The Freedom of Choice Act is the subject of this Big B File.
I am so concerned about the Passage of this Big B File that I sent the following letter to my representatives in Congress, Senator Kit Bond, Congressman Lacy Clay, Senator Claire McCaskill (bold Print included in letters to Congressman Lacy Clay & Senator Claire McCaskill):
Dear Senator Kit Bond, Congressman Lacy Clay, Senator Claire McCaskill,
Recently, President Barak Obama has indicated that he would sign the Freedom of Choice if it gets to his desk. Speaker Nancy Pelosi, Senators Dick Durbin, Chuck Schumer, Ted Kennedy have expressed their eagerness to pass it.
I would like to get your responses to the following questions….
Are you for taking away the rights of states? According to a legal analysis done on FOCA for the United States Conference of Catholic Bishops, which says the following:
As a general matter, if FOCA were enacted, it would wipe out a very large number of existing state laws on abortion, substantially impede the ability of states to regulate abortion, and override nearly 40 years of jurisprudential experience on the subject of abortion. FOCA does this for several reasons.
First, FOCA states that the decision whether to have an abortion is a “fundamental” right. Under existing case law, a decision to have an abortion is not a fundamental right as it was under Roe. In 1992, seven justices rejected that view and concluded that the Court’s earlier decisions under Roe had too severely and improperly restricted the states’ power to regulate abortion. Planned Parenthood v. Casey, 505 U.S. 833, 873-87 (1992) (O’Connor, Kennedy, Souter, J1.) (concluding that the Court’s earlier decisions had gone “too far” and that “[..not all governmental intrusion [into abortion] is of necessity unwarranted”); id. at 944 (Rehnquist, C.J., joined by White, Scalia, and Thomas, JJ.) (concurring in part, dissenting in part) (agreeing that earlier decisions had gone too far, and urging that Roe be overruled altogether). In judging the constitutionality of abortion laws, the Casey plurality abandoned the use of strict scrutiny, a rigorous test traditionally reserved for the protection of fundamental rights and usually fatal to the challenged law, and substituted for it an undue burden test. The latter test prevents government from imposing a “substantial obstacle” in the path of a woman seeking an abortion before viability. Id. at 878 (emphasis added).
Here in Missouri, some of the laws that would be wiped off the books if FOCA passes include Parental consent for minors prior to an abortion, Partial-Birth Abortion ban (infanticide law), No taxpayer-funded abortions, 24-hour waiting period and informed consent prior to an abortion, Only physicians can perform or induce abortions, Conscience protections for pro-life doctors and hospitals who don’t want to do abortions; No abortions in order to use fetal organs or tissue for transplantation or experimentation, Licensing of most abortion clinics as ambulatory surgical centers to ensure basic health and safety of the patients, Requiring medical malpractice for doctors who perform or induce abortions, alternatives to abortion programs to encourage and support women who choose not to abort their unborn child.
Are you in favor of taking away parental rights? FOCA would do just that by denying parents the right to raise their kids how they see fit. The kids belong to their parents and NOT the government nor organizations like Planned Parenthood, Now, Pro-Choice America, and others. The parents should have the final decision on whether their daughter has an abortion or not and have the right to be told if their child wants an abortion.
Are you in favor of taking away the first amendment right of people of faith? The first amendment says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” FOCA will force Pharmacists, Doctors, and other health professionals to violate their morals and Religious Beliefs and perform Abortion procedures, dispense contraception (a form of abortion and in direct violate of numerous religious teachings, including the Roman Catholic Church). Just ask pharmacists Carol Muzzarelli, of Collinsville, Kelly Hubble, of Belleville, G. Richard Quayle, of Highland and John Menges, formerly of Edwardsville (all Illinois). They were suspended when they refused to violate their religious beliefs and dispense the morning after pill, a form of birth control. The Illinois Supreme Court heard arguments in the case in December 2008 and the case is Menges, et al. v. Blagojevich (U.S. District Court for the Central District of Illinois) and go to http://www.aclj.org/Litigation/?state=IL for other cases in this area. This would also apply to people like myself, who would be forced to pay for someone else’s abortion…via the taxes we pay to our respective states and to the Federal Government…forcing us to do something that runs contrary to my values and religious convictions and those of others like me. These tax dollars are the same tax dollars used to pay your salary!
Are you in favor of denying the first amendment rights of Doctors, Nurses and other medical professionals to exercise their religious? FOCA would do this by forcing them to dispense contraception and/or perform abortions in direct violation of their religious beliefs, morals, and consciences.
Are you in favor of violating the part of the first amendment that says, ”Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” especially the part that says “or prohibiting the free exercise thereof”. FOCA would force catholic hospitals and other Catholic Healthcare facilities to provide abortions and contraceptives, along with forcing Catholic organizations like Catholic Charities, St. Vincent DePaul Society, and others to pay for and/or provide abortion and contraceptive services (through programs such as Catholic Charities’ MedAssist Program)…all in direct violation of Code of Cannon Law and official Roman Catholic Church Teaching AND the First Amendment of the U.S. Constitution.
You have stated in the past that you want to “protect a woman’s right to choose”. Okay fine… a woman’s right to choose what… abortion or want? What is the other option besides abortion? I strongly urge you to oppose the Freedom of Choice Act (FOCA) and do everything possible to ensure its defeat once and for all. I would very much appreciate your response, please go to http://big-b.net/feedback.htmlor send them to me at 2192A Keeven Lane in Florissant, MO 63031.
Bryan V. Hewing
Author and commentator of the Big B Files
2192A Keeven Lane
Florissant, MO 63031