Archive for the ‘Pro-Life’ Category

When Ignorance and Arrogance Collide with Truth

Thursday, May 9th, 2019

There is an expression (oddly enough, coined by the heavy metal band Mettalica) that “ignorance and arrogance go hand in hand”. When those two fellow-travelers collide with truth, it can produce a moment of exceptional clarity.

First, the truth. Last Saturday, thanks to Focus on the Family, an extraordinary event took place in Times Square — a pro-life rally. The mere occurrence of the rally was remarkable enough. But what made the day truly special was the climax of the event. Thanks to the amazing technology of 4D sonography, live pictures of a baby in her mother’s womb were broadcast to the thousands present in New York and many more watching online.

You can’t get more of the truth than this. Before the age of science, people could have professed ignorance about what is going on inside a mother’s womb. But now the truth is right there before our eyes, available to anyone with an open heart or mind.

Alas, we must move on to the ignorance. Only two days after the unequivocal display in Times Square, there was a spectacle on television that truly shocks the conscience. Old-time New York politico and current abortion shill Christine Quinn actually made the following statement: “When a woman is pregnant, that is not a human being inside of her.”

Yes, you read that correctly. A human being who managed to emerge from her own mother’s womb, and who otherwise gives every appearance of being educated and intelligent, failed Biology 101 and Common Sense 101 on world-wide television. This is far beyond the point of arguing about the legal concept of “personhood”, or about whether the child is “wanted” or has some kind of “defect”, or what effect the child will have on her mother’s life. This can only be attributed to an act of willful ignorance, driven by an ideology that cannot bear to recognize even the basic humanity of an unborn child and that has created an implacable enmity between  mothers and their children.

An ideology that is so deeply rooted in the denial of reality is a very dangerous thing, particularly to vulnerable human beings whose lives hang in the balance. It is no wonder that pro-abortion advocates are becoming more and more extreme and more and more angry — the persistent denial of reality can’t help but cause great mental distress to them.

And so we must speak of the arrogance. The other day, a federal judge in Virginia — the kind whom I often refer to as a Black-Robed Platonic Guardian Ruler on the Bench — struck down a law that required that only doctors could do abortions. This is truly breath-taking, for many reasons. It is bad enough that anyone would be foolish enough to think that a surgical procedure or the prescription of potentially dangerous drugs should be done by a non-doctor. Our abysmal State Legislature and Governor have already gone that far off the deep end. It is even worse that an unelected judge would be so bold as to overturn a validly-enacted provision that has been the law of the jurisdiction for decades. We truly are far past the point of what Thomas Jefferson warned about when judges arrogate absolute power to themselves — “the despotism of an oligarchy”.

But perhaps the worst thing is that this one single federal judge saw fit to ignore two specific Supreme Court decisions that explicitly upheld the authority of legislatures to limit abortions to doctors only ( Planned Parenthood v. Casey and Mazurek v. Armstrong). It is clear that in the eyes of the Imperial Judiciary, no law regulating abortion is safe from being erased, no matter how old or sensible it might be, and no matter how unambiguous the judicial precedent. A long time ago, in dissenting from a Court decision that eviscerated the First Amendment to protect abortion clinics, Justice Antonin Scalia said this: “Today’s decision… makes it painfully clear that no legal rule or doctrine is safe from ad hoc nullification by this Court when an occasion for its application arises in a case involving state regulation of abortion” ( Madsen v. Women’s Health Center).

Many pro-lifers hold on to a cherished belief that if only people knew the truth about what abortion really is, they will change their heart and mind and reject it. That truth was on display in Times Square for all to see. Christine Quinn and other abortion advocates are able to see that truth any time they want. Federal judges, too, are not barred from finding the truth.

But ignorance and arrogance are very deeply seated in the contemporary legal and political ideology. We must remember that “we are not contending against flesh and blood, but against the principalities, against the powers, against the world rulers of this present darkness, against the spiritual hosts of wickedness in the heavenly places” (Eph 6:12). Cardinal John O’Connor, the great pro-life hero, was very wise in saying that when it comes to the pro-abortion mindset, we need to heed the words of Jesus about why the Apostles could not cast our a particular demon: “this kind never comes out except by prayer and fasting” (Mt 17:21).

So we must keep proclaiming the truth about the reality of abortion and of the humanity of unborn human beings. But we must also pray and fast for a spiritual renewal and conversion of heart for those who are in the grips of the demonic pro-abortion ideology that has produced so much ignorance and arrogance — and that has cost so many lives.

New York’s Death March

Friday, April 12th, 2019

In the past few months, the Governor of New York State has been leading our state ever more deeper into the Culture of Death. It began, of course, with the passage of the radical abortion expansion law in January, which legalized abortion for any reason throughout pregnancy and removed any legal protection for babies born alive accidentally during the course of a late-term abortion.

Now, the Governor has announced that he believes that physician-assisted suicide should be legalized. On the radio, he said “I say pass the bill. It’s a controversial issue. It’s a difficult issue. But it would need legislation. … I think it is a situation we have to address, definitely.”

Back in 1994, the Task Force on Life and the Law, appointed by the Governor’s father, evaluated and rejected the idea of legalizing assisted suicide. Among the reasons they gave were some prophetic warnings about the dangers to the most vulnerable among us:

“In light of the pervasive failure of our health care system to treat pain and diagnose and treat depression, legalizing assisted suicide and euthanasia would be profoundly dangerous for many individuals who are ill and vulnerable.  The risks would be most severe for those who are elderly, poor, socially disadvantaged, or without access to good medical care….

“No matter how carefully any guidelines are framed, assisted suicide and euthanasia will be practiced through the prism of social inequality and bias that characterizes the delivery of services in all segments of our society, including health care.  The practices will pose the greatest risks to those who are poor, elderly, members of a minority group, or without access to good medical care.”

These structural problems in the American medical system have certainly not been corrected in the years since the Task Force’s report.  Studies consistently show that disparities exist in access to and quality of healthcare across numerous demographic categories, particularly race, sex, socioeconomic status, and geographic location. These inequities are exacerbated by the economic pressures of the current medical system, where cost containment is a priority.

The people who will be at the greatest risk will be isolated elderly people, people with disabilities, and those with mental illness. In fact, the strongest opponents of legalizing assisted suicide come from the disability community, who see clearly that it would stigmatize them, send a message that their lives are not worth living, and result in pressure for them to take their lives. We should listen to their voices – just visit the website of the group Not Dead Yet and you will hear them loud and clear. They rightly fear that they will be the “collateral damage” of the legalization of assisted death.

We also need to pay attention to what is happening right next door to us, in Canada, where assisted suicide and euthanasia have already been legalized. Here are a few of the most recently-reported examples:

  • In Canada, there was an overall 50% increase in assisted deaths in 2018, with 1.5% of all deaths coming in that way.
  • In Ontario, the number of euthanasia deaths have skyrocketed even more, increasing by 78% in 2018 and 50% in 2017.
  • Canada has seen widespread violation of supposed safeguards, including unreported assisted deaths, killing of people who did not satisfy legal standards for euthanasia, etc. This is similar to the experience in Holland and Belgium, where there have been rampant violations of safeguards and no enforcement actions.
  • In a great majority of cases in Ontario, the assisted death was done by a doctor who had no prior relationship with the patient.

And we need to listen to the advocates for legalization, to see how radical their positions really are.

  • A proposed bill in Delaware was actually opposed by pro-assisted suicide advocates because it had too many patient protections in it. Those unacceptable provisions included the patient being 21 years old, having the terminal diagnosis be confirmed by a completely independent doctor, requiring that the patient have a mental health evaluation, and a tight definition of what constituted a “terminal” diagnosis.
  • The Delaware bill would also have re-defined assisted suicide as “palliative care”, an Orwellian distortion of a term that really means (according to the World Health Organization) treatment to ease symptoms but that affirms life and will not directly cause death.
  • A Connecticut bill that (like the bill pending in New York) would require the doctor to lie on the death certificate, raising opposition from law enforcement agencies that were concerned that the provision would prevent any investigation into whether the patient was murdered.
  • A New Mexico bill that would allow someone other than the patient to administer the deadly drugs, permit assisted suicide based solely on mental health conditions, allow prescription of the drugs by non-doctors and without seeing the patient in person but by “telemedicine” (talking to them over the internet).
  • A Minnesota bill that would violate religious and conscience rights by requiring doctors to refer patients for assisted suicide.
  • Repeated statements by assisted suicide advocates that oppose safeguards by calling them “barriers”, confuse the issue by using euphemisms like “medical aid in dying”, and routinely speak of how they intend to expand eligibility for assisted suicide with a goal of legalizing direct euthanasia.

The reality is that we are talking about murder by doctor. And there are no safeguards that can protect vulnerable patients from being exploited or mistreated. There is no way to change the inevitable message of these bills – that some lives are not worth living and that suicide is a legitimate option for people who have mental illnesses or disabilities.

The Governor is taking us down a very dark path. Instead of promoting death for the weakest and most vulnerable citizens, our government should be strengthening their legal protections and improving their access to quality health care. Our state is on a death march, and we must do all we can to change its course.

Defending Infanticide is Now Pro-Abortion Dogma

Tuesday, February 26th, 2019

Yesterday, the United States Senate couldn’t muster enough votes to pass a bill banning infanticide. Yes, you read that correctly. A practice that in a civilized society would be unthinkable has become the latest bastion of pro-abortion dogma.

Here’s what happened. The Born-Alive Abortion Survivors Protection Act (S.311) was brought to the floor of the Senate by its sponsor, Sen. Ben Sasse of Nebraska. Because of the procedural rules of the Senate, it needed 60 votes to close debate (to end a purely theoretical filibuster). Everyone understood that this was not just a procedural vote, but was really a substantive vote on the bill itself. So a “yes” vote was to ban infanticide, and a “no” vote was against it.

In a normal world, a bill like this would pass unanimously. But that’s not the world we live in. Instead, the bill only got 53 votes. Every Democrat except three voted against it.

It’s particularly interesting to note what some of the Democrats said about the bill. Here’s Sen. Mazie Hirono of Hawaii: “That is the actual intent of this bill, reducing access to safe abortion care would threaten the health of women in Hawaii”. Sen. Jeanne Shaheen of New Hampshire called the bill “the latest salvo in the far-right wing assault on a woman’s constitutionally protected right to an abortion”. Sen. Tim Kaine of Virginia said that the bill is unnecessary since there’s already a federal Born Alive Infant Protection Act. And our own inimitable Sen. Chuck Schumer (who is also the Minority Leader) said that the bill “is carefully crafted to target, intimidate, and shut down reproductive health care providers.”

Strikingly, none of the Senate Democrats gave even passing recognition that what we are talking about is a living, breathing human being who has already survived the abortion and is completely outside of her mother’s body. She is at a very vulnerable state in life, completely dependent on others for the means to continue living. Instead of showing even a modicum of compassion, they have completely dehumanized that baby, all in defense of an unlimited right to an abortion. Correction — an unlimited guarantee of a dead baby.

It never ceases to amaze me to see the amount of ignorance, misinformation, and duplicity that comes out of the mouths of public officials. Let’s start with looking at the key parts of what the bill actually says:

§ 1532. Requirements pertaining to born-alive abortion survivors

“(a) Requirements for health care practitioners.—In the case of an abortion or attempted abortion that results in a child born alive:

“(1) DEGREE OF CARE REQUIRED; IMMEDIATE ADMISSION TO A HOSPITAL.—Any health care practitioner present at the time the child is born alive shall—

“(A) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and

“(B) following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital.

So it explicitly states that it only applies if a baby is born alive and the abortion is over. All it requires is that the doctor give the baby ordinary health care, the same care that would be given to any other patient. Perhaps I’m blind, but I’m not seeing anything “carefully crafted” to have any effect whatsoever on the health of the mother, access to abortion, intimidating abortionists, or shutting down clinics. Only through the bizarre lens of abortion ideology can anyone see such things.

You would also expect federal lawmakers to understand the basic nature of federalism. The federal Born Alive Infant Protection Act (Pub.L. 107-207) redefined the term “person” in federal statutes, regulations and administrative acts to include “every infant member of the species homo sapiens who is born alive at any stage of development”. The emphasis there is on the word ” federal“. That definition has no effect on state laws, which oversee virtually all abortions that take place in the United States. So it provides no protection to children born alive unless they’re lucky enough to be born on a military base or a VA hospital. This new Born-Alive Abortion Survivors Protection Act was specifically designed to expand the protections of that earlier law to include everyone, everywhere.

And here’s the thing that tells us a lot about where we are in our country, and where the Democratic Party has gone. The Born Alive Infant Protection Act passed both houses of Congress in 2002 virtually without opposition. It passed the House by voice vote and in the Senate by unanimous consent. Obviously, a lot has changed since then. Banning infanticide is no longer something on which there is a political consensus. That’s how far the Culture of Death has advanced.

One good thing may be coming from all of this. The abortion extremism that we’re seeing in actions like this, along with the passage of the New York abortion expansion bill and the movement on similar bills, is starting to have a positive effect on the culture. A new poll from Marist College, sponsored by the Knights of Columbus, shows that there has been an increase in the number of people who call themselves “pro-life”. The poll also showed that the vast majority of Americans (71%) oppose late-term abortions, including majorities of Democrats and independents, and that only 18% believe that abortion should be legal up until birth.

The poll didn’t ask how many people thought that babies born accidentally after an abortion should be left to die without receiving basic health care — maybe because until a few weeks ago it was unthinkable that anyone would believe that. Not only is it no longer unthinkable, it’s now the law in New York and the pro-abortion movement is obviously fully committed to making it legal everywhere.

The unthinkable has become the new pro-abortion dogma.

No Justice for Unborn Victims

Monday, February 11th, 2019

The falsehoods about the radical new abortion law keep coming, only now they’re highlighted by an unspeakable tragedy.

Last week, in Queens, a man brutally attacked his girlfriend who was five months pregnant. He clearly targeted the unborn child in her womb, and the result was that the mother and child both died. Prosecutors first sought to bring charges against the man for criminal abortion, as well as for murdering the mother. But thanks to the Governor’s abortion expansion bill, the crime of abortion no longer exists in New York, so there will be no justice for that poor unborn child who was brutally killed.

This should shock the conscience of everyone. 38 states, the District of Columbia, and the federal government already authorize a criminal prosecution for killing or harming an unborn child. New York is the outlier on this — even super-liberal California has a law that protects unborn children from violence. But not here. We’re the radicals now.

Abortion advocates display either appalling ignorance or disingenuousness when they reply to the outrage over the new law’s decriminalization of murder. For example, one of the sponsors of the Reproductive Health Act recently opined that “Physical assault resulting in the loss of pregnancy qualifies as first-degree assault”.

Do they even read the law before making those kinds of ridiculous statements? The offense of Assault in the First Degree, Penal Law 120.10, requires that “serious physical injury” be caused to a “person”. Since an unborn child is not a “person” in New York law, you would have to prove that the assault caused that kind of grave injury to the mother. But there’s no way that a forced miscarriage could possibly qualify under the definition of “serious physical injury”. Penal Law 10.00(10) defines that as “physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.”

You don’t have to be a lawyer to see that an attack on an unborn child doesn’t fit that definition. So it’s no accident that there is no reported case of any prosecutor in New York ever bringing a charge like that for an attack on an unborn child. That’s because the bill sponsor’s claim is nonsense, and she just doesn’t want to admit the fatal flaw in her bill.

It also isn’t good enough to say that “oh well, he’ll be prosecuted for murdering the mom so that’s enough punishment”. Would it be enough to say that the Parkland murderer should only face one charge, instead of being held responsible for killing each and every one of those children? Or should we now revise the 9/11 memorial in lower Manhattan to erase the unborn children who died in that attack? Aren’t those children mourned by their parents and relatives just as much as anyone else who died?

Not only that, but there are many instances where an assault on the unborn child results in no injury to the mother, but death to the child. Just last year, a doctor was sentenced to 20 years in prison for using an abortion pill to cause the death of an unborn child. A quick Google session found several other instances in the last few years in which a man secretly gave a pregnant woman the abortion pill in an effort to kill the unborn child. One of them took place right here in New York in 2014.

None of these men could be prosecuted in New York now, because the pills didn’t cause any kind of injury to the mother. So these kinds of criminals are now being given a free shot at hurting or killing an unborn child — one who is wanted by her mother.

Fixing this should be a ground ball. It has nothing to do with affecting legalized abortion in any way. Every version of an Unborn Victims of Violence Act that’s been offered here in New York makes that clear. The amendments that were offered before the Reproductive Health Act was passed also made that clear. But the pro-abortion ideologues who pushed the Governor’s bill are unwilling to budge an inch from their refusal to recognize any intrinsic value in the life of an unborn child. For goodness sake, even Roe v. Wade recognized the legitimate state interest in protecting the life of an unborn child, particularly after viability. Why can’t the pro-abortion movement even give a bit of legal recognition and protection to babies that are wanted by their mothers?

That voice you hear is from a baby who was brutally killed in her mother’s womb in Queens. She cries out to God for justice. There is none for her in New York.

The Truth About Late Term Abortions

Wednesday, February 6th, 2019

In the wake of the passage of the abominable Reproductive Health Act here in New  York, and the move to pass similar bills in Virginia, New Mexico and Rhode Island, abortion advocates and apologists have turned on the fog machine to hide the truth. That’s because the truth is horrifying.

They have been claiming that late-term abortions are rare, that they are only done for desperate reasons like imminent fetal demise, that the bills do not legalize abortion up until the moment of birth, that a live birth in the course of an abortion never happens, and that in any event that would not constitute infanticide.

All of these claims are false.

According to a study from the pro-abortion Guttmacher Institute, approximately 1.3% of all abortions are done after 21 weeks. Since they estimate the total number of abortions to be about 900,000, that means that every year, about 12,000 abortions take place after the time that a child can feel pain and has a chance to live outside of the womb. Can something that happens as much as 12,000 times a year be called rare?

Let’s put that in context. There were about 14,000 firearm homicides in the US in 2016, according to the CDC. I doubt that anyone considers gun violence to be “rare”. Consider also that there were 35 people killed in school shootings in the United States in 2018, and that is typically called an “epidemic” or a “wave” in the media. There were about 350 people killed in 2018 in what are called “mass shootings” (incidents that involve multiple victims).

All of these acts of violence are deplorable tragedies that get a great deal of media attention. But the 12,000 late-term abortions are invisible by comparison. They’re not “rare”. They’re being ignored.

Late term abortions are also not being done only in the so-called “hard cases” of severe fetal disability or to preserve the mother’s life or health. The pro-abortion Guttmacher institute published an academic study in 2013 that concluded this: “data suggest that  most women seeking later terminations are not doing so for reasons of fetal anomaly or life endangerment”. Rather, the most common reasons for delaying until the third trimester were not recognizing the pregnancy, difficulty in making the decision to abort, disagreeing with the father of the child, not knowing where to get an abortion, difficulty getting to an abortionist, and financial difficulties.

This is not to minimize the struggles of the women who have late-term abortions, or those who are facing the tragedy of adverse diagnoses of their baby. But let’s make sure we’re telling the truth — most late term abortions have nothing to do with “hard cases”, they really are just delayed birth control. And this new law permits that and does nothing to prevent it.

As for whether the RHA legalizes abortion up until birth for pretty much any reason, all you have to know is how the Supreme Court defines “health of the mother”, which is one of the acceptable reasons for a late abortion under the law. It’s defined as “all factors — physical, emotional, psychological, familial, and the woman’s age — relevant to the well-being of the patient” ( Doe v. Bolton, the companion case to Roe v. Wade). There is nothing that wouldn’t fit within that definition, especially since the decision is made between the mother and the doctor who’s been hired to kill the baby.

The idea of a baby being born alive during the course of a late-term abortion has also been derided. But academic studies from Europe have estimated that the number of children who survive an abortion after 23 weeks is almost 10%, and the number rises the later the pregnancy progresses. Since there’s no reason to think that we’re any different from Europe, that means that as many as 1200 babies may be born alive in the United States during the course of a late abortion – babies that could potentially survive with basic medical care.

One study revealed that some babies born after a post-22 week abortion lived as long as 270 minutes, with a median of 66 minutes.  The studies show that such babies are routinely abandoned to die of neglect, often suffering in pain as they struggle to continue living. And this could be going on in hospitals where, right down the hall, heroic efforts are being made to save preemies in the neo-natal intensive care unit.

This is infanticide by any reasonable definition of the word. In the ancient world, it was common practice to kill unwanted children by exposure — leaving them out in the open to die. It is just as much a murder to leave a helpless child to die without ordinary medical care as it is to strangle her or dismember her. One of the great social accomplishments of Christianity in its first few centuries was the eradication of this abhorrent practice. We are reverting to barbarism.

We often read heart-breaking stories of children who die of neglect by their parents. Those stories are usually front-page news and result in calls for drastic legal reforms and interventions. The aborted live babies die in silence, ignored and invisible.

There’s no doubt that we will continue to see op-eds in the Times by the Governor and other pundits, “fact-check” articles put out by major media outlets, and “spin” being  pitched by TV talking heads. But the truth about late-term abortion is out there, and it really is horrific.

Here’s What the New Abortion Law Really Says

Wednesday, January 30th, 2019

We are frequently questioned or challenged to substantiate the arguments that we have been making about the effect of the Reproductive Health Act. People keep asking us to show them “where in the bill does it say that”?

Here is a detailed explanation of how the bill (now the law) does precisely what we have accused it of doing. The language of the bill is in italics, followed by the legal analysis.

§ 2599-aa. Policy and purpose. The legislature finds that comprehensive reproductive health care is a fundamental component of every individual’s health, privacy and equality. Therefore, it is the policy of the state that:

1. Every individual has the fundamental right to choose or refuse contraception or sterilization.

2. Every individual who becomes pregnant has the fundamental right to choose to carry the pregnancy to term, to give birth to a child, or to have an abortion, pursuant to this article.

The term “fundamental right” is extremely significant. This language incorporates the constitutional law principle that “fundamental rights” cannot be regulated except for compelling state interests and in the most narrow way possible. Virtually no regulations of abortion survive this “strict scrutiny” standard.

3. The state shall not discriminate against, deny, or interfere with the exercise of the rights set forth in this section in the regulation or provision of benefits, facilities, services or information.

This language poses a direct threat to religious freedom and conscience rights. It gives the state the authority to deny licenses to individuals and institutions that do not provide or cooperate with abortion.

§ 2599-bb. Abortion. 1. A health care practitioner licensed, certified, or authorized under title eight of the education law,

To understand the significance of this, you have to understand that the Education Department oversees all the licensed professions like doctors, physician assistants, nurses, and others. So this provision authorizes the Education Department to permit non-doctors to do abortions and to set the limits on what they can do. So it’s entirely in their discretion to allow non-doctors to do surgical abortions like early suction aspiration abortions – where a vacuum is inserted into the womb and the baby is sucked out, often being dismembered in the process of being killed.

acting within his or her lawful scope of practice, may perform an abortion when, according to the practitioner’s reasonable and good faith professional judgment based on the facts of the patient’s case:

This means that the application of this law is entirely in the discretion of the abortionist. Since there are no penalties for violating the law, this standard is meaningless.

the patient is within twenty-four weeks from the commencement of pregnancy, or

This means abortion on demand for any reason at all for the first twenty-four weeks of pregnancy, including times when the infant has a heartbeat (about eight weeks), and can feel pain (about twenty weeks).

there is an absence of fetal viability, or

This term is undefined in the law, meaning that it is entirely up to the abortionist to determine the application of the law, with no third party (e.g., another doctor) having to concur. The doctor can therefore decide that an infant isn’t “viable”, for example, because she has a developmental problem that would require medical treatment for her to survive – in other words, virtually any kind of disability.

the abortion is necessary to protect the patient’s life or health.

This is the heart of the matter. This term “health” has been defined by the Supreme Court as meaning “all factors — physical, emotional, psychological, familial, and the woman’s age — relevant to the well-being of the patient” ( Doe v. Bolton, the companion case to Roe v. Wade). In effect, it means any reason whatsoever, if the woman and the abortionist consider it relevant to her emotional or psychological or family health. Notice also that the bill considers only the mother to be a “patient”. The unborn child is a target.

§ 3. Section 4164 of the public health law is REPEALED.

This provision repeals the law that gave full civil rights protection to a child born accidentally in a post-twenty-week abortion, required that such abortions be done in a hospital, and that a second doctor be available to provide care to the infant. By repealing it, the bill guarantees that the infant will receive no care and will be allowed to die untreated. After all, the infant isn’t the doctor’s patient – just the mother. And the doctor has no obligation to provide treatment that he considers futile. And in the end, the entire purpose of the abortion is to produce a dead baby, so this part of the bill guarantees that.

§ 5. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal law are REPEALED

This provision repeals all the criminal statutes that would penalize illegal abortions. It thus would prevent a serious criminal prosecution for a direct attack on the unborn child, an abortion by an unlicensed person (the “back-alley” practitioner), and a coerced abortion.

Many of the advocates for this bill – including the Governor and other elected officials – continue to spread falsehoods and deny what it really does. So let’s turn the question around on them. Take our worst-case scenarios, and ask, “where in the bill does it prohibit that?” The fact is, there is absolutely nothing in the bill, or the state of the law after its enactment, that would prohibit any of these following things.

  • Abortion up until the moment of birth for any reason – because of the broad definition of “health” that could include virtually anything the mother and the abortionist want it to mean.
  • Non-doctors doing surgical abortions (e.g. vacuum aspirations) – because it repeals the physician-only provision of the old law and leaves it entirely up to the Education Department to decide who can do abortions.
  • Pharmaceutical abortions prescribed online (the term is “telemed”) – again, because the scope of practice of the abortionist is entirely in the discretion of the Education Department.
  • New York becoming an abortion destination – because we will be one of the few states in the nation that permits late-term abortions for any reason without any regulation.
  • Aborting an infant with a disability who would need medical care to survive out of the womb – because of the vagueness of the term “viability”, and also because of the broadness of the term “health”.
  • Not treating an infant born alive accidentally – because it repealed the law that granted legal protection to such children, and because abortionists are not going to treat the child that they were in the process of killing in the womb moments earlier.
  • Prosecutions of non-licensed persons performing abortions (the old “back-alley” abortion) – because prosecuting the offense of practicing medicine without a license is up to the discretion of the Education Department and the Attorney General, and it’s very unlikely that New York’s staunchly pro-abortion government is going to do much about this.
  • An attack on an unborn child that does no harm to the mother but causes a miscarriage – because the unborn child is not a “person” under our law, the only possible crimes to prosecute might be misdemeanor assaults on the mother, a woefully inadequate remedy for such a heinous offense.

Much has been made of the idea that this bill only “codified Roe v. Wade“. But here’s what the Supreme Court actually said in Roe:

With respect to the State’s important and legitimate interest in potential life, the “compelling” point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother’s womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion

This new law rejects the idea that the state has any interest whatsoever in protecting the life or health of an unborn child at any stage, much less the time when the baby can survive outside of the womb. That is a gross dereliction of one of the fundamental duties of any government, and it marks a return to barbarism.

That’s what the law says.  It is perverse to claim otherwise.

The Battle is Far From Over

Friday, January 25th, 2019

The catastrophic enactment of the Reproductive Health Act has left pro-lifers, both in New York and beyond, feeling numb, angry and dispirited. The bill legalizes abortions up until the moment of birth, allows non-doctors to do abortions, removes any legal penalty for a domestic violence attack against an unborn child, and eliminates protections for babies born accidentally in an abortion. Perhaps the better name for the law is the “Guaranteed Dead Baby Act”.

It was the most devastating defeat for the pro-life cause in New York since the original legalization of abortion in 1970 and the failure to repeal the law in 1972. It came at the end of twelve years of fighting, in which we were able to hold off the passage of various versions of the law, including one specifically drafted by the Governor’s office and slipped into his budget. But after last fall’s election, which swept away the GOP control of the Senate, the passage of the bill was foreordained.

We never gave up – our bishops issued strong statements of opposition, we sent information to our parishes, our allies in the Evangelical churches fought hard, and about 40,000 emails were sent to the Legislature through the Catholic Conference’s Action Center. But elections have consequences. If it wasn’t clear before, it certainly is now. This is what happens if Catholics, other Christians, and all good people fail to make life a priority in their voting decision. And that means voting only for pro-life candidates and refusing to vote for anyone who favors legal killing of unborn children.

The injury was compounded by the insult of Governor Cuomo’s celebratory mood, climaxed by his decision to have state facilities lit up in pink to mark the passage of the bill. The obscenity of that decision is best seen in the lighting of the Freedom Tower’s pinnacle in pink. Remember, the Freedom Tower is built on a grave – the last resting place for the victims of 9/11, which included several unborn children. Every day in the United States, more children are aborted than the number of people who were murdered on 9/11. The Governor took a war memorial that belongs to all Americans, and perverted it into a beacon of the Culture of Death.

But the battle is far from over. The pro-abortion advocates who pushed for this horrific bill are powerful, rich and arrogant. They think we’re going to give up or that they can force us to conform, but they’re seriously mistaken. We will never stop working to create a Culture of Life and Civilization of Love. So what do we do now? Here are some thoughts.

The real question of abortion is not up to any legislature or governor. It will be decided one pregnancy at a time. The pro-abortion message relies on fear of all kinds — losing autonomy or lifestyle, the opposition of families, abandonment by the baby’s father, and so on. Every pregnant woman’s situation is unique, and we must be ready to respond to them as individuals, not as puppets in a political theater, and help them through their fears to hope and joy.

This is where our pregnancy assistance programs are so important. We clearly need to make a massive new investment in supporting pregnant moms and post-natal moms and babies. We have many great pregnancy support initiatives. One example is the wonderful Mother Theresa Home in Buffalo. Another is the Visitation Mission of the Sisters of Life. There are many, many more.

These pregnancy centers are in the cross-hairs of the pro-abortion movement, which desperately wants to shut them down. After all, they can’t handle it if women actually hear the truth and feel the love of people who will support a decision for life. The Supreme Court recently upheld the free-speech rights of  pregnancy centers, but they didn’t resolve the issue definitively. We expect further legislative and enforcement threats to the centers, so we have to be ready to defend them.

That leads to another key issue – the protection of religious liberty and conscience rights. Our resistance to abortion is grounded in the truth. We can never compromise with lies, and we can never permit anyone to force us to accept them. New York already has robust anti-discrimination protections for people who oppose abortion for religious or moral reasons. But people don’t know their rights and the government isn’t going to tell them. A major publicity campaign has to be undertaken to ensure that people know that they don’t have to knuckle under to the pressure to cooperate in abortion, and that they can’t be punished for their religious beliefs. This can lead to a wonderful legal irony – filing complaints and making our hostile state and local governments enforce the anti-discrimination laws to protect us.

We also have to keep our eyes open for the next big pro-life battle front – this time, at the other end of life. We are not a one-issue movement that only cares about abortion. There is a serious, well-funded and relentless effort to legalize assisted suicide and euthanasia, and they have set their sights on New York. This battle has been going on for a while, but it’s going to move to center stage now.

This is a spiritual battle, not just against political adversaries but against the powers and principalities (see Eph 6:11-18). On the anniversary of Roe v. Wade, the Cathedral of St. Patrick was filled for a Holy Hour and Mass for life. The Holy Spirit uplifts us, even in our dark hours, and nothing can prevail against Him. We have to convert our anger against this bill and its supporters into prayer. Remember what Jesus told us: “In the world you have tribulation; but be of good cheer, I have overcome the world” (John 16:33).

The rich and powerful people in our society like to call themselves “the resistance” because they oppose the President and march wearing silly hats. But they’re just oligarchs in exile who want to recapture power. We are the real resistance. Our goal is not power, but conversion of heart for those who are appalled by injustice. Our message is “come, join us”, and not “we will force you to agree”. The most important tactic is our willingness to testify to the truth by our words and our actions, and our refusal to cooperate with injustice and lies.

We are in the epicenter of the Culture of Death, so if anyone really wants to fight it, this is the place. It’s easy to be pro-life in the deep red states, where they’ve already enacted every pro-life law imaginable and there are few abortion clinics. If you want to go where the action really is, come to New York.

We will never give in to the Culture of Death. We need to keep on our lips the brave words of the prophet Daniel when he stood up against the powerful people who wanted him to conform: “Be it known to you, O king, we will not serve your gods or worship the [pink] image which you have set up” (Daniel 3:18). Amen to that.

On the Precipice of Abortion Expansion

Thursday, January 10th, 2019

With the beginning of the new session of the New York State Legislature, we are now on the verge of having the most radical and extreme abortion law in the United States, if not the world. It’s the latest version of a bill that we have been fighting against for over a decade, the “Reproductive Health Act” (S.240/A.21). It’s more aptly called the “Abortion Expansion Act”.

The leaders of our Legislature, thanks to the wide majority of newly-elected Democrats, are totally committed to passing this bill as soon as possible. The Governor, whose appetite for abortion expansion seems to have no end, has pledged to have it pass this month and has even gone so far as to promise to have the New York State Constitution amended to enshrine abortion as a basic right. Barring a miracle, the bill will be signed into law later this month.

How much more abortion do our elected officials want? There were over 82,000 abortions reported in 2016 (the most recent official statistics). We already have highest abortion rate of any state —double the national average. Over 1,700 of these abortions took place at 20 weeks gestation or later – after a baby can feel pain. In over 2,600 abortions, the mother had at least five previous abortions. Do we really want even more of that suffering and death?

As New York is about to plunge even deeper into the Culture of Death, we must be very clear about what this bill would do:

It is designed to allow more late-term abortions — killing babies through all nine months of pregnancy.

The promoters of this legislation frankly admit that its main goal is to expand late-term abortion.  Current state law already permits abortions through 24 weeks of pregnancy for any reason whatsoever, but only after that if it is necessary to save a woman’s life.  This bill would permit a “health” justification for late-term abortions. But the term “health” has been interpreted by the Supreme Court to include pretty much anything related to a woman’s physical, psychological, emotional health, including things like age and economics.

In other words, it’s such a broad term that this bill will allow abortion for any reason whatsoever at any time during a pregnancy even up to the moment of birth.

It would allow non-doctors to perform abortions.

New York law right now is clear that only licensed physicians can do abortions. This bill would eliminate that requirement, by allowing the state government to permit other health care professionals to do abortions — which could include nurse practitioners, physician assistants, midwives, as well as other non-physicians. Let’s say that again so it’s perfectly clear — this bill would allow people to do surgical abortionswho haven’t gone to medical school, haven’t served as an intern, haven’t done a medical residency.

That’s how extreme this bill is. And that’s exactly the goal of the advocates — because so few doctors want to get involved in the grisly business of killing children, they want to expand the pool of potential abortionists.

It is designed to guarantee a dead baby.

Currently, New York law gives full legal protection to any child who might be born alive as the result of an abortion, which can happen during a late term abortion. It also requires that a second doctor be available during a late-term abortion to care to a child born alive. This bill would repeal these protections, leaving a child born alive at the mercy of the doctor and staff who were just minutes ago trying to kill her. We’ve seen how that turns out, thanks to the horrific Kermit Gosnell case from Pennsylvania.

How callous have we become that we are passing a bill that would permit – and even require – doctors to stand by and let a baby to die of neglect?

It will leave women and babies vulnerable to back-alley abortions and domestic violence.

This bill would completely decriminalize any kind of abortion. Currently, the crime of “abortion” is the only way to prosecute unlicensed abortionists, people who coerce women into having an abortion, and domestic violence attacks against pregnant women that are intended to harm the unborn child. These crimes happen all the time. Just last month a man in upstate New York was arrested after pushing his fists into the belly of a 26-week pregnant woman to try to cause a miscarriage. This bill would give him a free ride for such a heinous act.

At a time when violence against women is being given so much more scrutiny, how can our legislators be so blind as to pass such a bill?

It could compel health professionals and institutions to cooperate in abortions.

The bill declares that abortion is a “fundamental right,” and that the state may not “discriminate, deny or interfere with” this right. The result may be that doctors and other health providers may be required to perform or refer for abortions or risk losing their license to practice. This has happened in other countries and there’s no reason to think that it couldn’t happen here. Medical facilities, even religious ones, could be also be forced to allow abortions on site or risk fines, penalties, or loss of licenses.

So much for the “right to choose”.

What can we do about this?

First, please contact your legislator and urge them to reject this radical bill. The easiest way is to use the New York State Catholic Conference’s Action Center.

Second, we need to step up our efforts to support women who are pregnant and are at risk of choosing abortion. A wonderful example of this is the Sisters of Life Visitation Mission. We also need to reach out to the women who have had abortions and now need healing. Two great programs are the Sisters of Life Hope and Healing Mission and Lumina.

Third, we need to pray. For conversion of heart of our elected officials and advocates for abortion. For hope and support for pregnant women. For an increase in a culture of sexual purity and respect for the sacredness of every human life. For God to withhold his hand of judgment against our wicked society.

New York, and indeed our entire society, is on the precipice. In times past, society looked the other way when unwanted children were abandoned or killed. With this Abortion Expansion Act, we are reverting to a state of barbarism.

Can We Talk About War?

Monday, December 3rd, 2018

At today’s Mass, we heard Isaiah’s famous lines about the coming kingdom of God and the reign of the Messiah:

He shall judge between the nations,
and shall decide for many peoples;
and they shall beat their swords into plowshares,
and their spears into pruning hooks;
nation shall not lift up sword against nation,
neither shall they learn war any more. (Is 2:4)

So can we talk about war and peace in this age of ours, two thousand years after the coming of the actual Messiah?

We just survived a long and grueling national election campaign in what was called, with typical political hyperbole, “the most important election of our lives”. I follow politics pretty closely. I don’t recall much, if any, talk about war and peace during this allegedly monumental campaign. How strange, considering:

  • The United States is currently in our seventeenth year of war — by far, the longest period of war in our history — with no end in sight.
  • We are currently involved in armed conflict in seven countries: Afghanistan, Iraq, Syria, Lybia, Yemen, Somalia, and Niger. Our soldiers may also be involved in secret combat operations in several other African counties. We have combat troops and active military bases in many more nations as well.
  • The Defense Department estimates the cost of the wars in Iraq, Afghanistan and Syria at $1.5 trillion. The monthly cost is about $3.4 billion. Other estimates, which include projected future costs for veteran health care, have been as high as $5.6 trillion.  By way of comparison, the annual defense budget is about $700 billion.
  • The human cost of the wars — according to one estimate from Brown University, approximately 500,000 people have died in these wars, including about 6,300 US military members and contractors. This doesn’t include people who died due to indirect results of the conflicts or the millions of people who have been displaced from their homes.

There are many policy arguments we can have about the legitimacy and conduct of these wars. But our nation hasn’t had that discussion, and virtually none of our public officials seems interested in having it — on all sides of the political spectrum. It is truly bizarre, in a democratic nation at war, that it isn’t even on the political radar. Are these wars worth the cost? What policy goals are they pursuing? Are we doing more harm than good? Can those goals be achieved by other, non-military means? Aside from ritual incantations about “support the troops”, the silence is perplexing and troubling.

Can we also talk about the legality of the wars? Since Congress hasn’t declared war on anyone, the only legal leg for these wars to stand on is the Authorization for the Use of Military Force Resolution, passed by Congress in the immediate aftermath of 9/11. That resolution provides that “the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons…” Three Presidential Administrations have interpreted this to permit military operations against forces that not only had nothing to do with 9/11, but didn’t even exist at that time. The last Administration proposed an amended AUMF, but efforts by some Senators and Congressional representatives to open a debate about it have been consistently stymied by the leadership of both houses. Can we at least talk about this?

There have also been credible charges that war crimes and crimes against humanity are being committed in the Yemen war by Saudi and allied forces. America supports their war effort with intelligence and material, raising the question of whether the US is complicit in those crimes. There have been attempts recently in Congress to end US support for that war, but there is little hope that they will succeed. Is anyone talking about this?

It is vitally important that we have a serious debate about this. For pro-lifers, this is a critical issue. God cherishes every human life, regardless of nationality. We cannot be consistent or coherent in our defense of life unless we defend life everywhere. For Catholics, the need for the debate, and for our unique faith-based contribution, is even more essential. The Church has long been an eloquent advocate for peace. Pope Benedict and Pope Francis have been salient voices for an end to armed conflict. In his last Message for the World Day of Peace in 2013, Pope Benedict said,

[T]he Church is convinced of the urgency of a new proclamation of Jesus Christ, the first and fundamental factor of the integral development of peoples and also of peace. Jesus is indeed our peace, our justice and our reconciliation (cf. Eph 2:14; 2 Cor 5:18). The peacemaker, according to Jesus’ beatitude, is the one who seeks the good of the other, the fullness of good in body and soul, today and tomorrow. From this teaching one can infer that each person and every community, whether religious, civil, educational or cultural, is called to work for peace. Peace is principally the attainment of the common good in society at its different levels, primary and intermediary, national, international and global. Precisely for this reason it can be said that the paths which lead to the attainment of the common good are also the paths that must be followed in the pursuit of peace.

In this Advent season, we listen to the Prophet Isaiah and the other prophets in their longing for the coming of the Kingdom of God and the Prince of Peace. We have to remember that these are not just pious sentiments about “pie in the sky” someday in the distant future. Working for peace in our time is an essential part of the Gospel message of redemption, and is a specific obligation for every Christian to work tirelessly for it. We cannot stand by and do nothing while the world burns. We need to talk about war.

Abortion and Elections

Tuesday, November 13th, 2018

The election last week was a watershed event for the pro-life cause in New York. For the first time in years, the Democratic Party gained control of the Senate, giving it complete control of both houses of the Legislature and all of the State-wide offices, and also of appointments to the Court of Appeals and intermediate appellate courts.

Our blue state has gotten even bluer. This is the result of long-term trends, including the increased share of the Latino vote, the increased activism of young voters, growing numbers of people who do not practice any faith, and shifts in political views among college educated people (particularly women) and those who live in the suburbs. The deep unpopularity of the President was a major factor. No Republican has been elected to a state-wide office since 2002, and the likelihood of the GOP staging a significant comeback are bleak.

Why does this matter so much for the cause of life? Because the Democratic Party in New York has become the Extremist Pro-Abortion Party. The Governor ran a campaign that highlighted his support for a vast expansion of abortion under the guise of “codifying Roe v. Wade“. Remember, this is the man who once said that pro-lifers “have no place in the state of New York, because that’s not who New Yorkers are.” The new Democratic majority in the State Senate has promised to pass the Reproductive Health Act as one of their first priorities in the upcoming legislative session, and we expect more anti-life bills to follow — like discriminatory measures targeting pregnancy centers and mandated coverage of contraception and abortion in all health insurance policies.

Make no mistake. This is an extremist agenda. The reality is that New York already has one of the most liberal abortion laws in the nation, one that pre-dates Roe and which permitted thousands of abortions prior to Roe. Abortion is available on demand, for any reason whatsoever, at any time prior to 24 weeks of pregnancy, and afterwards if the life of the mother is at risk. Overturning Roe will have no effect whatsoever on that – the vast majority of abortions will still be legal in New York.

The official statistics tell the horrible story of abortion in our state. 86,627 abortions in New York State in 2015; 367 abortions per 1,000 live births (so over a quarter of all pregnancies in our state ends with an abortion); 505 abortions per 1,000 live births in New York City (so over a third of all pregnancies in the City ends with an abortion); 1,038 abortions per 1,000 live births for African-Americans in New York City (so there are more abortions than live births among African-Americans); 2,106 abortions in our state after 20 weeks, after the time when unborn children can feel pain. The current abortion regime in our state has decimated entire swaths of our population and has left millions in post-abortive pain. It is the very definition of a gross dereliction of duty by our government.

The legislation being promoted by the Governor and the Democrats would make things even worse. It would expand the availability of late-term abortions on demand; it would permit non-doctors to do abortions, including late-term abortions; it would virtually eliminate the ability of the State or local governments to regulate the practice of abortion; it would immunize from criminal prosecution any person who directly tries to cause the death of an unborn child (e.g., in a domestic violence incident); and it would eliminate the legal obligation to have a doctor on hand to care for a baby born alive after an abortion. That’s not a “pro-choice” bill, it’s the abortion industry’s dream list.

I am in the middle of reading the book Gosnell: The Trial of America’s Biggest Serial Killer. The recently-released movie is based on this book. It’s the story of how Kermit Gosnell was brought to justice, almost by accident, for running an atrocious abortion mill in Pennsylvania. The book is a harrowing read. The clinic was filthy, staffed by unprofessional morally depraved incompetents, and the patients were treated worse than animals. The doctor was a psychopath who kept body parts and intact dead babies as trophies of his work. He and his staff routinely and callously killed any baby born alive and threw them in the garbage. It is horrifying and stomach-turning reading.

The worst thing about the Gosnell case is that it was permitted to happen because of the pro-abortion ideology of the state government of Pennsylvania, who were criminally negligent in responding to complaints and inspecting the clinic. The “pro-choice” governor of that state made it clear that abortion clinics were off limits to government regulators. Gosnell was permitted to commit mass murder with impunity because of the complicit inactivity of the government.

Now that the Pro-Abortion Extremist Party is in full control of the New York government, the Gosnell case stands as a vivid warning of what may happen here. We’ve already seen the results of an abortion industry that has no accountability. We’ve seen videos of women being taken from clinics in ambulances due to complications from abortions, the State Health Department inspects virtually no abortion clinics, and they have never shut down an unlicensed clinic in recent memory. Neither the State government nor local law enforcement has been interviewing women who have been coerced into abortions, or who were the victims of sex traffickers or child rapists who were never reported by abortion clinics.

Elections obviously have consequences. Voters obviously were unaware of or indifferent to the current Culture of Death that exists in our state. St. John Paul, in The Gospel of Life, spoke of a “a war of the powerful against the weak” and a “conspiracy against life”. New York is deeply in the grips of this conspiracy. We need to become even greater prayer warriors, defenders of women who are vulnerable to abortion, and promoters of the truth of the beauty and dignity of every human life. We have powerful adversaries, and we have our work cut out for us.