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Tennessee Bishops Oppose 'Heartbeat Bill' Over Legal Concerns
The Catholic Herald (UK) ^ | 3/5/19 | CNA

Posted on 03/05/2019 4:41:25 PM PST by marshmallow

The bishops said that while they oppose abortion, they believe the Heartbeat Bill would fail a court challenge

The Catholic bishops of Tennessee have voiced their opposition to a fetal heartbeat law being considered in the state and instead urged alternative legislation less open to legal challenges.

The leaders of the state’s three dioceses released an open letter on February 26 stating that while they are opposed to abortion, they believe the Heartbeat Bill would fail a likely court challenge.

“We believe that the sanctity of human life must be respected and protected absolutely from the moment of conception to natural death,” said Bishop Richard F. Stika of Knoxville, Bishop J. Mark Spalding of Nashville, and Archbishop Joseph E. Kurtz of Louisville in a letter that was originally published in the Tennessee Register.

Although Kurtz’s archdiocese is in Kentucky, he currently serves as the apostolic administrator of the Diocese of Memphis.

“While we wholeheartedly support the intention of the ‘Heartbeat Bill’ being considered by the Tennessee Legislature, we must also be prudent in how we combat the pro-abortion evil that dwells in our society,” said the bishops.

Despite enjoying majority support in both houses of the state legislature, and the endorsement of Gov. Bill Lee, the bill is also opposed by Tennessee Right to Life, the state’s leading pro-life group.

In 1973, the Supreme Court decision Roe v. Wade found that a woman had a constitutional right to abortion throughout pregnancy. This, the bishops noted, created a legal precedent that must be considered when framing legislation that seeks to restrict abortion.

(Excerpt) Read more at catholicherald.co.uk ...


TOPICS: Catholic; Current Events; Religion & Politics
KEYWORDS:

1 posted on 03/05/2019 4:41:25 PM PST by marshmallow
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To: marshmallow

“I oppose abortion but...” I’m not going to do a thing to stop it. Fake conservatives play this game all the time. I oppose this conservative law because it isn’t conservative enough. I oppose this anti-abortion law because it isn’t anti-abortion enough. And on. Its a way to pretend you are on the right side of it while doing everything to can to be a stick in the spokes.


2 posted on 03/05/2019 4:44:56 PM PST by marron
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To: marshmallow
Catholic New Mexico Gov. Michelle Lujan Grisham Vows to Sign Bill Legalizing Abortions Up to Birth
3 posted on 03/05/2019 4:59:09 PM PST by ebb tide (We have a rogue curia in Rome")
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To: marshmallow

We believe in a God but Hir wouldn’t pass court challenge so as Bill & Ted say “be excellent to each other!”


4 posted on 03/05/2019 4:59:23 PM PST by a fool in paradise (Denounce DUAC - The Democrats Un-American Activists Committee)
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To: marshmallow

With bishops like this, who needs Nazis?


5 posted on 03/05/2019 5:15:43 PM PST by Trumpisourlastchance
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To: marron

Always showing their moral superiority over God. At least they have nice beds and a paid for living arrangement.


6 posted on 03/05/2019 5:18:54 PM PST by richardtavor
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To: marshmallow

What in the actual....

Just when you think the millstones couldn’t get bigger.


7 posted on 03/05/2019 5:21:10 PM PST by rwilson99 (How exactly would John 3:16 not apply to Mary?)
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To: marshmallow

So now they’re channeling Mario the Pious? Wasn’t banging little boys enough?


8 posted on 03/05/2019 5:23:37 PM PST by BobL (I eat at McDonald's and shop at Walmart - I just don't tell anyone.)
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To: marshmallow

Roe v Wade is disgusting.


9 posted on 03/05/2019 5:25:26 PM PST by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: marshmallow

More proof the Catholic Church has become infested with “thou art bread and so shall remain” types in the front office...


10 posted on 03/05/2019 5:32:53 PM PST by SecondAmendment (This just proves my latest theory ... LIBERALS RUIN EVERYTHING!)
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To: marshmallow

How do they know until it makes its way through the court system?


11 posted on 03/05/2019 5:35:50 PM PST by marajade (Skywalker)
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To: marshmallow

where is there faith? It’s obviously not in God and His word or they would stand firm on it and not what they think will or won’t happen.
Lame excuses for men of God.


12 posted on 03/05/2019 5:52:53 PM PST by b4me (God Bless the USA)
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To: marshmallow

the bill is also opposed by Tennessee Right to Life, the state’s leading pro-life group.


13 posted on 03/05/2019 6:27:22 PM PST by Jeff Chandler (We are in the midst of a Cold Civil War.)
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To: marshmallow

Probably too busy preaching “love” to the gay crowd to be bothered with pesky abortion laws.


14 posted on 03/05/2019 7:39:42 PM PST by Fido969 (In!)
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To: Jeff Chandler; Mrs. Don-o

“the bill is also opposed by Tennessee Right to Life, the state’s leading pro-life group.”

I would like to hear Mrs. Don-o’s take on this and will probably go with what she says.


15 posted on 03/05/2019 7:43:48 PM PST by steve86 (Prophecies of Maelmhaedhoc O'Morgair (Latin form: Malachy))
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To: marshmallow

“The bishops said that while they oppose abortion, they believe the Heartbeat Bill would fail a court challenge”

___________________________________________________

Omgosh. Weak-willed, sniveling cowards.

That’s like saying, if there’s a crowd of homosexuals after a boy and only I’m around to defend the boy, well, here’s the boy...because only little ole me cannot stop what’s going to happen anyway.

Disgusting. Unspeakably disgusting.


16 posted on 03/05/2019 9:11:59 PM PST by Notthereyet (NotThereYet)
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To: steve86; Jeff Chandler

I have to confess my ignorance on this one. I have my guesses, but they’re just guesses. I’ve emailed my smart prolife-politics friends, “Joan” and “Dan”, and will reply if they promptly give me the inside skinny.


17 posted on 03/06/2019 6:04:54 AM PST by Mrs. Don-o (To fear the Lord is to hate evil: I hate pride & arrogance, evil behavior, perverse speech.- Pr 8:13)
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To: steve86; Jeff Chandler
I haven't yet heard back from my friends "Dan" and"Joan," who are political mavins (which I'm not) but I just want to weigh in here so I'll be on the record.

As I understand it, the bishops are not, and ought not to be expected to be, political mavins either --- not in the sense of having a tactical and strategic sense of legislation. I don't care how smart they are, or how smart their Joan and Dan advisors are. It's not the bishops' *job* to do what is called "prudential" politics. That is strictly the laity's sphere of action.

The bishops' job is to explain and defend the Etternal Moral Law. They would be within their competence and their DUTY to say "Abortion at any stage is murder; the purpose of government is to secure Justice and the natural rights, like "Life, Liberty and the Pursuit of Happiness"; therefore it is the duty of citizens to secure this in the smartest way possible.

Period.

At that point, it is the citizens' duty to figure out the smart stuff, the nuts and bolts.

The bishops are stepping outside of their authority, and thus cheapening their ministry and exposing it to contempt, by "playing politics" (they're not politicians, even if they play them on TV). They are frittering away the Apostolic authority they have (on morals) which is far more important than any spurious political expertise (which they utterly lack.)

That's my two cents' worth, adjusted for inflation.

Permit me to defend the character,if not the political smarts, of my bishop, Richard Stika of Knoxville. I think he's out of line trying to weight in on the legislative sausage-making, but he truly is an upright guy in character, I think, from seeing him in action for 10 years. We have BIG political differences, but he is not one of the wolves.

He did jump in to say he would enforce Canon 915 (barring from Holy Communion) on any Catholic politician that spoke or voted in favor of abortion.

He's one of the few, from this sorry bench of bishops, who is actually in compliance with the most important Canon Law there is --- defending the sanctity of both the Blessed Sacrament and of innocent human life.

You can criticize my bishop politically, up one side and down the other, and in the strongest political terms, but please don't trash him. He doesn't deserve that.

18 posted on 03/06/2019 7:34:05 AM PST by Mrs. Don-o (To fear the Lord is to hate evil: I hate pride & arrogance, evil behavior, perverse speech.- Pr 8:13)
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To: steve86; Jeff Chandler
Here's what I got from Joan and Dan: their letter strongly agreeing with the Heartbeat Bill, and thus strongly disagreeing with TN Right to Life AND the TN Bishops' Conference:


Most Reverend Richard F. Stika
The Dioceses of Knoxville
805 S. Northshore Drive
Knoxville, TN 37919

Bishop Stika:
As a lifelong Pro-Life CatholicI was disheartened to read the joint statement on the opposition toTennessee’s Heartbeat Bill.I disagree with several positions proposed inthe statement.

"While we wholeheartedly support the intention of the “Heartbeat Bill” being considered by the Tennessee Legislature, we must also be prudent in how we combat the pro-abortion evil that dwells in our society."

During his initial defense of the legislation in 2017, Rep. Micah Van Huss [sponsor of bill] reminded the gallery of a quote by Martin Luther King. During his incarceration in Birmingham in 1963 he wrote;lukewarm acceptance is much more bewildering than outright rejection. In his letter, Dr. King was lamenting that often the people who obstruct our paths are not the ones who oppose us openly, but those who claim to support us, but fail to react out of fear.

Our legislators must not act out of fear of potential lawsuit but must confront this evil in any way possible. Where do we set the price point on saving innocent life? Is it $241,000 (North Dakota) or $121,689 (Arkansas)?

The heartbeat bill will be challenged, it may be defeated or upheld in lower courts, but it is a fight worth fighting. If the legislature only enacted laws that they knew would pass judicial scrutiny, no controversial legislation would ever be passed. It is well known that any Pro-Life legislation will be adjudicated.

My wife and I worked diligently in the 6 counties of NE-TN to help pass Amendment 1 in 2014. Everyone knew that the constitutionality of the amendment would be fought in the courts. In October 2018, almost 4 years after the original vote, the Supreme Court refused to hear the arguments of the ACLU/Planned Parenthood upholding the U.S. Sixth Circuit’s decision.

The ban on partial birth abortion was defeated over 40 times prior to being upheld by the Supreme Court. After multiple attempts Pro-Abortion and Pro-Life organizations questioned the validity of continuing the movement. Fortunately, Pro-Lifer organizations and legislators continued working until they were successful.

Undoubtedly, the Human Life Protection Act that you support will also be fought in the courts. I have heard several opinions that it too is constitutionally suspect.

I welcome your comments to this letter. I ask that you continue to pray for me as I will you. I know we are both praying for an end to abortion and for the healing of all those who have been scarred by this dreadful act.

`

Respectfully,

Dan Pohlgeers
CEOTennesseans 4 Life
(423) 426-2713



By the way, the bishops' reasoning does deserve to be considered. It is (quoting from Catholic World Report):


The bishops cited similar laws in other states that were passed, but never went into effect because of legal challenges. In those cases, the laws were found to be unconstitutional, and the state was forced to pay significant sums of money to the lawyers representing the pro-abortion challengers to the laws.

“Given the field of legal realities that we must consider, we believe it would not be prudent to support the ‘Heartbeat Bill’ knowing the certainty of its overturning when challenged, in addition to the court ordered fees that would be paid to the pro-abortion plaintiffs,” they said.


19 posted on 03/06/2019 4:15:54 PM PST by Mrs. Don-o (To fear the Lord is to hate evil: I hate pride & arrogance, evil behavior, perverse speech.- Pr 8:13)
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