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The Guilfordian

The student news site of Guilford College

The Guilfordian

The student news site of Guilford College

The Guilfordian

Schiavo case sparks bitter debate

Michael Schiavo (WWW.CNN.COM)
Michael Schiavo (WWW.CNN.COM)

Fifteen years after descending into a persistent-vegetative state (PVS), Terri Schiavo, the brain-damaged Florida woman at the center of an emotional national controversy, died on March 31. Schiavo’s death, which occurred 13 days after courts ordered the removal of her feeding tubes, ended 12 years of legal disputes. Judicial battles in the Terri Schiavo case, which sought to resolve whether her spouse or family had legal guardianship over her, became the center stage for a national right-to-live political rally.

“She didn’t want to be kept alive by anything artificial. She didn’t want any tubes, did not want to be a burden to people,” said her husband, Michael Schiavo. “She made that comment to me and she made that comment to other people also.”

Terri’s family, however, claim that she was a devout Roman Catholic and would not have chosen to end her life. Family supporter and National Director of Priests for Life Father Frank Pavone, also believes that court verdicts mandated murder.

“Under her right arm is a stuffed dog, under her left arm is a stuffed-animal kitten, and next to her left arm, a bunny rabbit,” said Pavone on CNN, describing Terri in her final moments. “Were those animals real animals, we would not be allowed to do to them what is happening to Terri right now.”

Eric Mortensen, assistant professor of religious studies, however, believes that removing Terri’s feeding tubes is not the same as killing her. It is allowing her die. Since the courts have ruled in her favor, it is utterly in her right to do.

“I think being allowed to die is an age-old accepted thing in most cultures,” said Mortensen, who believes that religions such as Hinduism, Christianity and Judaism have no problems with a do-not-resuscitate order.

Mortensen cautions that being allowed to die must be separated from suicide and euthanasia, which most religions oppose.

“Suicide is free choice. Terri’s circumstances have changed; she no longer has free choice,” said Mortenson, referring to her dependency on feeding tubes and artificial life-support. “Being allowed to die is not suicide.”

Mortensen questions the consistency of right-to-lifers who are both pro-war and pro-capital punishment but say that Terri Schiavo should have been kept alive at all costs.

Right-to-lifers argue that Michael, who has a child by his new fiance, has acted only in his best interest.

Assistant professor of philosophy Lisa McLeod, who used to practice criminal defense law in California argues for Michael Schiavo.

“It took him quite a long time to give up,” said McLeod. “It suggests that perhaps he is not as callous as some people think.”

Michael and Terri were married for six years before Terri went into a persistent vegetative state in 1990. Michael waited years before petitioning courts to remove her feeding tube.

State courts ruled in favor of Michael Schiavo.

Desperate to overturn the appellate court order, Terri’s family turned to Florida Gov. Jeb Bush.

“I don’t have the power to overturn a court decision,” said Bush. Yet only six days later he signed Terri’s Law, which nullified court orders and reinserted Terri’s feeding tube.

In 2004, after questioning the constitutionality of Terri’s Law, Florida Supreme Court struck the law down. Jeb Bush’s appeal to the U.S. Supreme Court was denied a hearing, and Terri’s tube was again removed on March 18 of this year.

Court rulings were in agreement with precedent cases of other PVS patients like Karen Ann Quinlan, Hugh Finn and Nancy Cuzan, all of whom were allowed to be removed from artificial life-support and die.

However, the national attention and conservative momentum built up by the Terri right-to-life debate incited the U.S. Congress to pass a special law granting federal courts jurisdiction to review the Schiavo case. President Bush flew in during the middle of the night to sign the bill into law.

Still, federal courts refused to review the Schiavo case, ruling that state courts had done an adequate job in their review, and no further evidence was present to start a new trial.

National polls indicated that as many as 63 percent of Americans supported court decisions that allowed for the removal of Terri’s feeding tube, while 28 percent opposed them.

“We want not to send the message that some lives are not worth living,” said McLeod, who supports the court decision. “However, it’s one thing to kill people and another to let them die.”

McLeod urges people to understand the different perspectives involved in this case. “Whatever your perspective on Terri’s state, it’s not as personal as those of the family members involved,” she said. “Imagine if it was your sister.

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