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Old 01-24-2013, 03:04 PM   Topic Starter
Cave Johnson Cave Johnson is online now
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Catholic hospital: dead unborn twins in malpractice case not persons

Awkward.

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One thing you have to give the lads in The Clan Of The Red Beanie. They certainly know how to thrive in what many of their pet politicians call Our Litigious Society. Confronted by the civil law, the boys in the Clan don't reach for Scripture. They don't pray in seclusion for the imminent arrival of the Holy Spirit. They whip out their BlackBerries — and thank the Lord that's all they whip out — and dial up their lawyers, and then they do what the lawyers tell them, regardless of whatever Vatican-based palaver they dish out to the rest of us.

There's a real gem of a case going on in Colorado right now, where a Catholic hospital is alleged to have contributed to the death of a pregnant woman, and of the twins she was carrying, and in defense of its right not to be socked with the mother of all malpractice judgments, Holy Mother Church has discovered its inner Kate Michelman.

But when it came to mounting a defense in the Stodghill case, Catholic Health's lawyers effectively turned the Church directives on their head. Catholic organizations have for decades fought to change federal and state laws that fail to protect "unborn persons," and
Catholic Health's lawyers in this case had the chance to set precedent bolstering anti-abortion legal arguments.

Instead, they are arguing state law protects doctors from liability concerning unborn fetuses on grounds that those fetuses are not persons with legal rights. As Jason Langley, an attorney with Denver-based Kennedy Childs, argued in one of the briefs he filed for the defense, the court "should not overturn the long-standing rule in Colorado that the term ‘person,' as is used in the Wrongful Death Act, encompasses only individuals born alive. Colorado state courts define ‘person' under the Act to include only those born alive. Therefore Plaintiffs cannot maintain wrongful death claims based on two unborn fetuses."
Fetuses are precious giftpersons from the baby Jesus unless that principle happens to cost us a buck. Matthew 21: 12-13, beeyotches.

http://www.esquire.com/blogs/politics/#ixzz2IvQqmpSj
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Old 01-24-2013, 03:23 PM   #2
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If I were one of the Catholics, I would spin it that the church is trying to demonstrate the inequity of the law. Or go **** an altar boy. Either way, I guess.
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Old 01-25-2013, 01:56 PM   #3
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Originally Posted by listopencil View Post
If I were one of the Catholics, I would spin it that the church is trying to demonstrate the inequity of the law. Or go **** an altar boy. Either way, I guess.
It was only 2% of priests that molested boys, btw.
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Old 01-24-2013, 04:19 PM   #4
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I don't see the big deal. They shouldn't mount a legal defense that's available to them?
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Old 01-24-2013, 04:24 PM   #5
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Originally Posted by blaise View Post
I don't see the big deal. They shouldn't mount a legal defense that's available to them?

This. The law is the law, whatever it is, even if the Catholic Church disagrees with that law. In court they argue over what the law IS, while outside of court they argue what the law SHOULD BE.
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Old 01-25-2013, 01:41 PM   #6
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Originally Posted by Amnorix View Post
This. The law is the law, whatever it is, even if the Catholic Church disagrees with that law. In court they argue over what the law IS, while outside of court they argue what the law SHOULD BE.
While technically and legally you are correct, shouldn't the "church" try to do what's right according to God's law, even if they are not required to do so under the laws of man?
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Old 01-25-2013, 01:48 PM   #7
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Originally Posted by BigChiefTablet View Post
While technically and legally you are correct, shouldn't the "church" try to do what's right according to God's law, even if they are not required to do so under the laws of man?
I don't think God's law mentions civil suits in US court.
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Old 01-25-2013, 02:00 PM   #8
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Originally Posted by blaise View Post
I don't think God's law mentions civil suits in US court.
That doesn't make them any less hypocritical.
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Old 01-24-2013, 04:32 PM   #9
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Quote:
Originally Posted by blaise View Post
I don't see the big deal. They shouldn't mount a legal defense that's available to them?
Definitely not arguing that. But given the Church's stance on life, it might be distasteful to jurors (assuming the dismissal of the unborn kids count/case gets into evidence).

Pyrrhic victory, that sort of thing.
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Old 01-24-2013, 05:00 PM   #10
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Originally Posted by blaise View Post
I don't see the big deal. They shouldn't mount a legal defense that's available to them?
Is it not "against their fatih" to even make such an argument?

Seeing how it is "against their faith" to follow a law requiring that birth control be available for optional use under the insurance plans they offer, it seems rather unbelievable that there is no problem with trying to avail themselves of a law that says a fetus is not a person.
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Old 01-24-2013, 05:51 PM   #11
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Originally Posted by cosmo20002 View Post
Is it not "against their fatih" to even make such an argument?

Seeing how it is "against their faith" to follow a law requiring that birth control be available for optional use under the insurance plans they offer, it seems rather unbelievable that there is no problem with trying to avail themselves of a law that says a fetus is not a person.
I don't disagree with you, but its really kind of irrelevant what they think. I agree with Amorix's earlier post
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Old 01-24-2013, 06:35 PM   #12
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Originally Posted by cosmo20002 View Post
Is it not "against their fatih" to even make such an argument?

Seeing how it is "against their faith" to follow a law requiring that birth control be available for optional use under the insurance plans they offer, it seems rather unbelievable that there is no problem with trying to avail themselves of a law that says a fetus is not a person.
They're breaking a law regarding birth control?
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Old 01-24-2013, 08:43 PM   #13
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Originally Posted by blaise View Post
They're breaking a law regarding birth control?
Who said that?
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Old 01-25-2013, 05:58 AM   #14
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Originally Posted by cosmo20002 View Post
Who said that?
Then what's your point?
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Old 01-25-2013, 01:28 PM   #15
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St. Thomas More Hospital, a not-for-profit 55-bed acute care facility, is the cornerstone of health care services for Fremont County and surrounding communities.
55 beds? Not sure I'd be dellivering twins in a place that may not have all the medical resources of a larger facility.
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