Folks: Any thoughts on this case? It struck me that the court’s statement went beyond just trying to determine the likely wishes of Joan Zornow, who had been a quite devout Catholic, and made assertions about what Catholics should think, not just about what this Catholic did think. In particular, I had in mind these passages, coupled with the extraordinarily length and detail of the quotes from Catholic teachings, and the seeming endorsement of those teachings:
“Under this statute the finders of fact and surrogates, in ascertaining the
Catholic’s beliefs as applicable to a particular medical condition, may
encounter, and should be alerted to, various groups or persons improperly
contesting the authority of the Magisterium, or the Catholic Church’s official
position or its doctrines, and claiming a right to declare principles in
opposition to or inconsistent therewith:
Often the lack of obedience to the Magisterium is not total but selective; Our
culture teaches us to believe what is convenient and to reject what is
difficult for us or challenges us. Thus, we can easily fall into cafeteria
Catholicism,’ a practice of the faith, which picks and chooses what part of the
deposit of faith to believe and practice. A most tragic example of the lack of
obedience of faith, also on the part of certain Bishops, was the response of
many to the Encyclical Letter Humanae vitae of Pope Paul VI, published on July
25, 1968. The confusion which resulted has led many Catholics into habits of
sin in what pertains to the procreation and education of human life. (Catholic
Orthodoxy, Cardinal Burke, supra; see also Charles E Curran’s Grossly
Inaccurate Attack on the Moral Theology of John Paul II, May, William E.,
professor of Moral Theology, Catholic University of America, June 14, 2005).”
“It is noted that one of the children here, after consultation with a priest,
believed that the blanket directive to prohibit food and water from his mother
when she became unable to take food orally regardless of her medical condition
was consistent with Catholic principles. (Transcript of 9/2/10 Colloquy). It is
not clear whether he misunderstood, misapplied, or was misadvised.
Nevertheless, it points out the need for the guardian/surrogate under the
statute for vigilance to search out proper authority well trained in Catholic
moral theology in determining their charges’ religious beliefs to be applied to
the applicable medical situation.”
“The potential question earlier raised, but not reached, is if a Catholic or
non-Catholic determines to forego water and food administered artificially in
situations of legally allowed euthanasia under the statute or law, but morally
disallowed for Catholics, may any Catholic, especially Catholic surrogates, and
Catholic health care providers etc. make or implement such decisions.”
But perhaps I’m mistaken; I’d love to hear what others think
about it.
Eugene
Feed: Religion Clause
Posted on: Monday, March 14, 2011 5:29 AM
Author: Howard Friedman
Subject: Court Explores Catholic Doctrines For End of Life Decisions
Matter of
Zornow<http://www.courts.state.ny.us/reporter/3dseries/2010/2010_20549.htm>,
(NY Sup. Ct., Dec. 23, 2010, posted March 2, 2011), involves a dispute between
siblings over whether their mother, an Alzheimers patient in a nursing home,
should be denied artificially administered food and water when the statutory
conditions for doing so would permit such a decision to be made. New York
Public Health Law Sec.
2994-d.4.(a)<http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PBH2994-D$$@TXPBH02994-D+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=05223953+&TARGET=VIEW>
provides that a court-appointed surrogate shall made decisions "in accordance
with the patient's wishes, including the patient's religious and moral
beliefs." Finding that the mother was a practicing Catholic, the trial court
engaged in a lengthy analysis of Catholic doctrine on foregoing food and water.
In the course of the lengthy decision, Judge Polito was highly critical of
provisions in the New York statute that sets out standards that may be used by
surrogates in making health care decisions. He urged the legislature to create
a "sanctity of life" rather than a "quality of life" presumption. [Thanks to
Volokh
Conspiracy<http://volokh.com/2011/03/14/judge-warns-factfinders-be-alert-to-groups-or-persons-improperly-contesting-the-authority-of-the-catholic-churchs-official-position-or-its-doctrines/>
for the lead.]
View
article...<http://religionclause.blogspot.com/2011/03/court-explores-catholic-doctrines-for.html>
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