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DESTROYED EMBRYO DEEMED HUMAN (Chicago, IL Court Ruling)
Chicago Sun Times ^ | 2.5.05 | Steve Patterson

Posted on 02/05/2005 7:55:34 AM PST by gopwinsin04

A frozen embryo destroyed in a Chicago fertility clinic was a human being whose parents are entitled to file a wrongful death lawsuit, a Cook County judge rules Friday.

Attorneys on both sides of the abortion issue said it was the first such ruling they have heard of as the country debates whether stem cells derived from embryos can be used in research and medicine.

Alison Miller and Todd Parrish hoped to conceive a child with help from the Center of Human Reproduction, but the one fertilized egg the couple created was thrown out in error by a clinic worker.

Friday, Judge Jeffrey Lawrence II said 'a pre-embryo is a human being..whether or not it is impanted in its mother's womb' and the couple is entitled to seek the same compensation awarded to other parents whose children are killed. 'Philisophers and theologians may debate,' he wrote, but there is no doubt in the mind of the Illinois legislature when life begins. It begins at conception.'

Coleen Connell, executive director of the American Civil Liberties Union in Chicago, said she expected the ruling would be overturned on appeal.

James Costello, who represented the couple said the clinic workers negligence was now at issue goven the ruling. 'The embryo had a unique set of DNA not unlike a child and was just thrown out like a piece of garbage,' he said.

Pro Life Action Leage director Joe Scheidler praised the ruling. 'That is scientifically correct. Life begins at fertilization, not implantation.'

Northwestern Law Professor Dorothy Roberts warned that the ruling may have 'scary' and 'dangerous' implications for the law.

(Excerpt) Read more at suntimes.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Illinois
KEYWORDS: abortion; embryo; fetalrights; frozenembryo; ivf; prolife; roevwade; ussc
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Another reason why the Catholic Church and other faiths are AGAINST this procedure which is contrary to God's family plan.  Just because the technology is there doesn't mean that we have to use it. In addition, there is some empirical relationship between IVF and an increase in Uterine Cancer and other evidence that Children Born from this procedure are not as healthy as other children conceived the natural way.  Adoption is the loving option.

Embryonic stem cells come from an embryo.  An embryo is an individual, genetically-distinct human-being, a baby.  And we cannibals in America harvest these babies for their body parts.    It's sort of like a baby parts factory.  We make them in fertility clinics, about 360 of them found in many towns across America, where parents create a bunch of babies in a test tube, In-Vitro Fertilization, (IVF) implant some,  where some are aborted and if they're lucky one will implant and grow to term while the parents' other children are put on ice, a Gulag of sorts, until the babies are sold to labs where their parts will be used.  There are an estimated 400,000 babies on ice right now in the USA.
This research is legal so long as private and state money is used where NJ and CA are in the process of funding embryonic stem cell research and cloning.   Federal funding is available to only the lines already in use.  It's wrong but it's better than starting new lines of humans for research.   NJ goes further and allows the cloned baby to grow to term where it is legal to kill it after he/she reaches 9 months!  All in the name of Science.

When you read this article, it may be more of a reality for you. 

Tim and Mary artificially conceived 15 children, after their conception their children weren't in a warm 98.6 degree surrounding inside their mother.  NO they  were sent to the Gulag and put on ice for a few weeks.    6 of her CHILDREN were thawed like a piece of steak, and the so-called 3 "viable" were implanted which means the other 3 unviable were thrown in the garbage (aborted by the human hand)? The article didn't say.  She is now pregnant with twins which means the other child didn't make it and was aborted.  So, the 3 unviable thawed children were "aborted" or thrown in the garbage before implantation and the other one of the 3 implanted was aborted from inside the mother.  Notice they didn't say how it happened or what happened  to the embryo/baby.

The article further asks this question, "What should they do with any unused frozen embryos?"  or should the article say what should they do with the 9 children they already have on ice or what the parents should do to the rest of THEIR CHILDREN they created! How are they going to explain or rationalize the facts to their grown children if they ever ask or find out how they were created?  

Well instead of adopting a child we decided to create 15 children, the two of you were lucky enough to grow to term, 3 of your brothers and sisters didn't thaw correctly and had to be discarded like a freezer-burned hamburger and the rest of your 9 brothers and sisters (probably still alive in a lab or freezer) have been sentenced to death where they were sent to a Gulag awaiting to be harvested for their parts all in the name of science in a country were INDIVIDUAL rights, based on biblical principals, were supposed to have been granted by law.

Notice one option is to have the embryos "adopted" by another couple.  That hardly happens, that's why there are 400,000 babies on ice.  

Hey, why didn't Tim and Mary adopt in the first place?  Adoption the loving option, Adoption not Abortion.

Why create 15 human lives where only 2 survived when all they could have done was to adopt a child already born, just waiting for a loving family and home?

Actress Brooke Shields aborted  some of  her very own Children by undergoing 7 IVF Treatments

Adult Stem Cell use, ( an ethical and effective approach), is a process by which stem cells are taken from: umbilical cord blood, bone marrow, fat cells, nasal cells and elsewhere  have been PROVEN successful, some as long as 30 years, in many instances where cancer was cured and spinal cord victims regained the "limited" use  and sensation of their arms and legs.  We should continue to use something that is proven ethical and effective, let your representatives know how you feel.

Zygotes and embryos are people  and so is soilent green, looks like the Charlton Heston sci-fi movie wasn't so far-fetched or fiction for that matter.

Harvesting Fetal Body Parts

“A Catholic person who actually procures an abortion occurs a latae sententiae excommunication.”

 
When Do Human Beings Begin? former NIH bench research biochemist Dianne Irving demonstrates the scientific fact that the lives of human beings--and human persons--begin at conception.
Personhood Begins At Conception Professor Kreeft explains what exactly a "person" is.
Is the Unborn Less Than Human?Dr. Beckwith explains why it does not make sense to argue that a human being is created at implantation, quickening, or birth.
When Does a Human Become a Person? Continuing the previous essay, Dr. Beckwith demonstrates why other functional criteria given for personhood--such as sentience, brain development, and viability--are inadequate. He then refutes the "gradualist" position. Finally, he discusses the positions of various abortion and infanticide advocates like James Rachels, Mary Wollenkott, and Michael Tooley.
Does Life Begin At Implantation? Dr. Beckwith addresses the phenomena of monozygotic twinning, hydatiform moles, choriocarcinoma, blighted ova, cloning, and fertilization wastage, that fail to disprove the position that human life begins at conception.
Scientific and Philosophical Expertise: An Evaluation of the Arguments on Personhood -- Biochemist, Dianne N. Irving, Ph.D argues that positions which assert that early human embryos are not persons are based on inadequate philosophical principles and faulty scientific data.
The Human Rational Soul in the Early Embryo Professor Heaney discusses the various theories of "ensoulment"
A Survey of Arguments for Immediate versus Delayed Animation Thomist Philosopher Scott Sullivan critically analyzes the theory of mediate animation. The Tiniest Humans -- an interview with the renowned geneticist Jerome Lejeune and the father of modern embryology, Sir Albert William Liley
 
 

The Facts of Prenatal Development--Is it a human being?

Fetal Pain  Born Alive! 

When The Unborn Doesn't Go Quietly To His Execution, "Tiny Tim"


21 posted on 02/05/2005 10:12:27 AM PST by Coleus (Oppose Amnesty for Illegal Aliens http://www.freerepublic.com/focus/f-backroom/1335643/posts)
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To: 2ndMostConservativeBrdMember; afraidfortherepublic; Alas; al_c; american colleen; annalex; ...


22 posted on 02/05/2005 10:13:38 AM PST by Coleus (Oppose Amnesty for Illegal Aliens http://www.freerepublic.com/focus/f-backroom/1335643/posts)
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To: dirtboy

Im not sure about Illinois case law, but I may make a trip to our local law library to find out..


23 posted on 02/05/2005 10:14:07 AM PST by gopwinsin04
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To: gopwinsin04

There is a small problem here; the Talmud is one of the reference documents that anchors American Jurisprudence. And the Talmud states categorically that a human life is not human at conception, nor for many days thereafter.

This ruling, unfortunately, will be overturned in short order.


24 posted on 02/05/2005 10:20:14 AM PST by gobucks (http://oncampus.richmond.edu/academics/classics/students/Ribeiro/laocoon.htm)
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To: gobucks
And the Talmud states categorically that a human life is not human at conception, nor for many days thereafter.
I'm interested in seeing this Talmudic statement. Can you provide a cite?
25 posted on 02/05/2005 10:28:56 AM PST by eastsider
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To: eastsider

"Abortion-related passages in the Hebrew Scriptures & Talmud:

The Babylonian Talmud Yevamot 69b states that: "the embryo is considered to be mere water until the fortieth day." Afterwards, it is considered subhuman until it is born. "

From here,
http://www.religioustolerance.org/jud_abor.htm


26 posted on 02/05/2005 10:35:54 AM PST by gobucks (http://oncampus.richmond.edu/academics/classics/students/Ribeiro/laocoon.htm)
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To: gopwinsin04; american colleen; Lady In Blue; Salvation; narses; SMEDLEYBUTLER; redhead; ...
This is indeed good news! I hope this judge's ruling holds. NARAL may try to use its powerful 'friends' to have it overturned.

RIGHT TO LIFE
2270 Human life must be respected and protected absolutely from the moment of conception. From the first moment of his existence, a human being must be recognized as having the rights of a person -- among which is the inviolable right of every innocent being to life.
Catechism Catholic Church

Catholic Ping - please freepmail me if you want on/off this list


27 posted on 02/05/2005 10:37:15 AM PST by NYer ("The Eastern Churches are the Treasures of the Catholic Church" - Pope John XXIII)
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To: gopwinsin04

A frozen embryo >>>

What happened to the other embryos? On average a woman takes fertility drugs produces about 20 or more eggs, they get fertilized, many children are created, some are put on ice in a Gulag while the others are implanted, usually 3 at a time.


28 posted on 02/05/2005 10:41:24 AM PST by Coleus (Oppose Amnesty for Illegal Aliens http://www.freerepublic.com/focus/f-backroom/1335643/posts)
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To: gobucks; eastsider; Alouette; Convert from ECUSA; SJackson
Here's the catch. From your link ...

The general principles of modern-day Judaism are

I don't imagine Orthodox Jews believe that life begins when the baby's head emerges from the birth canal.

29 posted on 02/05/2005 10:48:55 AM PST by NYer ("The Eastern Churches are the Treasures of the Catholic Church" - Pope John XXIII)
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To: NYer

Praise to whom all blessings flow!


30 posted on 02/05/2005 10:51:28 AM PST by gopwinsin04
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To: NYer
I don't imagine Orthodox Jews believe that life begins when the baby's head emerges from the birth canal. Agreed. No doubt many Orthodox Jews share typcial Christian beliefs regarding when a human is a real person.

But leftists of any religious stripe grasp at stuff like this to justify federal law as currently codified. At least one organized Talmudic Jursiprudence group has been sponsored by current justices on the USSC.

31 posted on 02/05/2005 10:57:08 AM PST by gobucks (http://oncampus.richmond.edu/academics/classics/students/Ribeiro/laocoon.htm)
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To: gopwinsin04

This is a huge precendent.


32 posted on 02/05/2005 11:19:33 AM PST by Centurion2000 (Nations do not survive by setting examples for others. Nations survive by making examples of others)
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To: gopwinsin04

This is great news!


33 posted on 02/05/2005 11:27:14 AM PST by Salvation (†With God all things are possible.†)
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To: gobucks; NYer
Thanks for the link. The following excerpt is useful:
"Rashi, the great 12th century commentator on the Bible and Talmud, states clearly of the fetus 'lav nefesh hu--it is not a person.' The Talmud contains the expression 'ubar yerech imo--the fetus is as the thigh of its mother,' i.e., the fetus is deemed to be part and parcel of the pregnant woman's body." 1 This is grounded in Exodus 21:22. That biblical passage outlines the Mosaic law in a case where a man is responsible for causing a woman's miscarriage, which kills the fetus If the woman survives, then the perpetrator has to pay a fine to the woman's husband. If the woman dies, then the perpetrator is also killed. This indicates that the fetus has value, but does not have the status of a person.
Here's what Exodus 21:22-25 says (NIV):
If men who are fighting hit a pregnant woman and she gives birth prematurely [e] but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows. But if there is serious injury, you are to take life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.
Just a few versus earlier, Exodus 21:12-14 states the following:
Anyone who strikes a man and kills him shall surely be put to death. However, if he does not do it intentionally, but God lets it happen, he is to flee to a place I will designate. But if a man schemes and kills another man deliberately, take him away from my altar and put him to death.
Looking first at the accidental death of the unborn child, it would seem that the penalty in both passages is consistent in the sense that the accidental death of a man, born or unborn, is not death.

But looking at the accidental death of the pregnant women, the penalty appears inconsistent: If one kills a man accidentally, the punishment is not death, but if one kills a pregnant woman accidentally, the punishment is death. Curious.

It is also noteworthy that the operative word here is "accidental." Exodus 21:22-25 does not cover the case of intentionally taking the life of the unborn child.

34 posted on 02/05/2005 11:28:11 AM PST by eastsider
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To: Coleus

Coleus, these are awesome cross references. Thank you for posting them. I will read your long article about Brooke Shields later, but wow did you get kicked around the block on that post!

I have been concerned about frozen embroyos for a long time. We are creating a growing set of problems by encouraging IVF and then throwing away or killing the babies that weren't chosen to be born. It's good to hear this judge's common sense ruling!

If I ever became a Catholic it would be because of the Church's fearless stance opposing abortion. Great work.


35 posted on 02/05/2005 12:07:03 PM PST by TenthAmendmentChampion (Click on my name to see what readers have said about my Christian novels!)
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To: gopwinsin04

wow!!!!


36 posted on 02/05/2005 1:08:54 PM PST by DBeers
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To: gopwinsin04
Fifth Amendment to the United States Constitution

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

37 posted on 02/05/2005 1:14:53 PM PST by EternalVigilance (Freedom. Brought to you by the grace of God and the Red, White and Blue...)
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To: Broadside; Waywardson; Perelandra; HallowThisGround; Gelato; floriduh voter; JayWolfe

PING!


38 posted on 02/05/2005 1:16:36 PM PST by EternalVigilance (Freedom. Brought to you by the grace of God and the Red, White and Blue...)
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To: Coleus
You should read this:

Power of the Powerless: A Brother's Lesson

All this quality of life discussion is troubling in light of what life really means.

39 posted on 02/05/2005 1:17:58 PM PST by TenthAmendmentChampion (Click on my name to see what readers have said about my Christian novels!)
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To: MHGinTN; Coleus; nickcarraway; narses; Mr. Silverback; Canticle_of_Deborah; ...

Please let me know if you want on or off my Pro-Life Ping List.

40 posted on 02/05/2005 1:31:19 PM PST by cpforlife.org (The Missing Key of The Pro-Life Movement is at www.CpForLife.org)
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