TERRI'S PARENTS' PRESS RELEASE now up at www.terrisfight.org (in PDF format). If someone knows how to translate that for viewing here, feel free.
Press Release from the Schindler's Attorneys
Florida Court of Appeals Rules Without Hearing Argument Pinellas County, Florida
Attorneys for Robert and Mary Schindler, parents of Theresa Schiavo, are disappointed with todays one-line order from Floridas Second District Court of Appeal. The order, issued without a written opinion, dismissed a motion filed by Terri Schiavos parents asking the court to consider a recent Papal Declaration. The court ignored the Schindler family attorneys request for oral arguments to address these important new issues.
The Schindler family is appalled that the 2nd DCA would treat such an important matter of religious freedom in such a cavalier fashion. They are strengthened in their resolve to continue to fight for the life of their daughter and intend to continue to exhaust every legal avenue available.
The Free Exercise of Religion, guaranteed to disabled patients by both the Florida Constitution and the Florida Religious Freedom Restoration Act is not being adequately protected by the Florida courts in this case. The new Papal Declaration makes a clear statement of Catholic religious doctrine that water and food, even when provided by artificial means, always represent a natural means of preserving life, not a medical act.
Its use, furthermore, should be considered, in principle, ordinary and proportionate, and as such moral and obligatory. Attorney David Gibbs III, representing the Schindlers in their appeal, said, We believe that the Papal Declaration, issued in March of 2004, is new evidence that as a matter of law should require a new hearing into what Terris wishes would be today, given her devout faith and her current inability to speak for herself. Although Terri is unable to speak, she is very alert and aware of her environment and interacts regularly with her parents through sounds, facial expressions, laughter, and other non verbal communication.
"Terri is not in a coma; nor does she require any other assistance to maintain her life beyond assisted feeding through a tube.