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 today’s one-line order from Florida’s Second District Court of Appeal. The order, issued without a written opinion, dismissed a motion filed by Terri Schiavo’s parents asking the court to consider a recent Papal Declaration. The court ignored the Schindler family attorney’s 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 Terri’s 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.”
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WASHINGTON--(BUSINESS WIRE)--Dec. 29, 2004--The American Center for Law and Justice, which represents the parents of Terri Schiavo in a legal battle to keep their daughter alive, today asked the U.S. Supreme Court to take the Florida case in which the Florida Supreme Court declared unconstitutional "Terri's Law" - a state law enabling Florida Governor Jeb Bush to save Terri from starvation and dehydration. The ACLJ today filed an amicus brief with the high court on behalf of Mary and Robert Schindler - Terri's parents - in support of a petition filed by Governor Bush asking the high court to take the case.
"This is a case that certainly deserves consideration by the Supreme Court and we are supporting the Governor's office in its effort to have the high court take this critically important case," said Jay Sekulow, Chief Counsel of the ACLJ, which is representing the Schindlers in their efforts to defend the emergency Florida legislation that saved their daughter's life. "At the center of this life and death struggle is Terri Schiavo - a woman who has received a death sentence from the Florida courts. The Governor and legislature acted properly and constitutionally in passing 'Terri's Law.' We are asking the high court to take this case to protect the life of Terri Schiavo by upholding the constitutionality of Florida's decision to enact life-saving legislation - the measure that saved Terri's life."
The brief
(http://www.aclj.org/media/pdf/AmicusBriefinSupportofPetitioner2.pdf)
said the decision by the Florida Supreme Court is an "astonishing and unprecedented ruling" and encouraged the high court to send the case back to the Florida Supreme Court for further clarification prior to accepting the case.
The brief argues that the Florida Supreme Court acted unconstitutionally in its decision when it determined that once any court has issued a decree regarding the care and treatment of an incompetent person, neither the legislature nor the executive branch can take independent steps on behalf of the incompetent person's welfare. The brief states that "the state supreme court's construction of the Florida Constitution to produce such a ruling renders that state constitution, as applied, unconstitutional under the federal constitution ..."
The brief also asserts that Terri Schiavo, a disabled woman whose husband wants her life to end, is not in a persistent vegetative state, as alleged by her husband, that her condition is not terminal and untreatable, and that she is aware of her surroundings and does not want to die - especially by starvation and dehydration.
Governor Bush acting under "Terri's Law," ordered feeding and hydration tubes to be restored to Terri after a Florida trial court had ordered them removed. On behalf of the Schindlers, the ACLJ urged the state's highest court in Bush v. Schiavo to reverse a lower court ruling that struck down "Terri's Law" as unconstitutional. In September 2004, the Florida Supreme Court upheld the lower court decision.
The American Center for Law and Justice, which specializes in constitutional law and the protection of human life, is based in Washington, D.C. and its website address is www.aclj.org.
FV SAYS: Thank you, ACLJ.
Thanks for posting the Schindler's Attorney Press Release.
LifeNews.com | December 29, 2004 | Steven Ertelt
Clearwater, FL (LifeNews.com) -- In a decision released Wednesday with no written opinion, Florida's Second District Court of Appeal denied an appeal filed by the parents of disabled woman Terri Schiavo saying that starving her to death would be a violation of her religious liberties.Bob and Mary Schindler argue that euthanizing Terri would abrogate her First Amendment religious rights. As a Catholic, Terri likely would agree with the church's position against euthanasia.
The Schindlers pointed to recent comments against euthanasia and assisted suicide by Pope John Paul II. The pontiff has said that removing the feeding tube form a disabled patient like Terri constitutes "euthanasia by omission." The appeals court's decision upholds a ruling by Circuit Court Judge George Greer in October also denying the religious liberties arguments.
Terri's estranged husband Michael praised the appeal courts decision in a press release from George Felos, the euthanasia advocate who is his lead attorney.
Michael called it a "prompt and definitive denial of the Schindlers' frivolous claim."
Them's fightin' words. Terri's fight press release: Florida Court of Appeals Rules in Terri's Case Without a Hearing -- http://www.freerepublic.com/focus/f-news/1310520/posts
Terri Schindler-Schiavo Foundation ^ | 12/29/04 | Terri Schindler-Schiavo Foundation
Attorneys for Robert and Mary Schindler, parents of Theresa Schiavo, are disappointed with today’s one-line order from Florida’s Second District Court of Appeal. The order, issued without a written opinion, dismissed a motion filed by Terri Schiavo’s parents asking the court to consider a recent Papal Declaration. The court ignored the Schindler family attorney’s 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 Terri’s 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.”