Sam (![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
l33tminion) wrote2005-03-18 04:47 pm
l33tminion) wrote2005-03-18 04:47 pm
Issues
You've all probably heard about the recent decision regarding same-sex marriage in California. I think the judge's argument, "The State's protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional," is extremely sound. And the judge, Richard Kramer, is conservative. From what I've read, it seems that the man is dedicated to justice, not to some political organization.
I may often disagree with people's political opinions, but even when there is no agreement, it is good to be able to understand the other side's argument. This is why the real divide in American politics scares me so much.
Another news item I want to comment on is the recent developments in the unfortunate situation regarding Terri Schiavo. After much discussion and debate with![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
conuly and others, I have clarified my thoughts on the issue.
I have a few points I would like to clarify:
1. Schiavo is on a feeding tube, not a respirator. I knew this before, but it was not at the front of my mind.
2. Schiavo is in a vegetative state. The prognosis for recovery is practically nonexistent. When her parents say that she could improve with therapy, they seem to mean that maybe her swallowing reflex could be restored. [1]
3. The extent of Schiavo's brain damage is such that Schiavo's cerebrum is, effectively, gone. [2]
4. Schiavo has been in a vegetative state for 15 years.
When Schiavo married her husband, that made him her next-of-kin. That gave him power of attorney. That means she trusted him to make decisions for her if she was incapacitated. If she did not trust him, she could have given someone else power of attorney, or written more explicit instructions for situations like this. As it is, the husband does have power of attorney, so he makes the decisions, unless the government has a compelling reason to intervene. Because there was a conflict of opinion as to whether the state did have a compelling reason to intervene, the case went to court. The state examined the case, listened to both sides and impartial experts, and decided that it did not. The case was appealed, the decision was not changed. The case was brought to the US Supreme Court, and they denied it because the issue had already been decided.
It is clear that under the current law, there is no justification for government intervention in this case. I think it does our justice system too little credit to say that this decision was lightly made by the Florida judges. After all, this case has been in progress for years. It was no rush decision.
I think that Mr. Schiavo has the right to make the decision he thinks is best for his wife, as his wife trusted him to make that sort of decision, and the courts have decided that the government has no compelling reason to intervene. The only way that intervention at this point could possibly be fair would be to change the laws regarding power of attorney and next-of-kin in general, and I have not seen a good reason to do so.
I may often disagree with people's political opinions, but even when there is no agreement, it is good to be able to understand the other side's argument. This is why the real divide in American politics scares me so much.
Another news item I want to comment on is the recent developments in the unfortunate situation regarding Terri Schiavo. After much discussion and debate with
conuly and others, I have clarified my thoughts on the issue.I have a few points I would like to clarify:
1. Schiavo is on a feeding tube, not a respirator. I knew this before, but it was not at the front of my mind.
2. Schiavo is in a vegetative state. The prognosis for recovery is practically nonexistent. When her parents say that she could improve with therapy, they seem to mean that maybe her swallowing reflex could be restored. [1]
3. The extent of Schiavo's brain damage is such that Schiavo's cerebrum is, effectively, gone. [2]
4. Schiavo has been in a vegetative state for 15 years.
When Schiavo married her husband, that made him her next-of-kin. That gave him power of attorney. That means she trusted him to make decisions for her if she was incapacitated. If she did not trust him, she could have given someone else power of attorney, or written more explicit instructions for situations like this. As it is, the husband does have power of attorney, so he makes the decisions, unless the government has a compelling reason to intervene. Because there was a conflict of opinion as to whether the state did have a compelling reason to intervene, the case went to court. The state examined the case, listened to both sides and impartial experts, and decided that it did not. The case was appealed, the decision was not changed. The case was brought to the US Supreme Court, and they denied it because the issue had already been decided.
It is clear that under the current law, there is no justification for government intervention in this case. I think it does our justice system too little credit to say that this decision was lightly made by the Florida judges. After all, this case has been in progress for years. It was no rush decision.
I think that Mr. Schiavo has the right to make the decision he thinks is best for his wife, as his wife trusted him to make that sort of decision, and the courts have decided that the government has no compelling reason to intervene. The only way that intervention at this point could possibly be fair would be to change the laws regarding power of attorney and next-of-kin in general, and I have not seen a good reason to do so.