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David is an occasional blogger, software engineer, Nintendo fanboy, liberal, news magazine addict, voracious TiVo user, and bibliophile. He was born in St. Louis, grew up in southern Indiana, and returned to St. Louis to attend Washington University. He hasn't managed to escape yet. He's a fan of free wine tastings, too many tv shows to name, and eating out. David makes his living developing web applications used internally by his employer. He doesn't blog about work because he's heard too many stories about that causing workplace troubles. There's more on the about page. |
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17 March 2005 - 11:48 am
Nothing makes me angrier than this Terri Schiavo issue. Why has our legislative branch decided that it should be involved in what is very much a private family matter? It is unfortunate that there is disagreement between Terri's parents and her husband about continuing her life. But there is a system for resolving these types of conflicts. Giving Terri's parents legal status in federal courts will not change anything. Terri has been in a persistent vegetative state for more than fifteen years. She's not going to recover. And the courts appointed a representative to make decisions that are in here best interests. This representative is her husband. More than a year ago Dahlia Lithwick gave a persuasive run-down on why husbands are generally chosen over parents. Here is the most relevant section from that article:
Well, the law has spoken on this issue as well. And in general, the spouse is granted preference over family members. Why? For the same reason most states give spouses the decision over how to dispose of the body of the deceased, and for the same reason states allow spouses to inherit first. Because the difference between your parents and your spouse is that you chose the latter to care for you and to care for in return. As a consequence of that choice the law assumes that your spouse knows you intimately and shares with you a sphere of legal privacy into which even your parents and siblings may not intrude. Do some of us choose badly? Certainly. But is it still a generally sound legal presumption that your mate knows you best? Yes.
The House is now doing something that will only prolong the pain of those who know Terri. The outcome in federal court will be no different than the outcome from any of the previous litigation battles. It is an unfortunate aspect of humanity that some among us will die tragically young. However, to me death seems preferable than existing on as an empty vessel. The Terri Schiavo that once lived in that body has long since passed on. Only her body remains. Our representatives should back out and let the process carry forward to its logical conclusion.
(On a side note, the House legislation opens up the door for all kinds of legal battles over the right to terminate someone's life. It appears to have been written in great haste and without much thought given to how it would apply to any situation beyond the Schiavo issue.)
Posted by on 17 March 2005 at 11:49 AM
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