Tag Archives: Court

News

NHS appeals decision allowing midwives to conscientiously object to performing abortions

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What happens when you let a secular government take over health care provisioning?

Here is a story from the BBC about the state-run health care system in the UK.

Excerpt:

The UK’s highest court will hear legal arguments on whether midwives have a right to refuse to take any part in abortion procedures on moral grounds.

NHS Greater Glasgow and Clyde appealed to the Supreme Court after judges in Scotland said Roman Catholic midwives had a right to conscientious objection.

[…]Five judges in London will hear the case. A ruling is expected next year.

Ms Doogan, from Garrowhill in Glasgow, and Mrs Wood, from Clarkston in East Renfrewshire, were employed as labour ward co-ordinators at the Southern General Hospital in Glasgow.

[…]This landmark case tests the balance between those whose religious beliefs do not allow them to play any part whatsoever in abortion, and the health authorities’ duty under the law to enable women to have an abortion. Many Christian groups back the midwives’ position.

The midwives’ counsel, Gerry Moynihan QC, told the court in the women’s earlier successful appeal that the law was clear that the right to conscientious objection contained in the Abortion Act was intended to apply to the whole team whose involvement was necessary to achieve the procedure.

If the Supreme Court upholds the midwives’ earlier successful appeal, it could set a legal precedent, allowing other midwives who object to abortion to take the same stance.

The Royal College of Midwives and the women’s charity British Pregnancy Advisory Service have both warned that any such ruling could have severe implications for the care of women choosing to terminate their pregnancy.

The BPAS is the largest abortion provider in the UK. I blogged before about their leader, Ann Furedi, who supports sex-selection abortions. I thought then that sex-selection abortions was the worst thing about abortion, but now I see that she would actually force her moral views on other people, compelling them by the power of government to act against their beliefs. There is something deep inside me that just recoils from making a person do something that they think is morally wrong. But I guess pro-abortion people don’t share my concern.

When I blogged before about these two midwives when they won their appeal case, I wrote this:

If the health care system were private, then it would be easy for midwives to find another company to work for that did not violate their consciences. But when the government runs the whole health care system, where are you supposed to go? They are a monopoly and they make the rules. Yet another reasons for Christians to vote for smaller government. In a free market, if you don’t want to buy something from one store, you can go to another store. There is competition. But where are these nurses supposed to go? They are midwives, and the government and the courts make the rules in a government-run health care system.

This is why we need to keep the government OUT of health care. When you work for a government monopoly, and they want you to do something that you don’t want to do, you have two choices – do what they want or leave the country. If the only health care system is government-run, then if you want to practice health care, you have to leave. That seems unfair to me.

Polemics

Stephen Baskerville: five myths about no-fault divorce

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From the Catholic News Agency.

Introduction:

Almost four decades after the “no-fault” divorce revolution began in California, misconceptions abound. Even the many books about divorce, including myriad self-help manuals, are full of inaccurate and misleading information. No public debate preceded the introduction of no-fault divorce laws in the 1970s, and no debate has taken place since.

Yet divorce-on-demand is exacting a devastating toll on our children, our social order, our economy, and even our constitutional rights. A recent study estimates the financial cost of divorce to taxpayers at $112 billion annually. Recent demands to legitimize same-sex marriage almost certainly follow from the divorce revolution, since gay activists readily acknowledge that they only desire to marry under the loosened terms that have resulted from the new divorce laws. Divorce also contributes to a dangerous increase in the power of the state over private life.

Here are the five myths about no-fault divorce:

  • No-fault divorce permitted divorce by mutual consent, thus making divorce less acrimonious
  • We cannot force people to remain married and should not try
  • No-fault divorce has led men to abandon their wives and children
  • When couples cannot agree or cooperate about matters like how the children should be raised, a judge must decide according to “the best interest of the child”
  • Divorce must be made easy because of domestic violence

And the details about number three:

Myth 3: No-fault divorce has led men to abandon their wives and children.

Fact: This does happen (wives more often than children), but it is greatly exaggerated. The vast majority of no-fault divorces — especially those involving children — are filed by wives. In fact, as Judy Parejko, author of Stolen Vows, has shown, the no-fault revolution was engineered largely by feminist lawyers, with the cooperation of the bar associations, as part of the sexual revolution. Overwhelmingly, it has served to separate large numbers of children from their fathers. Sometimes the genders are reversed, so that fathers take children from mothers. But either way, the main effect of no-fault is to make children weapons and pawns to gain power through the courts, not the “abandonment” of them by either parent.

Al Mohler wrote about the history of no-fault divorce a while back, and I think it’s worth reviewing why we have this lousy law.

The story behind America’s love affair with no-fault divorce is a sad and instructive tale. As Baskerville documents, no-fault divorce laws emerged in the United States during the 1970s and quickly spread across the nation. Even though only nine states had no-fault divorce laws in 1977, by 1995, every state had legalized no-fault divorce.

Behind all this is an ideological revolution driven by feminism and facilitated by this society’s embrace of autonomous individualism. Baskerville argues that divorce “became the most devastating weapon in the arsenal of feminism, because it creates millions of gender battles on the most personal level.” As far back as 1947, the National Association of Women Lawyers [NAWL] was pushing for what we now know as no-fault divorce. More recently, NAWL claims credit for the divorce revolution, describing it as “the greatest project NAWL has ever undertaken.”

The feminists and NAWL were not working alone, of course. Baskerville explains that the American Bar Association “persuaded the National Conference of Commissioners on Uniform State Laws [NCCUSL] to produce the Uniform Marriage and Divorce Act.” Eventually, this led to a revolution in law and convulsions in society at large. This legal revolution effectively drove a stake into the heart of marriage itself, with inevitable consequences. In effect, no-fault divorce has become the catalyst for one of the most destructive cultural shifts in human history. Now, no-fault divorce is championed by many governments in the name of human rights, and America’s divorce revolution is spreading around the world under the banner of “liberation.”

And note that Democrats oppose any effort to reform laws that make it easy to break up marriages:

A basic dishonesty on the question of divorce pervades our political culture. Baskerville cites Michigan governor Jennifer Granholm as referring to divorce as a couple’s “private decision.” Granholm’s comments came as she vetoed a bill intended to reform divorce law in her state. The danger and dishonesty of referring to divorce as a couple’s “private decision” is evident in the fact that this supposedly private decision imposes a reality, not only on the couple, but also on children and the larger society. Indeed, the “private decision” is really not made by a couple at all–but only by any spouse demanding a divorce.

So, no-fault was pushed by two groups: feminists and trial lawyers.

There’s a lot of talk these days about gay marriage and how it undermines marital norms and normalizes raising children without either their biological father or biological mother. But before there was gay marriage, there was no-fault divorce, which deprives children of their biological father. There is no provision for no-fault divorce in the Bible, so it seems to me that Christians should be against frivolous divorce just like we are against same-sex marriage.

News

Kevin DeYoung’s article opposing gay marriage has broad appeal

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Marriage and family
Marriage and family

In my own secular case against gay marriage from a while back, I argued for 3 points:

  • same-sex marriage is bad for liberty, especially religious liberty
  • same-sex marriage is bad for children
  • same-sex marriage is bad for public health

My hope when I wrote that was that pastors and other Christian leaders would learn to argue for what the Bible says by using evidence from outside the Bible, so that they would be able to appeal to more people instead of only appealing to the minority of people who accept the Bible. I think that Christians who argue for their views by citing the Bible only will only be convincing to people who already accept the Bible. But there is not a majority of people who do accept the Bible as an authority, so I think that pastors have to make another plan. They need to argue using the Bible to those who accept the Bible, and without the Bible to those who don’t accept it.

Now with that said, take a look at this article by pastor Kevin DeYoung that Dina sent me. It’s from earlier this week. The article makes the same exact three points as I made in my article last year. Let’s take a look at how Kevin does that.

My first point was liberty, especially religious liberty. He writes:

[I]n the long run, the triumph of gay marriage (should it triumph as a cultural and legal reality) will mean the restriction of freedoms for millions of Americans.

This will happen in obvious ways at first–by ostracizing those who disagree, by bullying with political correctness, and by trampling on religious liberty. Surely, Christians must realize that no matter how many caveats we issue, not matter how much we nuance our stance, no matter how much we encourage or show compassion for homosexuals, it will not be enough to ward off the charges of hatred and homophobia.

[G]ay marriage will challenge our freedoms in others way too. It’s not just Evangelicals, traditional Catholics, and Mormons who will be threatened. Once the government gains new powers, it rarely relinquishes them. There will be a soft tyranny that grows as the power of the state increases, a growth that is intrinsic to the  notion of gay marriage itself.

My second point was bad for children. He writes:

[T]he state has an interest in promoting the familial arrangement which has a mother and a father raising the children that came from their union. The state has been in the marriage business for the common good and for the well-being of the society it is supposed to protect. Kids do better with a mom and a dad. Communities do better when husbands and wives stay together. Hundreds of studies confirm both of these statements (though we all can think of individual exceptions I’m sure). Gay marriage assumes that marriage is re-definable and the moving parts replaceable.

My third point was bad for public health. He writes:

The unspoken secret, however, is that homosexual behavior is not harmless. Homosexuals are at a far greater risk for diseases like syphilis, HIV/AIDS, hepatitis, gonorrhea, HPV, and gay bowel syndrome. The high rate of these diseases is due both to widespread promiscuity in the gay community and the nature of anal and oral intercourse itself. Homosexual relationships are usually portrayed as a slight variation on the traditional “norm” of husband-wife monogamy. But monogamy is much less common among homosexual relationships, and even for those who value monogamy the definition of fidelity is much looser.

He also talks about the definition of marriage, and more.

I’ve criticized pastors before for dealing with social issues by only citing the Bible, like John Piper does. That approach won’t work on enough people to change society, because not enough people consider the Bible to be an authority in their decision-making. We have to use evidence from outside the Bible – like Wayne Grudem does in his “Politics According to the Bible”.

I think that pastor Kevin’s article is quality work, because it follows the pattern of taking an all-of-the-above approach to persuasion. He uses all means to persuade so that he might win some over to his side. I hope that many more pastors will do the same thing on this issue of marriage and other issues – even fiscal issues. Fiscal issues do have an impact on moral issues – think of how abortion subsidies and single mother welfare lower the penalties of recreational premarital sex. We can do this, we just have to do what works, instead of what makes us feel “holier-than-thou”.