
Three troubling facts you should know about:
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02/19/2010
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by E. Christian Brugger, Ph.D., Senior Fellow in Ethics
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BAXTER, et al. v. STATE OF MONTANA
Justice WILLIAM LEAPHART
Filed December 31, 2009
In late December, Montana became the third state (behind Washington and
Oregon) to permit physician assisted suicide to terminally ill
patients. The State Supreme Court in Baxter et al. v. State of Montana
was considering an appeal of a ruling from a lower district court dated
December 2008 finding in Montana’s Constitution a “right” of the
terminally ill to kill themselves with the assistance of physicians
(implying that the doctors assisting them were to be shielded from
prosecution under the state’s homicide laws). Interestingly, the court
declined to rule on the question of the constitutionality of assisted
suicide claiming to follow the judicial principle that courts should
refrain from deciding cases at the level of the Constitution when an
issue could be resolved by appeal to existing law. Having said this,
Montana’s Supreme Court ruled that existing Montana law permits doctors
without fear of prosecution to prescribe medications to terminally ill
patients who wish to kill themselves.
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01/25/2010
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by E. Christian Brugger, Ph.D., Senior Fellow in Ethics
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By now the whole world (and several worlds beyond) has heard the news
that because of the upset election in Massachusetts yesterday, the
Senate Democrats have lost their supermajority. This is indeed
extraordinary news, especially for critics of universal health care.
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01/20/2010
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by E. Christian Brugger, Ph.D., Senior Fellow of Ethics
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STATUS QUESTIONIS
As you know, the U.S. Senate on December 24 passed its version of
universal health care (H.R. 3590: the “Patient Protection and
Affordable Care Act”). Unfortunately, the bill passed with a robust
abortion mandate at its center. Defenders of the unborn had put their
political hopes in ‘pro-life’ Democrat Ben Nelson of Nebraska, who was
threatening to oppose the bill unless Senate leadership included a
Stupak-like amendment excluding all federal abortion funding. Under
pressure from the White House and Senate leadership, Nelson broke at
the eleventh hour and vowed his support for the bill as amended by
Harry Reid’s “Manager’s Amendment.” The bill passed in a perfect party
line vote without a single Republican supporting it.
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01/05/2010
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by E. Christian Brugger, Ph.D., Senior Fellow in Ethics
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Speaking about laws that legalize abortion, Pope John Paul II states
flatly in Evangelium Vitae that “there is a grave and clear obligation
to oppose them by conscientious objection” (no. 73, emphasis in text).
It is clear from the context in the encyclical that “oppose them by
conscientious objection” refers to laws that require one wrongfully to
cooperate in doing evil. In such a case one has a “clear obligation”
to refuse, even when one’s refusal threatens considerable sacrifice.
For example, doctors, nurses, and medical students have an obligation
to refuse to participate in performing abortions or abortion training.
When following a human law means violating God’s law, we are not only
justified but have a duty to refuse to follow the law—as St. Peter
proclaims before the Sanhedrin, “We must obey God rather than men”
(Acts 5:29).
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08/31/2009
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by Helen Alvaré, J.D. and E. Christian Brugger, Ph.D.
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ETHICAL QUESTIONS A CATHOLIC SHOULD ASK
Dear Friends of a Culture of Life,
We think that significant moral
questions are raised by the universal health debate and would like to formulate several for you. Our purpose is not to draw a
one-size-fits-all conclusion about the merits of all current health
care bills. These raise complex questions and there are reasons to
support and/or oppose various pieces of different bills.
The Catholic Church has affirmed for some time a right to a minimum of
decent, humane and accessible health care.[1] This does not imply that
a nationalized health care system is a good idea, nor its establishment
a fundamental right. But it does imply that Catholics should work for
some kind of improvement or reform in the current system on behalf of
those who cannot afford adequate care.
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08/17/2009
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by Rebecca Mastee, Legal Extern, Americans United for Life
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Consider Elizabeth, a twelve year old girl living in Pennsylvania, a
state which has enacted a number of common-sense and protective
regulations on abortion. With parental consent and other requirements
within her state, one would believe that Elizabeth is protected from
the dangers inherent in abortion. However, if the United Nations
Convention on the Rights of the Child is ratified, under international
law, these protections would be imperiled. Elizabeth’s parents would
no longer be able to protect her. They would not be permitted to
inculcate her with their moral and religious beliefs regarding
sexuality; instead, she would be encouraged to make her own “choice”
after being exposed to mass media, popular culture, and instructional
programs allegedly designed to promote her social and moral
well-being. If she were to consider an abortion, her parents would not
be entitled to receive any information about it because to do so would
violate her “right to privacy.” Moreover, unfettered and direct access
to contraception -- without the “inconvenience” of involving her
parents -- would also be her “right.”
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03/19/2009
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by Helen Alvaré, J.D., Senior Fellow in Law
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The Obama administration has decided to roll back a rule issued by the
Department of Health and Human Services during the Bush administration
that provided enforceable conscience protection for health care
providers and institutions who do not wish to become involved with
abortion. Shortly before he left the White House, President Bush
facilitated the issuing of these regulations by his Department of
Health and Human Services (“HHS”). They became effective during January
2009. The first draft of these regulations were issued by HHS for
public comment in August of 2008, and elicited a reflection from
Culture of Life Fellow Dr. Christian Brugger. He wrote at that time
that abortion activists focused their public opposition to these
regulations upon the possibility that they could empower health care
providers to refuse to dispense “emergency contraception” (EC) given
some evidence that EC might act as an abortifacient in some instances.
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03/13/2009
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by Mailee R. Smith, Staff Counsel, Americans United for Life
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In a breath-taking example of legislating by court order, a Montana
district judge has set Montana on the fast track to killing its own
citizens. In her December 2008 order, Judge Dorothy McCarter ruled
that persons in Montana have a right to die, and a right to assistance
in dying.
Suicide advocates are claiming that Montana is now the third state in
the nation to allow physician-assisted suicide. But that is not
entirely correct. It would be more accurate to state that Montana is
potentially the first state in the nation to allow active euthanasia.
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02/12/2009
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by Helen Alvaré, J.D., Senior Fellow in Law
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We know what President Obama has already done respecting abortion. On his 4th day in office, he signed an executive order restoring federal funds to groups overseas who provide abortion alongside “family planning” methods like contraception. (You will hear some correctly refer to this as his “reversing the Mexico City policy,” named after the 1984 Mexico City conference during which the Reagan administration first announced a freeze on U.S. funding of overseas abortion providers).
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01/29/2009
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by J. Margaret Datiles, Staff Counsel, Americans United for Life
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On January 22, 1973, the U.S. Supreme Court handed down a decision that condemned millions of unborn children and their mothers and ensured that the public debate over abortion would continue and coarsen. This decision also swept away the long-established and publicly-supported abortion laws of every single state in the nation, disregarding the wishes of the fifty state legislatures and the people they represent. The devastating blow of Roe v. Wade to American law and society can never be understated.
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01/15/2009
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by Denise M. Burke and Mailee R. Smith, Americans United For Life
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“[R]ecognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world” Preamble, Universal Declaration of Human Rights (1)
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12/11/2008
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by Denise M. Burke And Mailee R. Smith
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On December 10, 1948, in the immediate aftermath of the horror and carnage of World War II, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), a document affirming the dignity and rights of all human beings. What has been described by some as a “Magna Carta for all humanity” has been translated into more than 200 languages and remains one of the best known and most often cited human rights documents in the world.
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12/11/2008
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by J. Margaret Datiles, Staff Counsel, Americans United for Life
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On November 4, 2008, the pro-life movement suffered losses on five state ballot initiatives. Yet there is much we can learn from the three pro-life ballot initiatives defeated (in California, Colorado, and South Dakota) and the two anti-life ballot initiatives passed (in Michigan and Washington).
Specifically, these losses demonstrate that legislative efforts at the state level must remain at the forefront of the cause for life during the coming Obama administration. With dangerous legislation like the Freedom of Choice Act—a radical bill Obama has promised to sign—looming, pro-life forces continue to enact laws protecting women and the unborn from the negative impact of abortion and take immediate action to counter the increased efforts by abortion advocates to enshrine abortion-on-demand into American law. We have learned that our greatest successes—as demonstrated in South Dakota—have come not through ballot initiatives, but through such state legislative action.
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11/12/2008
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by Junior Fellow, Jacinta Latawiec
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By creating a distinction between an “embryo” and a “preembryo” and declaring the “preembryo” to be neither “person nor property” the Tennessee Supreme Court, in Davis v Davis, distorted the image of the human embryo. Although the distinction seems slight, separating the first fourteen days of life from the rest of development through a change in terminology is more than a technicality. It signified a radical step away from a personalist understanding of the embryo. Personalism argues that the embryo is human life, sacred at every stage, and deserving of protection from abuse or manipulation. In 1992 the Davis v Davis case opened the door to such manipulation through the power of legal terminology. The 1998 New York Supreme Court Case Kass v Kass followed in this path. By using the deceptive terminology set forth in Davis v Davis, the court again failed to acknowledge the central issue, the question of legal rights for “frozen embryos.” The meaning of the embryo must be recovered from the obscurity that the language of the court has veiled it in. Furthermore, as Josef Pieper reminds us, the manipulation or warping language is a deliberate misuse of power.(1)
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10/15/2008
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by Mailee R. Smith, Staff Counsel, Americans United for Life
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Most state legislative sessions have ended for 2008, and the results in the area of rights of conscience are fairly depressing. A disturbing 60 percent of all conscience-related bills considered this year were compulsion bills. In other words, these were not bills aimed at protecting the conscientious and moral beliefs of healthcare providers; instead, these were bills aimed at forcing pharmacists and other healthcare providers to provide drugs and treatments contrary to their moral beliefs.
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10/02/2008
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by Coalition Against Assisted Suicide
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Initiative 1000 in Washington State would legalize assisted suicide, permitting a doctor to give a lethal overdose to a
patient if the doctor feels that the patient is likely to die within six months.
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09/22/2008
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by Ioana Ardelean, Americans United for Life
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In a blind and ideologically-driven quest to impose abortion-on-demand on a reluctant nation, the Supreme Court of Mexico blatantly ignored the country’s Constitution when it recently upheld a law permitting abortion-on-demand during the first 12 weeks of pregnancy. The Mexican Constitution clearly states that human life must be defended “from conception until its natural end”, but the Supreme Court succumbed to pressures from international pro-abortion groups including the Center for Reproductive Rights and Planned Parenthood who have been aggressively pushing for abortion-on-demand in Mexico and other Latin American countries.
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09/04/2008
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by Denise M. Burke, AUL Vice-President and Legal Director
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“[T]he first thing I will do as President is sign the Freedom of Choice Act.”
Senator and Presidential Candidate Barack Obama
July 17, 2007, Address to the Planned Parenthood Action Fund
Just over a year ago, the public debate over abortion was irrevocably altered. In the landmark Gonzales v. Carhart decision, the U.S. Supreme Court upheld the federal ban on partial-birth abortion and, more importantly, abdicated, at least in part, its role as the “National Abortion Control Board.”
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08/08/2008
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by Junior Fellow, Jacinta Latawiec
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Although I grew up in St. Paul, Minnesota, I have found that my educational experience has led me all over the map. I am currently attending the Thomas More College of Liberal Arts as a political science major and I have been lucky enough to spend time studying on both their Merrimack and Rome campuses. As I look forward to completing my final year in the Bachelor of Arts program at the College, I am very happy to have had the opportunity to spend my summer as a Junior Fellow at the Culture of Life Foundation. My experience in Washington DC this summer has enabled me to meet new people and face exciting new challenges. My major project has led me to examine the abuse of language in embryonic disposition cases in the United States.
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07/17/2008
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by Maggie Datiles, Esq., Staff Attorney, Americans United for Life
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It has been nearly fourteen years since the Oregon Death with Dignity Act was approved by a narrow margin in November 1994. This year, state bills and ballot initiatives attempting to legalize and create a state constitutional right to physician-assisted suicide (PAS) have been introduced, and challenges against state criminal homicide laws prohibiting assisted suicide have been filed. Despite national and international data and studies demonstrating the dangers that assisted suicide poses to the sick, disabled and elderly, assisted suicide proponents continue to press forward with efforts to spread the practice beyond the borders of Oregon. The medical community has come out against the PAS, but advocates have ignored its advice and recommendations. Meanwhile, disability groups and civil rights organizations consistently oppose the spread of assisted suicide. Although physician-assisted suicide is currently allowed only in the state of Oregon, legalization of the practice has emerged as an area of renewed interest.
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07/10/2008
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by Mailee R. Smith, Esq. Staff Attorney, Americans United For Life
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In the last several years, the “usual suspects” in the pro-abortion movement have been infesting other nations with their pro-choice rhetoric. One need only peruse the first page of the Center for Reproductive Rights’ website to see headlines such as “Center for Reproductive Rights Denounces Chilean Constitutional Tribunal’s Decision to Ban Distribution of ‘Morning-After Pill’ in Public Facilities” and “Filipino Women and Men Sue Manila Mayor for Ban on Contraception.”(1) It is clear that the battle lines are now being drawn in countries far from our U.S. Supreme Court’s jurisdiction. Thus, it is becoming all the more important for the pro-life movement to shift to a more global focus, and support our pro-life brothers and sisters in other nations as they wage a war which has been litigated in this country for 35 years. We have much to offer from our wins and our losses.
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06/05/2008
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by Denise M. Burke
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Denise M. Burke is the Vice President & Legal Director, Americans United for Life
Over the last few decades, abortion advocates and others have launched a concerted campaign to force hospitals, healthcare institutions, health insurers, and individual healthcare providers to provide, refer for, or pay for elective abortions, abortifacient drugs, contraceptives, assisted reproductive procedures such as in vitro fertilization, and sterilizations. Their determined effort to eviscerate the concept of individual conscience and the freedom to follow one’s religious, moral or ethical beliefs from the medical profession has resulted in the following:
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05/16/2008
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by Joe Capizzi, Ph.D.
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The failure of the 20th century rights revolution is well illustrated in our failure to protect the most vulnerable — the unborn.
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04/18/2006
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by Mark Adams
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Apparently responding to Catholic bishops who spoke out in 2004 about the obligations of Catholics in public life to oppose legal abortion, 55 Catholic Democratic members of Congress have released a "Statement of Principles." Though the letter attempts to declare the signatories strong support for the dignity of life the document refuses to call for outlawing abortion and instead declares that "we acknowledge and accept the tension that comes with being in disagreement with the Church in some areas."
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03/01/2006
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by Mark Adams
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The Supreme Court announced yesterday that it will hear a case on the constitutionality of a federal law prohibiting partial birth abortion. The high court will likely have to decide whether or not to uphold a previous decision that struck down a Nebraska ban on partial birth abortion because the law did not contain an exception for the health of the mother.
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02/26/2006
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by Culture of Life
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A new report from a South Dakota legislative taskforce may provide a roadmap for challenging and overturning Roe v. Wade. The taskforce's report enumerates six assumptions of fact made by the Supreme Court in their 1973 decision and concludes that "it is clear that the most essential assumptions made by the Roe Court are incorrect . . ."
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01/25/2006
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