[Dialogue] Letter to Editor
Karl Hess
khess at apk.net
Mon Mar 28 12:34:34 EST 2005
It seems to me important to distinguish the
'pro-life' movement and the right-wing political
grandstanding from the real Catholic position.
See below.
Karl Hess
'No Moral Sense'
A Jesuit bioethicist believes the religious right
is exploiting Terri Schiavo and that there is no
moral or legal obligation to keep her alive.
WEB EXCLUSIVE
By Brian Braiker
Newsweek
Updated: 12:40 p.m. ET March 24, 2005
Editor's Note: The Supreme Court declined to hear
the Schiavo case on Thursday, Mar. 24. The
justices did not immediately provide legal
reasons for their decision, and no justice issued
a written dissent with the one-page ruling.
March 23 - Despite congressional intervention, a
three-judge panel of the United States Court of
Appeals for the 11th Circuit refused to order the
brain-damaged Terri Schiavo's feeding tube
reinserted, intensifying the fight over the fate
of a woman who has become a symbol-some say
pawn-for both the right-to-life and the
right-to-die movements. Schiavo's parents, Robert
and Mary Schindler, said Wednesday that they plan
to appeal one last time to the U.S. Supreme Court.
Meanwhile, peripheral players and pundits
weighed in on a case that is drawing wall-to-wall
cable coverage. From Washington to Rome, leaders
of the religious right have repeatedly called for
American courts to protect Schiavo-a Roman
Catholic woman whom medical experts say is in a
persistent vegetative state with no hope of
recovery-from certain death if her feeding tube
is not replaced. The Vatican's leading
bioethicist called such a death a "pitiless way
to kill" someone.
But much like in the United States, where
consensus is a rare commodity, even the Roman
Catholic Church is not unified in its stance on
Schiavo. The Rev. John J. Paris, a bioethics
professor at Boston College and an expert on the
intersection of law, medicine, and ethics,
believes that past statements made by the pope
have been taken out of context, misrepresented as
church doctrine and applied to the Schiavo case.
He says Schiavo, who has a moral right to die,
has been exploited by the religious right to
further its agenda-and if the pope himself, who
has no known living will, were in a similar
situation, it would be "an invitation to open
chaos" at the Vatican. Paris spoke to NEWSWEEK's
Brian Braiker about euthanasia, high-tech life
support and moral obligations. Excerpts:
NEWSWEEK: The church has said that providing food
and water does not constitute an extraordinary
way of sustaining life.
John J. Paris: What you're quoting is a statement
that was issued by the pope at a meeting of [an]
international association of doctors last year in
Rome. This was really a meeting of very
right-to-life-oriented physicians. It was an
occasion speech. The pope meets 150 groups a
week-a group comes in and the pope gives a
speech. If the pope tells the Italian Bicycle
Riders Association that bicycle riding is the
greatest sport that we have, that doesn't mean
that's the church's teaching, that the skiers and
tennis players and golfers are out. It wasn't a
doctrinal speech.
So it's been taken out of context?
It has to be seen in the context. This has to be
seen in the context of the pope's 1980
Declaration on Euthanasia, which says that one
need not use disproportionately burdensome
measures to sustain life. Even if the treatment
is in place, if it proves burdensome it can be
removed. The terms you'll hear them talk about
all the time are "ordinary" and "extraordinary."
Well, those words are so confused in the minds of
the public that they no longer serve any useful
purpose. People think of extraordinary as
respirators or heart transplants. Extraordinary
never referred to technique or to hardware-it
referred to moral obligation. What are we obliged
to do?
What is the church doctrine?
The church doctrine, and it's been consistent for
400 years, is that one is not morally obliged to
undergo any intervention. And, of course, 400
years ago they weren't talking about high
technology. Here's the example one of the
moralists of the 16th century gave: if you could
sustain your life with partridge eggs, which were
very expensive and exotic, would you be obliged
to do so? The answer is no, they're too
expensive. They're too rare. You can't get them.
They would be too heavy an obligation to put on
people.
Would the pope's recent tracheotomy qualify as a partridge egg?
No. This was best put together in a statement by
the chief justice in the Brophy [v. New England
Sinai Hospital Inc. right-to-die] case. He said
even such things as artificial nutrition and
fluid can become extraordinary if they become
burdensome when you have to sustain somebody for
15 years on it. That's surely burdensome. It has
nothing to do with the technique itself.
Antibiotics could be extraordinary if a patient
is dying and it's not going to offer many
benefits. The bishops of Florida themselves have
addressed this issue of the papal statement.
Right-to-lifers aren't attacking this Jesuit
priest, me; they're now attacking all the bishops
of Florida saying they are deviating from the
pope. What the right-to-lifers want to say is the
pope said you must always use artificial
nutrition and fluids for patients in persistent
vegetative state-and there's no exception. The
Florida bishops say that's not what the church
has taught and that's surely not what this means.
But at the Vatican Monsignor Elio Sgreccia, a
bioethicist like yourself, said "starving"
Schiavo to death would be a "pitiless way to
kill" someone.
The people in the Vatican are the same as the
people in the United States: they run the gamut.
He represents the radical right-to-life segment
of thinking. But he's not the only voice in the
Catholic Church. He undoubtedly wrote that speech
the pope gave. And now he says, "See? The pope
said it!"
So you're saying providing Schiavo with food and
water is not morally obligatory?
For 400 years the Roman Catholic moral tradition
has said that one is not obliged to use
disproportionately burdensome measures to sustain
life.
And in this case, you view this as disproportionately burdensome?
Fifteen years of maintaining a woman [on a
feeding tube] I'd say is disproportionately
burdensome, yes.
The editorial page of The New York Times said she
has been "exploited" by the religious right in
this country.
I agree with that. First of all, this is not a
fight about a feeding tube in a woman in Florida.
This is a fight about the political power of the
Christian right. The argument from Bishop
Sgreccia is like saying, "Tom DeLay just said,
'In America we never stop feeding tubes'." That
doesn't make it true. The fact of the matter is
that feeding tubes are removed every day in
hospitals around this country. We solved this
question medically in the United States in 1984
when the American Medical Association said that
patients who are terminally ill and/or in a
persistent vegetative state, it is ethically
acceptable to remove all medical interventions,
including artificial nutrition and fluids. That's
the official statement of the American Medical
Association.
The pope, himself a sick man, has yet to make
known a living will. What do you suppose would
happen if he were in a similar situation?
This is the open invitation to chaos. There are
no rules in the Vatican on this sort of thing
because, up through 1950, really, it wouldn't
happen. Doctors tended to kill people more than
save them. Unless there's some secret document
that the pope has written, he becomes a pawn in
the hands of bureaucrats. This organization is no
different than any others.
How does the stance of Schiavo supporters in the
church reflect religious teaching about death?
Here's the question I ask of these
right-to-lifers, including Vatican bishops: as we
enter into Holy Week and we proclaim that death
is not triumphant and that with the power of
resurrection and the glory of Easter we have the
triumph of Christ over death, what are they
talking about by presenting death as an
unmitigated evil? It doesn't fit Christian
context. Richard McCormick, who was the great
Catholic moral theologian of the last 25 years,
wrote a brilliant article in the Journal of the
American Medical Association in 1974 called "To
Save or Let Die." He said there are two great
heresies in our age (and heresy is a strong word
in theology-these are false doctrines). One is
that life is an absolute good and the other is
that death is an absolute evil. We believe that
life was created and is a good, but a limited
good. Therefore the obligation to sustain it is a
limited one. The parameters that mark off those
limits are your capacities to function as a human.
But is anyone arguing that for Schiavo to die
would be an "unmitigated evil"? They just don't
want her death to happen unnecessarily.
It's not happening unnecessarily. It's happening
because her heart attack has rendered her utterly
incapable of any future human relationships. The
Republican riposte to this is astonishing:
interest in states' rights disappearing, interest
in privacy of the individual to be free of
government intrusion disappearing. If we
implemented the policy articulated by the
Congress and the president, we'd have everyone
going forever!
And Social Security would really be in trouble.
[Laughs.] It just makes no moral sense.
© 2005 Newsweek, Inc.
URL: http://www.msnbc.msn.com/id/7276850/site/newsweek/?rf=nwnewsletter
More information about the Dialogue
mailing list