Police Arrest Suspect in Fatal Priest Shooting. Suspect had Been Out of Prison for Two Months.

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Gary Michael Moran. Photo Source: KTAR.com

Gary Michael Moran has been charged with first degree murder in the shooting death of Father Kenneth Walker, Associate Pastor at Mother of Mercy Mission Catholic Church in Phoenix AZ.

Mr Moran has also been charged with first degree burglary and armed robber with a deadly weapon. He was arrested after DNA evidence linked him to a van which was stolen during the robbery/murder. It sounds as if Mr Moran may have confessed to the crime since an article from KTAR.com says that he told police that he “shot one of the priests after the man came to the aid of the priest struggling with Moran in a hallway.”

It appears that Father Walker attempted to help the parish’ Senior Pastor, Father Joseph Terra, when he was being attacked by Mr Moran. I’ve read that Father Terra gave last rites to Father Walker after he was shot. Father Terra called 911. He told the dispatcher that Father Walker was not breathing at that time.

From KTAR.com:

PHOENIX — Bail was set at $1 million Monday for the man accused of fatally shooting one priest and brutally beating another at a Phoenix church.

Gary Michael Moran, 54, was charged with the first-degree murder of Rev. Kenneth Walker at Mother of Mercy Mission Catholic church near 15th Avenue and Monroe Street last week.

Rev. Joseph Terra was also attacked, but survived. He is expected to recover.

Police arrested Moran late Sunday based on DNA evidence lifted from a van belonging to the church that was taken from the site but found several blocks away.

Moran also was charged with first-degree burglary and armed robbery with a deadly weapon. In court documents, Moran told police that he shot one of the priests after the man came to the aid of the priest struggling with Moran in a hallway.

Walker was shot with a gun that was inside a rectory bedroom.

According to the state’s Department of Corrections website, Moran had been in prison on aggravated assault charges from 2006 until late April.

Clayton Locket was a Murderer. I Am Not.

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Oklahoma managed to execute a prisoner this week, but we did it in the most ungainly fashion possible.

Make no mistake about it, Mr Clayton Locket is dead, and the reason why is that he was executed on Tuesday night of this week by the people of the State of Oklahoma. Also and again, make no mistake about it, in the parlance of the death penalty debate, Mr Clayton Locket “deserved” to die.

He was a cold-blooded killer and a mad dog prisoner who evidently never showed a moment’s remorse in all the years since he shot 19-year-old Stephanie Neiman twice and then buried her alive.

I want to pause here and make what is, for me at least, the most important observation. Stephanie Neiman was a brave young girl who had just graduated from high school. Her murder left behind two devastated parents who will grieve all their lives. Stephanie Neiman deserves our sympathy; as for sympathy for Mr Locket, I’m fresh out.

This sounds for all the world like I’m leading up to a defense of the death penalty. I am not. I oppose the death penalty and I have the votes, going back through decades of legislative service, to prove it. I have never voted for the death penalty. I have always voted against it. Even deep in my anti-God period, I opposed the death penalty.

Why?

Back in my anti-God period, the reason was simple and direct. I come from a poor background. I have sat in courtrooms and listened as police officers perjured themselves to give testimony to convict someone. I have listened to testimony in which witnesses said under oath that law enforcement had instructed them to lie to help them convict a “bigger fish” or face criminal prosecution themselves.

I wasn’t motivated by a belief in a consistent respect for the sanctity of human life at that time. After all, I was doing everything I could to keep abortion “safe and legal.” What motivated me was the simple fact that I knew — not guessed, but knew — that our justice system is too rife with human weakness to be allowed to take a person’s life.

That was back then in my anti-God period. I still have not evolved to the point that I can honestly say I feel sorry for people who do heinous things to other people. I am not wracked with sympathy for Mr Locket because it took him just under an hour to die from the drugs that were administered to him Tuesday.

My sympathy is all with Stephanie Neiman and her parents. Can you imagine what it must have been like to be Stephanie Neiman, raped repeatedly, begging for her life, shot twice and then still alive while the dirt fell over her head?

How must it be for her parents to know that their beautiful little girl, the baby they brought home from the hospital, the little girl dancing under the Christmas tree, the young woman who had just graduated from high school, died alone and inhaling dirt?

No. I’m all out of sympathy for Mr Clayton Locket, the man who murdered Stephanie and then went on to threaten to kill prison guards and throw feces at people and who repeatedly made weapons out of objects in prison to use on other prisoners.

I oppose the death penalty for one simple reason. The Clayton Lockets of this world are murderers. I am not.

The press surrounding this botched execution has, predictably, run straight to purple. A guest on Rachel Maddow’s MSNBC show is reported to have likened Mr Locket’s execution to medieval torture. I can only assume that Miss Maddow and her guest don’t know very much about medieval torture. Likewise for all the other over-the-top nonsense I’ve been reading.

The death penalty is wrong because it’s unnecessary killing. We have what it takes to deep six these guys in our prison systems and leave them there until they die their natural deaths. I am not talking about, and I do not support, anything less than a total and absolute life sentence with no paroles, parole hearings, or compassionate truncations.

I don’t care if these murderers serve 60 long years and then get a terminal illness and petition to go home to die. There are some crimes that must mean that you die in prison. Heinous murders are such crimes.

We need a sane discussion of the death penalty in this country. The purpose of any law concerning legal punishments for crimes should always be to provide for the public good. Vengeance has no place in the law.

I do not doubt for a single moment that there are people who should never be allowed to walk free in our society. I do not limit that consideration to heinous murderers. I think violent or repeat rapists, gang rapists and child rapers should all be put in prison for life. The recidivism rate on violent sexual predators is simply too high to let these people out to prey again.

However, we do not have the right to kill people.

Let me say that again.

We do not have the right to kill people.

Human life belongs to God and we may not arbitrarily end it.

I believe that self-defense is always an exception to this, for the simple reason that every life is precious, including our own. I believe that I can use deadly force to defend my life or the lives of others. I extend that right of self-defense to nations, as well.

But other than acting in self defense, killing any human being is always wrong.

Governments are charged with providing for the safety of their citizens, which is a clear form of self-defense. We do not need the death penalty to provide for the public safety. We can lock these killers up and keep them locked up. We also do not have to let them give interviews, call their victims and all the other many things they indulge in while behind bars.

Mr Locket’s death was not medieval torture. That’s just bizarre hyperbole. If you’re looking for a better example of wanton disregard for life, and something that approaches torture, consider what Mr Locket did to Stephanie Neiman.

We need to create just penalties for the monsters among us that do not make murderers out of all the rest of us.

Why?

Because they are murderers.

We are not.

Shame on Everybody: Michigan Senate Race Debate Over Abortion

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Shame on everybody.

I would love to single out one of the mud-slingers and propagandizers in this little set-to and say “Fie on you!” But I can’t. So, I guess I’ll just say “Fie on everybody!” and be done with it.

United States Congressman Gary Peters is running for the United States Senate in Michigan. He evidently drug his kids into a debate over an abortion law, saying that as the father of daughters

… I struggle with how to tell them that the state we love and where our family has been for generations is now unfairly discriminating against them and makes health care less affordable.

I understand why this comment would raise the ire of anyone reading it. What kind of man drags his own kids into something this ugly? And what a schlocky way to do it.

Thankfully, the other fine folks in Michigan didn’t attack the daughters directly. But their reply comes close to matching the Congressman’s for sheer jerkiness. According to the pro life people of Michigan, Congressman Peters “wants to make sure abortion is accessible and cheap for his daughters.”

Maybe the harsh winter has frozen their brains up in Michigan. Can anyone in that state talk about important issues without getting down in the pits? I can think of a lot of ways to defend Michigan’s pro life laws, all of them based on principle and a call to higher orders of thinking. I could also, if I wanted, defend a position in opposition to such laws without ever once painting a target on my kids.

ThinkProgressive, which reported this story, added the cherry on top with its painfully biased reporting. Here’s how the reporter who wrote the story described the law in question:

The statement comes in response to a controversial new abortion restriction in Michigan that took effect earlier this month. Women who buy health insurance in Obamacare’s private market are now barred from purchasing a plan that includes abortion coverage, even if they want to end a pregnancy that resulted from rape or incest. They’ll be required to purchase a separate rider if they want an abortion procedure to be covered, which has led reproductive rights supporters to decry the measure as a rape insurance law.

I haven’t read the Michigan law, but there are a number of similar laws around the country. I am assuming that all this one does is not allow health insurance plans to pay for abortions. If someone wants to have abortion coverage in their insurance, then all they have to do is buy a rider providing it. I doubt very much that the questions of rape and incest enter into it.

I’m guessing that the Michigan pro abortion people couldn’t come up with an intelligent way to oppose this law, so they decided to claim that it is somehow aimed at victims of rape and incest. In my humble opinion, this line argument exploits rape and incest victims.

Evidently, a Michigan legislator joined the fray by talking about her own sexual assault in a speech. I’ve watched bits of the debate on this bill, and what I saw was a deliberate mis-characterization of the law in order to exploit women and girls who have suffered these horrible crimes against their humanity. I honestly regard it as a kind of social rape to do this to women.

I could really go off into a rant here, as the subject of violence against women always gets me going. I feel sorry for the legislator who talked about her own sexual assault in this manner. But, as I said, the bill does not address that issue. Conflating it with that issue is propaganda and exploitation of women who have suffered the dehumanizing effects of sexual assault.

I am also sick to the core of hearing people claim that abortion is the answer to rape. Abortion hides rape and lets the rapist off the hook. Abortion is, in a very real way, an accommodation to rape. It is disgusting to me that our idea of “helping” rape victims is to give them the option of adding the murder of their own child to what has already happened to them.

As I said in another post when I quoted a line from Rob Roy, it’s not the child that needs killing. I said this, even though I am opposed to the death penalty, because I want to make it clear who is at fault here: It is the rapist. We need to stop sexualizing and degrading women in our culture, and we also need to put these guys away and never let them out again.

I could say more, but I’m going to stop.

As for the fine folks in Michigan who, on both sides, have taken this debate about the value of human life and the humanity of women down in the basement: Shame on all of you.

2013 Favs: Michael Hastings’ Too Convenient Death

Michael Hastings was a journalist who had a penchant for writing the stories no one else would touch.

His reporting shook things up, exemplified by his stories on General Petraeus and General McChrystal. His latest piece, “Why Democrats Love to Spy on Americans,” promised to be another important contribution to Americans’ growing understanding of how our government is destroying our civil liberties through the combined use of bad laws and technology.

If Michael Hastings had died without mystery, in his bed from a diagnosed illness, his journalistic fame, along with widespread public interest in him, would probably have died along with him. But Michael Hastings died in a way that ensures his life, work and death will be a matter of public interest for a long time to come.

This administration, along with most members of Congress in both parties, are clearly implicated in the worst spying and civil liberties violation scandal in the history of this Republic. They have been monitoring the private conversations and emails of millions upon millions of innocent American citizens who not only have committed no crime, they are not under any sort of suspicion of committing a crime.

The legal basis for this activity is the badly misnamed “Patriot” Act. The excuse given for this is that without spying on virtually the entire American populace, the dimwits in Washington would be unable “to keep Americans safe.” According to our leaders, the only way to “keep Americans safe” is to put the entire country under surveillance.

The official reaction to leaks that let the American people know that their civil liberties are being trampled  by their government is to crank up the media machine in attacks against Edward Snowden, the man who made this public. The government is going at Mr Snowden with everything they have. This isn’t about “keeping Americans safe.” It’s about protecting their own selves.

Their rage at being exposed stems from one fact. These things needed to stay secret because it would get  them in trouble if it didn’t. All this blab about “security agreements” and “national security” boils down to one thing: They didn’t want the American people to know they were spying on them; not because we needed to be in the dark to “keep Americans safe” but because members of Congress and overreaching bureaucrats needed our ignorance to keep themselves safe.

The reason I’m going through this background is to explain why the untimely death of a journalist named Michael Hastings is suddenly such big news.

Michael Hastings had his finger in the spying-on-the-American-people pot, and he was evidently stirring it a bit. Given his reportorial skills, it seems possible that he might well have been jangling a few official nerves that were already raw. Just as it is imperative for the government to make an example of Edward Snowden because he let us know they were spying on us, they need, for the sake of keeping their jobs, for the story to stop stirring.


As I said, if Michael Hastings had died in his bed of a diagnosed disease, things would be different. However, he did not.

He died in a car crash into a tree that caused the car to blow up, tossing what looks in the video below like the car’s transmission about a block down the road. A few moments before the crash, he was spotted and recorded on a news video going through an intersection at high speed.

An eyewitness to the whole thing has come forward to describe what happened.

The scene is familiar to all of us. We’ve seen similar car crashes in movies and they weren’t accidents. They were assassinations. We know our government has tortured people. We also know our government lies to us and that they do it a lot.

Did Michael Hastings die in an accidental car crash caused by too much speed on a city street? Or, was he murdered?

I don’t know the answer to that question. None of the commenters who are speaking with such certainty on one side of this story or the other knows, either. They are just taking the position which will most benefit the political party they push.

What is certain is that a significant number of Americans think it’s possible that he was assassinated because of what he was writing. No matter the facts of Michael Hasting’s death, that extraordinary level of distrust in our government is a serious matter, all by itself.

The question, What do we need to “keep us safe” from all those faceless people we’ve been told “want to kill us” must be juxtaposed with the question, What do we need to keep us safe from the loss of all our freedoms.

We have lived over two hundred years in freedom. It has become almost impossible for Americans to imagine any other way to live. But the price of freedom is, and always has been, eternal vigilance. We need to remember that at least some of this eternal vigilance needs to be focused on the excesses of our own government.

I do not know what happened to Michael Hastings beyond the fact that he died in a horrible car crash. But I do know that our government is spying on all of us and that the entire Congress took part in giving shadowy agencies a blank check to do this.

What I do know is reason enough for concern.

Here are two videos I found about Michael Hastings’ death.

The first is from the LoudLabs News who spotted him speeding and followed him. The second is an interview with an eye witness to the crash. They’re the best, unbiased information I could find.

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JFK: Civil Rights Address

My mother’s comment after this speech was “the president taught the nation a Sunday school lesson.”

The question which I wonder about all these years later is whether or not President Kennedy would have been able to pass the 1964 Civil Rights Act if he had lived. President Johnson used the grief of Kennedy’s assassination to help pass the bill. Also, President Johnson’s many years in the Senate leadership gave him enormous legislative skills and power that came into play in the passage of this law.

Opinions?

(It is a phenomenal speech, btw. Just ask any black person who lived under segregation. This speech was a white man, speaking to their hearts.)

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Blumenthal Announces Bill to Overturn State Abortion Laws

A small group of members of the United States Congress announced plans today to introduce a bill that sounds as if it would completely federalize abortion.

The proposed legislation, by Senator Richard Blumenthal (D-Conn) is designed to override state regulations on abortion clinics. Senators Tammy Baldwin (D-WI), Barbara Boxer (D-CA) and Representatives Judy Chu (D-CA, Marcia Fudge (D-OH) and Lois Frankel (D-FL) are backing the bill.

I know this is going to sound odd, but the thing that disgusts me about this the most is the title they’ve given the bill. They’re calling it the Women’s Health Protection Act. That really raises my feminist ire.

I am so sick of hearing abortion equated with “women’s health.” What, I ask you, about ovarian cancer? Or, rape? Or egg harvesting? How about sex-selected abortion?

Or … dare I say it? … unsafe, unclean abortion processing stations that call themselves clinics and that are run by doctors without hospital privileges who allow non-doctors to perform abortions and prescribe dangerous drugs without proper medical evaluation? How about outpatient surgical clinics — whose only surgery is abortion — that do not have the basic health and safety equipment that is required of every other outpatient surgical clinic?

It is so wonderful that members of the United States Congress want to spare women the egregious requirements of having doctors who are licensed and have hospital privileges and do the procedures themselves rather than farming them out to underlings. I think we need to start doing that for prostate surgery and gall-bladder surgery and appendectomies. Those are “routine” too. Let the nurse do the surgery and use doctors who can’t practice in a nearby hospital. Do it without proper medical equipment.

But wait. This is only women we want to spare the rigors of good medical care while they exercise their “right” to “women’s health” by having abortions.

If you ever wondered how someone like Kermit Gosnell was able to operate for so long, let me explain it you. This is how.

The Gosnells are protected by “abortion advocates” who oppose any and all regulations of abortion clinics.

Do they ever ask about the women who end up in clinics like Gosnells?

Or what about the women who have abortions performed by non-doctors, or who are prescribed RU-486 by a staffer with no ultrasound beforehand?

Bleeding to death from a ruptured ectopic pregnancy evidently doesn’t constitute a “women’s health” problem if the rupture was caused by an abortion drug. That’s what can happen when non-doctors prescribe these drugs without proper medical evaluation.

Why is it onerous to provide women with the same outpatient surgical care that the law requires for every other kind of surgery? Why is abortion so much more important that, ummmm, women’s health?

The emphasis on abortion at the cost of every other right, every other need and all safety precautions is not only demeaning to women, it endangers them. This proposed law is particularly egregious because it is a law against passing a law. When you read the language in the thing, it is not a statute that stands on its own. It is rather a proposal to codify limitations on what laws the states may consider.

That’s far-reaching and rather sinister. The idea has almost limitless applications that go far beyond abortion or any issue. It strikes to the heart of the notion of separation of powers in a federalist government. I expect more legislation by other members of Congress acting on behalf of special interest groups that attempts to shut down the states from enacting laws on all types of subjects, many of which will involve corporations and special interest money.

This particular piece of legislation will not become law for the simple reason that it will not get a hearing in the Republican dominated House of Representatives. However, it will be a campaign fundraiser for the Ds and a campaign issue for the Rs.

The abortion issue is necessary for both political parties. If you don’t know that, you don’t know American politics.

From Senator Blumenthal’s website:

(Washington, DC) – Today, U.S. Senator Richard Blumenthal (D-Conn.) – joined by U.S. Senators Tammy Baldwin (D-WI), Barbara Boxer (D-CA) and U.S. Representatives Judy Chu (D-CA-27), Marcia Fudge (D-OH-11), and Lois Frankel (D-FL-22) – announced the Women’s Health Protection Act of 2013.

The Women’s Health Protection Act would protect a woman’s right to safe and legal abortion by stopping restrictive regulations and laws – such as those in place in states including Texas and Wisconsin – intended to curtail reproductive health services for women.

 

 

Oklahoma Supreme Court Does It Again

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12 Weeks Ultrasound

 

Oklahoma’s Supreme Court overturned a second pro life bill this week. This one concerned trans-vaginal ultrasounds. 

I’ve been waiting for this decision before I commented on all this. Now, I’m going to wait and get my head organized. 

Then, I imagine I will have a few things to say. 

Here is the CNN Report:

Washington (CNN) – Oklahoma lost another round in its effort to restrict abortions when the U.S. Supreme Court Tuesday declined to hear an appeal in a case that would force women seeking an abortion to have an ultrasound first.

The justices, without comment, refused to accept the state’s appeal over HB 2780, which would require healthcare providers to perform an ultrasound scan before terminating a woman’s pregnancy.

Lower state courts found the law unconstitutional. Oklahoma Attorney General Scott Pruitt said those judges did not give proper legal weight to previous high court rulings allowing some regulation and restriction on abortions.

The new law mandated that pregnant women seeking an abortion be given the chance to view the ultrasound image and be given a medical description, including “the dimensions of the embryo or fetus, the presence of cardiac activity, if present and viewable, and the presence of external members and internal organs, if present and viewable.”

Neither the woman nor her doctor would be punished or penalized if she refused to look at those images, but the procedure, performed either vaginally or abdominally, and the explanation would be required.

Even if I Die, I Should be the First One

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Father Benny Putharayli

Even if I die, I should be the first one.

That was how Father Benny Putharayli evaluated the situation when the gunman who had invaded his church during mass gestured for him to step forward.

Father Putharayli’s parishioners were already on the floor, taking cover. A gunman had walked into the Church of St Michael in Ray, ND during mass and yelled, “Stop Father!”

“It was a shocking moment because I was preaching,” the priest recounted. The parishioners hit the floor and that left Father Putharayli the only one standing.

When the gunman gestured for the priest to come forward, Father Putharayli thought, “Even if I die, I should be the first one.”

I would guess that Father’s thoughts were almost instantaneous. This doesn’t sound like the kind of situation where someone has time to weigh their ideas and contemplate consequences. Moments like this strip away the intellectual boundaries we place between who we are and who we would like to be.

It sounds as if that split second thought was Father Putharayli, offering his life for that of his parishioners.

The gunman was a killer. He had murdered two people, including his 82-year-old mother, before coming to the church. Fortunately, he only wanted money from the parishioners. But Father Putharayli didn’t know this when he was looking down the barrel of that shotgun, and given that he was dealing with someone so depraved that he had killed his own mother, things could easily have turned bloody in that church that evening.

The world gets crazier and violent acts multiply. But, even in the midst of this violence, individual acts of heroism and self-sacrifice witness to the best that’s in us. That is one of the messages we need to take away from the many terrible events in our society. Good happens, and it happens in the worst of times.

I’m tired of asking the question “Why?” about the senseless violence in our society? The operative word about these terrible crimes is that they are senseless by ordinary thinking. There will never be a comprehensible answer to the question Why? or at least not one we want to hear.

The truth is, our society has become a psycho-breeder. We don’t want to face that and the implications it has for some of our cherished misbehaviors. But without a willingness to forego easy answers and quickie fixes that will not work, the eternal whys of the victims have no answers.

As I said a few months ago, we are going to have to learn to live with this. This is our new normal.

I understand the shattered victims who ask Why? That is the first and deepest response of the grievously wounded. Coming from those whose lives have been shattered, Why? isn’t a question so much as it is a statement. I am worth something it says. My loved one who is dead or injured is a beautiful gift from God and their worth is beyond counting. Don’t you see that?

That is what Why? means when it comes from a shattered victim.

But as a rhetorical question from a stunned public, it has ceased to resonate, at least for me. I am tired of asking Why?

I refuse to go where these rhetorical Whys? lead to, which is a fixation on the monsters who do these things. I don’t want to talk about them. I would rather we never spoke their names and, when the times comes, that we salt their graves so nothing can ever grow there again.

So, if you want to gabble about the various shootings and tragedies of this week or the weeks before, go elsewhere. The silence on this blog is my salt on the monster’s graves. They are anathema to me. When I speak, it will be about the beautiful acts of heroism and love that ordinary people rise to as a result of these pitiless assaults.

We need to focus on the brave and selfless people who look down the barrel of a shotgun and think Even if I die, I should be the first one. 

Because, even in the worst of times, good happens.

From Chicago Sun-Times.com:

The Rev. Benny D. Putharayil was conducting Saturday night mass at the Church of St. Michael in Ray, N.D. when a man armed with a shotgun barged in.

“It was a shocking moment because I was preaching,” Putharayil recalled Monday night, only after learning the man had been wanted for murder. “He stepped in with a gun and shouted, ‘Stop, Father.’”

Heads in the pews turned to catch sight of 54-year-old Billy Varner, who has since been charged with the murder of two women in north suburban Antioch, according to the priest and authorities.

Nearly three-dozen parishioners hit the floor, taking cover in the pews, leaving Putharayil the only one standing, the Catholic priest said in a phone interview.

Then the man gestured with his gun for Putharayil to come forward.

“My thought was, ‘Even if I die, I should be the first one,’” Putharayil said. “By God’s grace I was a spared.”

Because I am a Girl

I’ve put together a few videos about the price half the human race pays every day simply because they are girls.

There is much more than I have put here. But one point I want to make is that we have a habit of talking about these things as if they occur only in other parts of the world rather than here the West.

But this is not true. We treat our little girls very badly, even here in America. We begin grooming them to be sexually available and to be sexually used from the time they are very little. We use trollop fashions and cultural images which degrade and sexualize even the most serious and unlikely of female role models such as presidential candidates to send a clear message that little girls are sexual things to be exploited and used.

Our public school systems push dangerous forms of contraception on young girls in a manner that I can only describe as misogynist and destructive to both their humanity and their physical well being.

The feminist movement has become such a sham that it joins in with these actions and promotes them as “women’s rights” and “reproductive health.” Now the move appears to be to normalize, excuse and ultimately accept sex selected abortion.

The response from those who are either doing this or are supporting it is the same as I have seen in other forms of outrageous behavior: They justify it with reference to extreme cases that appeal to misguided compassion, by talking about babies that suffer from sex-linked genetic disorders. Then they circle around and claim that it isn’t happening at all.

Both these tactics are accompanied by the usual insults directed at people who try to speak out against sex selected abortion. I’ve encountered similar opposition in discussions of rape back when I helped found the first rape crisis center in Oklahoma and wife beating when I passed the original law that created the protective order in Oklahoma.

I even got a smattering of it when I passed the law making female genital mutilation a crime in Oklahoma. That particular bill was killed so many times I lost count before I finally got it through. I went through a legislative nightmare, fighting it through both houses past the mindless opposition of the back room legislative “advisers” who actually make most of the decisions in the Oklahoma legislature.

I think it’s telling that one year after I passed this law, the American Academy of Pediatrics actually came out in favor of a limited form of FGM. Their reason? They were trying to “contain” the problem that a year ago some folks were claiming did not exist.

The fact that Britain has been forced to acknowledge what was already a fact, namely that their law regarding sex-selected abortion has so many loopholes that it is not enforceable, is no surprise to me. If that law is the way it has been presented in Crown Prosecution Service documents, it was always a sham.

Evidently in Britain as well as here in America, the desire to protect women’s “right” to abortion trumps everything else, including women’s health and lives.

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Sex Selected Abortions in Britain: What Does the CPS Decision Mean?

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As an American, I find British law confusing, which, I expect is equally true of the British when they try to consider American law.

My understanding of the current legal situation concerning sex selected abortion in Britain is, to put it in American terms, that the agency charged with enforcing the statute has determined that it is, if a single loophole is followed, unenforceable.

The decision was based on a request for prosecution of two doctors who agreed to perform a sex selected abortion that was part of an undercover operation by a British newspaper. The exception on which the decision not to prosecute these two doctors was based is a provision in British law that allows abortions for reason of the baby’s gender whenever two physicians certify that “continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the woman or any existing children of her family.”

That sounds very much like the health of the mother exceptions that have allowed terminations of pregnancies right up until the baby is born here in the US. In fact, it sounds as if sex-selected abortion was already legal in Britain, even before the Crown Prosecution Service decision not to prosecute under this law. If that is true, and the law I’ve seen reads like it is, then the CPS decision was a formality.

The report from the CPS talks about the difficulty the prosecution would face proving that the doctors in question were acting in bad faith. It describes this situation as “a narrow basis for any prosecution.”

Because of these things, the CPS declined to prosecute the two doctors in question. It also, so far as I understand these things, gave an explanation as to why any prosecutions for sex-selected abortion would be extremely unlikely.

In America, we would say that the CPS had made a de facto decision legalizing same-sex abortion in Britain. I’ve read comments, including a circular and  mush-mouthed statement from the Prime Minster, saying that there is no such thing as a de facto decision in British law. That leaves me wondering what they call it.

If the agency charged with enforcing a law says that they won’t enforce it because it is unenforceable, then it sounds to me like this agency has, de facto, repealed the law. In addition, if the quotations supplied by the CPS in their discussions of this decision are both accurate and inclusive of the British law on sex selected abortion, I think they are probably right. This law is unenforceable except in the rare case where a doctor is stupid enough to do a sex-selected abortion without getting another doctor to sign off on it for him or her.

So far as I know, there has not been any legislation passed in Britain formally legalizing sex-selected abortion. However, when the agency charged with enforcing a law says that they will not enforce it because the law is unenforceable, then it sounds like it’s been repealed to me.

Baby girl3

Britian’s Prime Minister, David Cameron, affirmed this even as he denied it when he answered a question that included the statement “a female fetus in the womb today is more vulnerable than she was last week” by saying

… But in our country we do have independent prosecuting authorities. It’s very importance that they look at the evidence and they make a decision on the basis of likelihood of getting a conviction and the public interest in making a case and taking it to court. That’s how things have to work in our country, but I share her concern about what we’ve read and what has happened and it’s absolutely right that professional action should be considered as well.

For those who aren’t fluent in the language, that’s political-speak for “Yes.”

The facts as I know them — and I will be happy to write about any difference in facts as they pop up — is that sex selected abortion is now free of the threat of prosecution in Britain so long as two doctors sign off on the sex selected abortion in accordance with the parameters established under the law.

I would guess that it is possible that this law will be re-written to make it enforceable in the future. However, that may not happen. I can not predict.

Quotes from CPS communications about the decision, as well as links to the original documents, are below:

BABY GIRL4

According to a letter from Keir Starmer, who is the Director of Public prosecutions to Dominic Grieve, MP, the loophole in the law is that:

The law does not, in terms, expressly prohibit gender-specific abortions; rather it prohibits any abortion carried out without two medical practitioners having formed a view, in good faith, that the health risks of continuing with a pregnancy outweigh those of termination. 

… the discretion afforded to doctors under the current law in assessing the risk to the mental or physical health of a patient is wide and, having consulted an experienced consultant in Obstetrics and Gynaecology, it appears that there is no generally accepted approach among the medical profession.

There is also the difficulty that, on its face, the HSA/1 form which doctors are required to use to certify their assessment of a patient, does not require them to see or examine the patient before forming a view. Against that background, it would be very difficult for a jury to assess what may or may not be an “adequate” assessment by the doctor and there is a real risk that different juries would reach different decisions on essentially the same facts. 

Baby girl 2
The Crown Prosecution Service followed this letter with a more extensive analysis of the situation on their web site(emphasis mine):

Procuring a miscarriage is an offence contrary to section 58 of the Offences Against the Person Act 1861. However, section 1 of the Abortion Act 1967 provides that a person should not be guilty of an offence when a pregnancy is terminated by a registered medical practitioner if two registered medical practitioners are of the opinion, formed in good faith, inter alia, that “the pregnancy has not exceeded its 24th week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family”.

Thus the law does not, in terms, expressly prohibit gender-specific abortions; rather, it prohibits any abortion carried out without two medical practitioners having formed a view, in good faith, that the health risks (mental or physical) of continuance outweigh those of termination. This gives a wide discretion to doctors in assessing the health risks of a pregnant patient.

The BMA’s Handbook of Ethics and Law, published in February 2012, gives the following guidance, which is the same as guidance published in 2007:

Abortion on the grounds of fetal sex

 

Fetal sex is not one of the criteria for abortion listed in the Abortion Act and therefore termination on this ground alone has been challenged as out with the law. There may be circumstances, however, in which termination of pregnancy on grounds of fetal sex would be lawful. It has been suggested that if two doctors, acting in good faith, formed the opinion that the pregnant woman’s health, or that of her existing children, would be put at greater risk than if she terminated the pregnancy, the abortion would arguably be lawful under section 1(1) (a) of the Abortion Act. (see page 283) [Morgan D (2001) Issues in medical law and ethics, Cavendish Publishing, London, pp147-9]. The Association believes that it is normally unethical to terminate a pregnancy on the grounds of fetal sex alone, except in cases of severe sex-linked disorders. The pregnant woman’s views about the effect of the sex of the fetus on her situation and on her existing children should nevertheless be carefully considered. In some circumstances doctors may come to the conclusion that the effects are so severe as to provide legal and ethical justification for a termination. They should be prepared to justify the decision if challenged.” [p.287]

… The prosecution would have to be in a position to prove, beyond reasonable doubt, that the assessments carried out by the doctors was carried out in bad faith or carried out in such a way that fell below a standard which any reasonable doctor would consider adequate. In the absence of any considered medical guidance it is extremely difficult for the prosecution to undertake this exercise. Equally, it would be very difficult for a jury to assess what may or may not be an “adequate” assessment by the doctor. 

It is questionable whether the interests of justice are served in bringing a prosecution where such levels of uncertainty exist.  In the absence of guidance a jury would have no yardstick by which they could measure the conduct of any doctor facing prosecution.  Where there is such uncertainty there is a serious risk that different juries would reach different decisions on essentially the same facts.

… As with the evidential stage of the Code test, the public interest in this case is finely balanced. But, if the narrow basis of any prosecution is kept firmly in mind, the public interest factors against prosecution outweigh those in favour. In reaching this conclusion, we fully consulted with the police who agreed with us about the public interest.

For additional information check out Frank Weathers at Why I Am Catholic.


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